Planning appeals and objections

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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 9th Nov

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 9th Nov

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 9th Nov

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 9th Nov

Most recent Planning appeals and objections content

Q&As

What are the options where a certificate of lawful development has been issued incorrectly?

Section 193(7) of the Town and Country Planning Act 1990 (TCPA 1990) allows a local planning authority (LPA) to revoke a lawful development...

29th Nov

Q&As

Where planning permission is granted on appeal and a partial award of costs is obtained, is it possible for the claim for costs to include a claim for Community Infrastructure Levy (CIL), in circumstances where CIL is payable in connection with the planning permission only because a CIL charging schedule was adopted after the refusal by the local planning authority but before the successful appeal resulting in the grant of planning permission?

Parties are usually expected to meet their own costs in planning appeals, however, there is provision for an award of costs to be made in certain...

Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 29th Nov

Q&As

In respect of an appeal of a refusal to grant planning permission, are there any statutory or procedural rules which prohibit additional reasons for refusal from being introduced during the appeal process?

There are no statutory restrictions preventing a local planning authority from asserting after an appeal has been made, that since refusing permission...

Produced in partnership with Kevin Leigh of No 5 Chambers 29th Nov

Q&As

Can a condition on a planning permission requiring a building to be permanently removed from the land when no longer required for agricultural purposes be lawful? If a breach of condition notice is served what grounds are available for a judicial review?

Whether a planning condition is lawful or not will depend on the circumstances of the case and the local planning authority (LPA)’s reasons for...

29th Nov

Q&As

Can a local planning authority withdraw its decision to refuse planning permission once it has been issued, and then re-issue the decision at a future date?

When a local planning authority (LPA) issues a consent, it becomes functus officio so one cannot withdraw/alter the permission (even if issued...

Produced in partnership with Kevin Leigh of 33 Bedford Row 29th Nov

Q&As

Can a local planning authority issue a decision on the planning application if the applicant has appealed against non-determination and the appeal is awaiting validation?

Following the non-determination by a local planning authority (LPA) of an application for planning permission, the applicant can appeal the...

29th Nov

Q&As

Planning permission was granted by the Mayor of London after initially being denied by the Planning Authority. If our client wants to appeal this decision can it be appealed through the usual channels or must it be by Judicial Review? Also what is time limit for the appeal and cost sanctions for the losing party?

This Q&A is answered on the basis that planning permission was granted by the Mayor of London (MoL) after being denied by the local planning authority...

29th Nov

Q&As

Can a planning enforcement notice appeal be submitted under TCPA 1990, s 174 under ground (f) or (g) without submitting a ground (a) appeal?

Under section 174(2) of the Town and Country Planning Act 1990, a person having an interest in the land to which an enforcement notice relates or a...

29th Nov

Q&As

Who can one appeal to/contact if a local authority fails to take action after it has been reported to them that trees protected by a tree preservation order and conservation area have been felled?

Enforcement of TPOs and offencesAuthorities have a range of enforcement powers to deal with breaches of planning control in relation to Tree...

29th Nov

Q&As

What is the ‘additional period’ referred to in section 78(A) of the Town and Country Planning Act 1990 and does the provision apply in England?

Section 78A of the Town and Country Planning Act 1990 (TCPA 1990) allows a local planning authority (LPA) in certain circumstances to continue to...

29th Nov

Q&As

Can an inspector still determine a planning appeal where the applicant amends the red line from the original application?

Whether a planning inspector will determine an appeal on the basis of an application with a red line plan which has been amended since the original...

29th Nov

Q&As

What would be the impact on a planning appeal of ongoing judicial review proceedings where those proceedings challenge a Government statement of planning policy which is a material consideration in the appeal?

Unless the statement of planning policy has been quashed by a decision of the court, the fact that a particular policy statement is the subject of an...

29th Nov

Q&As

Does article 3(5) of the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 prevent permitted development rights from applying in cases where operations or the use of land were originally unlawful, but now benefit from the time limits on enforcement action in the Town and Country Planning Act 1990?

We have not been able to find any case law which confirms whether or not the Town and Country Planning (General Permitted Development) (England) Order...

29th Nov

Practice notes

Planning appeals—written representations

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

29th Nov

Practice notes

Appeals against other planning decisions

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

29th Nov

Practice notes

Enforcement notice appeals and challenges

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

29th Nov

Practice notes

Planning inquiries

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

29th Nov

Practice notes

The duty to give reasons for planning decisions

Circumstances in which the duty to give reasons for planning decisions arisesIn 2013, the duty to give reasons for the grant of planning permission by...

29th Nov

Practice notes

Planning appeals—hearings

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

29th Nov

Practice notes

Planning appeals—key points

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

29th Nov