Planning Law

LexisPSL Planning helps you to understand planning requirements, procedures, policy, appeals and enforcement, for developments ranging from small-scale residential extensions to nationally significant infrastructure projects. Clear, concise practice notes have direct links to relevant cases, legislation, guidance and commentary and our daily news feeds and weekly highlights keep you informed of new cases, legislation, and consultations.

Planning law is a rapidly changing, case-law heavy area of law. It is of relevance not only for specialist planning lawyers, but also for local planning authorities, consultants, developers and lawyers dealing with property, environment, construction and infrastructure matters.

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Practice notes

Precedents

Q&As

News

Latest Planning News

Section 106 insights—part three—common obligations and common pitfalls, particularly agreed carbon targets and contributions, employment and training obligations, and Grampian obligations

Retained EU law—a guide for the perplexed

The following Banking & Finance news provides comprehensive and up to date legal information on Retained EU law—a guide for the perplexed

Challenges to the validity of retained EU law

The following Corporate Crime news provides comprehensive and up to date legal information on Challenges to the validity of retained EU law

Lexis®PSL Planning monthly highlights—September 2015

The following Planning news provides comprehensive and up to date legal information on Lexis®PSL Planning monthly highlights—September 2015

Featured Planning content

Declaratory relief of planning decisions

A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but...

Grounds of appeal—introducing new evidence

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

Planning conditions—the six tests

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...

Section 215 notice requiring maintenance of land

IntroductionThe purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to give a local planning authority (LPA) power to take...

Practice notes

Operational development

Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...

9th Nov

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Material change of use

Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...

9th Nov

Practice notes

Oversailing

TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....

9th Nov

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

Practice notes

Defining the planning unit

Why is it important to establish the planning unit?Planning permission is required where there has been a material change of use (see Practice Note:...

9th Nov

Practice notes

Permission to appeal—the application

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

9th Nov

Practice notes

Highways—ownership and creation

Meaning of ‘highway’In the broadest sense, a highway is a way (ie a defined route, such as a road, bridleway or footpath) over which the public have...

9th Nov

Practice notes

Keeping planning permission alive

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...

9th Nov

Practice notes

Overview of the EU legal system

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 12th Jan

Brexit

Practice notes

Presumption in favour of sustainable development

Policy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published on 27 March 2012, taking immediate effect. It...

9th Nov

Practice notes

Local Development Orders

What is a Local Development Order (LDO)?An LDO is a local development order, made at local authority level by a local planning authority (LPA). Once...

9th Nov

Practice notes

Purchase notices

What is a purchase notice?The purchase notice procedure provides landowners with a means of having land acquired by a local planning authority (LPA)...

9th Nov

Practice notes

Compulsory purchase—compensation

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

Produced in partnership with Stephen Morgan of Landmark Chambers 12th Jan

Most recent Planning content

Practice notes

Maintenance liability for highways

Highways not maintainableThere are some, but very few, highways for which nobody has any liability for maintenance. All other highways are...

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors and Alastair Frew of Lodders Solicitors 16th Jan

Practice notes

Nuisance on highways

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

Produced in partnership with Alastair Frew of Lodders Solicitors and Nicholas Hancox of Nicholas Hancox Solicitors 16th Jan

Practice notes

Local Government and Social Care Ombudsman

The Local Government Act 1974 (LGA 1974) established a Commissioner for local administration more commonly known as the Local Government and Social...

16th Jan

Practice notes

UK-EU Trade and Cooperation Agreement—environmental provisions

UK-EU Trade and Co-operation AgreementOn 24 December 2020, the European Commission and UK government announced an agreement in principle on the legal...

15th Jan

Practice notes

LPA consultation and publicity for planning applications

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

15th Jan

Practice notes

Environmental Impact Assessment and the Habitats Directive

IntroductionWhere EU law requires an environmental impact assessment (EIA) of a proposed development project to be undertaken, that assessment will...

Produced in partnership with Heather Sargent of Landmark Chambers 15th Jan

Practice notes

Applying for planning permission—procedure

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

15th Jan

Q&As

What searches can be carried out to determine whether properties are affected by High Speed 2 and Crossrail? What further information exists in respect of a property located in the vicinity of Crossrail but which does not qualify for a settlement deed?

Commercial conveyancing companies such as Groundsure provide High Speed 2 (HS2) and Crossrail searches to help determine whether properties are...

15th Jan

Q&As

Would a tattoo parlour/studio fall under the new Use Class E ('any other services which it is appropriate to provide in a commercial, business or service locality') of the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020, or is it likely to be sui generis?

The Town and Country Planning (Use Classes) Order 1987 (the Use Classes Order), SI 1987/764 puts uses of land and buildings into broad categories set...

15th Jan

Q&As

Do section 106 monies have to be repaid where a planning permission was never validly implemented (as pre-commencement conditions were not discharged), but a certificate of lawfulness for existing use/development was obtained for the development?

Lawful development certificateA lawful development certificate (LDC) for existing use is a certificate issued by a local planning authority (LPA)...

15th Jan

Practice notes

Offshore wind—permits and permissions

Legislative and policy context for offshore wind development in the UKUnder EU Directive 2009/28/EC (the EU Renewable Energy Directive), the UK was...

Produced in partnership with Helen Mitcheson of Trowers & Hamlins LLP 15th Jan

Practice notes

The planning regime for radioactive waste disposal in England and Wales

What is radioactive waste?Radioactive waste in the UK arises (and will arise) from past, existing and future programmes for power generation from...

Produced in partnership with Burges Salmon LLP. 15th Jan

Practice notes

Application procedure for nationally significant infrastructure projects

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...

15th Jan

Practice notes

Making changes to Development Consent Orders

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...

15th Jan

Practice notes

Costs awards in planning appeals

Costs in planning appeals do not follow the event. An inspector/the Secretary of State/Welsh Ministers have a wide statutory discretion to award costs...

Produced in partnership with Sarah Batterton of Ashurst LLP 15th Jan

Practice notes

Obtaining building regulations approval

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

15th Jan

Practice notes

Brexit—alternative UK trade models [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.As of 31 January 2020 (exit day), the UK is no longer an EU Member State and its...

Produced in partnership with Adam Cygan of University of Leicester 15th Jan

Brexit

Practice notes

New Electronic Communications Code—terminating and modifying Code rights

The new CodeThis Practice Note sets out how Code rights can be terminated or modified, the steps to be taken and provisions relating to notices. For...

15th Jan

Practice notes

Habitats and wildlife issues for developers

Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

15th Jan

Practice notes

The pre-action protocols and when they apply

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

15th Jan