Who can apply? Anyone can make a planning application; the applicant does not need to own the land. Full or outline planning applications Outline planning applications An...
Scope of bias and pre-determination in planning cases Bias and pre-determination can be an issue in planning cases where a local planning authority (LPA) is determining a...
What is biodiversity net gain? Biodiversity net gain is a principle which aims to leave the natural environment in a measurably better state after development than...
What is a 'called-in application'? Most planning applications and applications for listed building consent are decided locally by the relevant local planning authority...
Context Community Infrastructure Levy (CIL) is a charge levied by charging authorities in respect of development. Charging authorities are generally the local planning...
This Practice Note explains the offences which may be committed under either the Town and Country Planning Act 1990 (TCPA 1990) or the Planning (Listed Buildings and...
Summary of enforcement time limits Section 171B of the Town and Country Planning Act 1990 (TCPA 1990) sets out time limits, after which no enforcement action in respect...
What is a design and access statement? A design and access statement (DAS) is a concise report accompanying certain applications for planning permission and listed...
Role of material considerations in planning decisions When considering an application for planning permission or permission in principle, section 70(2) of the Town and...
Statutory requirement to have regard to the development plan in planning application decisions When considering an application for planning permission or permission in...
Legislation and guidance The statutory requirements relating to the determination of planning applications are set out in: • the Town and Country Planning (Development...
Conditions requiring further approval of details Planning Practice Guidance on the use of planning conditions (the PPG) stresses that local planning authorities (LPAs)...
What are reserved matters? An outline planning permission provides a decision on the general principles of how a site can be developed. Outline planning permission is...
What is the duty to cooperate? The duty to cooperate was created by the Localism Act 2011. It places a legal duty on local planning authorities (LPAs), county councils in...
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...
If, for any reason, a developer fails to meet its obligations in an agreement entered into or binding on it under section 106 of the Town and Country Planning Act 1990...
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation...
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation...
Under the Town and Country Planning Act 1990 (TCPA 1990), a breach of planning control is subject to enforcement action. For these purposes, a breach of planning control...
Statutory duty to consider heritage impacts in determining planning applications Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A...
For the purposes of the Town and Country Planning Act 1990 (TCPA 1990), a breach of planning control is subject to enforcement action. For these purposes, a breach of...
STOP PRESS: The government had laid before Parliament the draft Community Infrastructure Levy (Amendment) (England) (No 2) Regulations 2019, which, once made, will amend...
What is a lawful development certificate? A lawful development certificate (LDC) is a certificate issued by a local planning authority (LPA) under either section 191 or...
There are three ways in which a local planning authority (LPA) may take enforcement action against unauthorised works, or potential/impending future unauthorised works,...
Local authorities are not immune from having to obtain planning permission to develop land. The grant of planning permission by any local authority to itself has always...
National Policy Statements (NPSs) are statutory documents published in accordance with the Planning Act 2008 (PA 2008). They set out the government's policy on particular...