The following Planning practice note provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak — see: Enforcement notice appeals and challenges — Impact of coronavirus (COVID-19) on enforcement appeals. For further updates on key developments and related practical guidance on the implications for lawyers, see: Coronavirus (COVID-19)—Planning and the Coronavirus (COVID-19) toolkit.
Under the Town and Country Planning Act 1990 (TCPA 1990), a breach of planning control is subject to enforcement action. A breach of planning control is defined in TCPA 1990, s 171A as:
carrying out development without the required planning permission—this inherently requires that unauthorised operations or a material change of use, both of which constitute development within the meaning of TCPA 1990, s 55 have occurred, and that planning permission is required for that development and has not been obtained. In deciding whether a breach of planning control has occurred within this context, the guidance and case law concerned with the meaning of ‘development’ will need to be followed—see Practice Notes: Operational development and Material change of use
failing to comply with any condition or limitation subject to which planning permission has been granted—this includes any of the limitations or conditions applied to individual permitted development rights in the Town and County Planning (General Permitted Development) (England) Order 2015, SI 2015/596
See Practice Note: Planning—enforcement for more details
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Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
Part 8 of the Corporation Tax Act 2009 (CTA 2009) is a specific corporation tax regime that applies exclusively to the gains and losses of intangible fixed assets. Note, however, that certain intangible fixed assets are excluded from the regime, see Practice Note: Excluded intangible fixed
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
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