The following Restructuring & Insolvency guidance note Produced in partnership with Martin Evans and Tim Stansfeld of CMS provides comprehensive and up to date legal information covering:
The main legislation controlling the planning system in England and Wales is the Town and Country Planning Act 1990 (TCPA 1990). The TCPA 1990 sets out the regime for most aspects of planning, including:
the meaning of development and when planning permission is required
how planning applications are determined
when planning obligations can be entered into, and
enforcement for breaches of planning law
The TCPA 1990 provides that planning permission is required for works which constitute 'development'. Development carried out without planning permission is unlawful and can be subject to enforcement action.
the carrying out of building, engineering, mining or other operations in, on, over or under land, or
the making of any material change in the use of any buildings or other land
Building operations commonly involve constructing a new building, structural alterations or additions to an existing building, and other operations normally undertaken by a builder.
Whether a material change of use takes place depends on the nature of the new and previous use, and is often a question of fact and degree. A change of use to another use within the same use class does not normally constitute development. See Overview: Is planning permission required?.
Planning permission is authorisation to carry out development. In most cases,
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