Compulsory purchase

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Planning weekly highlights—22 July 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—22 July 2021

Planning weekly highlights—15 July 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—15 July 2021

Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

The following Planning news provides comprehensive and up to date legal information on Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

Challenging traffic regulation orders—(experimental low traffic neighbourhood orders)—Road Traffic Regulation Act 1984; public sector equality duty and ‘due regard’ to Equality Act 2010 s149; adequacy of consultation with ‘other relevant organisations’—Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (R (oao Sheakh) v LB Lambeth)

Challenging traffic regulation orders—(experimental low traffic neighbourhood orders)—Road Traffic Regulation Act 1984; public sector equality duty and ‘due regard’ to Equality Act 2010 s149; adequacy of consultation with ‘other relevant organisations’—Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (R (oao Sheakh) v LB Lambeth)

Featured Planning content

What is the meaning of ‘principal elevation’ for the purposes of Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015?

‘Principal elevation’ is referred to in the exceptions and conditions to various permitted development rights in Part 1 of Schedule 2 to the Town and...

Planning policy in Wales

Planning policy is contained primarily within national policy documents and the development plan.Welsh national planning policy is contained...

Brexit—exiting the EU under Article 50 [Archived]

Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...

Building regulations—enforcement

Building regulations—enforcementThe Building Regulations 2010, SI 2010/2214 (the Building Regulations) are made under the Building Act 1984 (BA 1984)....

Q&As

Where there are separate section 52 and section 106 agreements over a property, and the council has confirmed that the section 106 has been discharged, is the section 52 also discharged?

A section 52 agreement is a set of planning obligations contained in the Town and Country Planning Act 1971 (TCPA 1971) relating to specific pieces of...

Produced in partnership with Abbie Pritchard-Hooper of IBLaw 19th May

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...

19th May

Practice notes

Material change of use

Material change of useControl of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is...

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The EU Birds Directive—summary

The EU Birds Directive—summaryThe EU Birds Directive—summaryEU Council Directive 2009/147/EC on the conservation of wild birds (OJ L 20, 26.1.2010)...

19th May

Practice notes

Implementing a CPO—notice to treat and General Vesting Declaration

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

19th May

Practice notes

What is a town or village green?

The existence of a town or village green (TVG) may restrict or even prevent development. It is a criminal offence to disturb or interfere with the use...

Produced in partnership with Stephen Morgan of Landmark Chambers 19th May

Practice notes

Determining planning applications—material considerations

Role of material considerations in planning decisionsWhen considering an application for planning permission or permission in principle, section 70(2)...

19th May

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Planning conditions—the six tests

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Applying for planning permission—procedure

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19th May

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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...

19th May

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Presumption in favour of sustainable development

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19th May

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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...

19th May

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 19th May

Practice notes

The Crichel Down Rules

The Crichel Down Rules (the Rules) require that in certain circumstances, surplus government land that was acquired by, or under a threat of,...

19th May

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Keeping planning permission alive

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

19th May

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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...

19th May

Most recent Compulsory purchase content

Q&As

Can a new freehold owner object to a Compulsory Purchaser Order (CPO) where the former owner had not objected when notices were originally served? The CPO will be examined at public inquiry in around three months. The confirming authority has confirmed that objections can technically still be received despite the expiry of the period for objections. However, does it make any difference for a new owner who undertook local searches prior to acquisition and should have been aware of the CPO?

Can a new freehold owner object to a Compulsory Purchaser Order (CPO) where the former owner had not objected when notices were originally served? The...

6th Jun

Q&As

Is any type of a Compulsory Purchase Order (under the Planning Act 2008, Electricity Act 1989, etc) subject to disclosure rules in terms of evidence? Should document exchanges between parties be marked without prejudice or is there no need for this?

Is any type of a Compulsory Purchase Order (under the Planning Act 2008, Electricity Act 1989, etc) subject to disclosure rules in terms of evidence?...

Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 6th Jun

Q&As

Are the Crichel Down Rules (for the disposal of surplus land acquired by, or under the threat of, compulsion) a statutory requirement for local authorities to follow?

Are the Crichel Down Rules (for the disposal of surplus land acquired by, or under the threat of, compulsion) a statutory requirement for local...

6th Jun

Q&As

What are the consequences where an acquiring authority fails to serve notice on the correct owner of land which has been compulsorily purchased, where the ownership was incorrectly registered by another person?

What are the consequences where an acquiring authority fails to serve notice on the correct owner of land which has been compulsorily purchased, where...

Produced in partnership with Chris Willmore 6th Jun

Q&As

The Secretary of State proposes to temporarily acquire a strip of land which is contaminated land, with a view to developing it as part of the HS2 railway line. The current owner has the benefit of a contamination indemnity from the previous owner, which was subject to a condition not to develop the land. How can the current owner ensure that they will be indemnified in respect of the contamination once the land is eventually transferred back to them following development?

The Secretary of State proposes to temporarily acquire a strip of land which is contaminated land, with a view to developing it as part of the HS2...

6th Jun

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?

What searches can be carried out to determine whether properties are affected by High Speed 2 and Crossrail? What further information exists in...

6th Jun

Q&As

Where an investment owner does not physically occupy a property, will they still qualify for compensation under either a blight notice or compulsory purchase order?

Where an investment owner does not physically occupy a property, will they still qualify for compensation under either a blight notice or compulsory...

Produced in partnership with Kevin Leigh of No 5 Chambers 6th Jun

Q&As

Do you have a any guidance notes on the making of a deed poll after the expiry of the notice to treat or notice to enter where land comprised within a compulsory acquisition of land is in unknown ownership?

Do you have a any guidance notes on the making of a deed poll after the expiry of the notice to treat or notice to enter where land comprised within a...

Produced in partnership with Harriet Townsend of Cornerstone Barristers 6th Jun

Q&As

What is the formal procedure for appropriating land for planning purposes? Who makes the appropriate decision for the purposes of section 203 of the Housing and Planning Act 2016 and can that decision be delegated?

What is the formal procedure for appropriating land for planning purposes? Who makes the appropriate decision for the purposes of section 203 of the...

6th Jun

Q&As

What is the process of transferring land already in local planning authority ownership from one department to another (eg enterprise centre/countryside land to the highways department for the purposes of footpath improvement). Apart from following internal processes, is there any relevant legislation?

What is the process of transferring land already in local planning authority ownership from one department to another (eg enterprise...

6th Jun

Q&As

Where a local authority is proposing to dispose of land in reliance on the General Disposal Consent 2003, should the valuer they instruct to assess the undervalue amount be independent, or could the valuer be an inhouse local authority valuer?

Where a local authority is proposing to dispose of land in reliance on the General Disposal Consent 2003, should the valuer they instruct to assess...

Produced in partnership with Tracy Lovejoy LLB of Lanyon Bowdler LLP 6th Jun

Q&As

What is the limitation period for submission of a claim for injurious affection and/or disturbance following completion of constructions works?

What is the limitation period for submission of a claim for injurious affection and/or disturbance following completion of constructions works?In the...

5th Jun

Q&As

A local authority is looking to commence compulsory purchase powers to acquire a commercial leasehold interest to allow the progression of a regeneration scheme. The local authority has so far paid for two independent valuations, which have formed the basis of the Council's offer as part of its negotiations with the current leaseholder. Is the Council under a duty to pay for professional advice for the aggrieved leaseholder at this stage, ie a solicitor or surveyor? And if so, to what extent?

A local authority is looking to commence compulsory purchase powers to acquire a commercial leasehold interest to allow the progression of a...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Q&As

When does the ability to apply for a certificate of appropriate alternative development arise when an interest is proposed to be acquired pursuant to a development consent order?

When does the ability to apply for a certificate of appropriate alternative development arise when an interest is proposed to be acquired pursuant to...

5th Jun

Q&As

When proceeding with a compulsory purchase order (CPO) for land burdened by restrictive covenants, must the covenants be referred to in the CPO schedule, notwithstanding that those covenants cannot be expunged by the CPO?; Is it correct that in such circumstances, the beneficiaries of such covenants can only claim compensation pursuant to section 10 of the Compulsory Purchase Act 1965?; How in practice does that process sit alongside section 203 of the Housing and Planning Act 2016?; Must an acquiring authority rely on the appropriate section at the appropriate time, depending on the overall progression of the CPO and planning permission?

When proceeding with a compulsory purchase order (CPO) for land burdened by restrictive covenants, must the covenants be referred to in the CPO...

5th Jun

Practice notes

Transport project procurement—planning law considerations

Transport project procurement—planning law considerationsThe procurement of major transport projects will require the procuring authority to address a...

Produced in partnership with Matthew Hanslip Ward of Dentons UKMEA LLP 5th Jun

Q&As

What guidance is available for the making of a reference to the Upper Tribunal in respect of a claim for compensation under a compulsory purchase order?

What guidance is available for the making of a reference to the Upper Tribunal in respect of a claim for compensation under a compulsory purchase...

5th Jun

Q&As

Can an acquiring authority's and/or the costs of the inspector be awarded against an objector in relation to a CPO inquiry?

Can an acquiring authority's and/or the costs of the inspector be awarded against an objector in relation to a CPO inquiry?The general rule on costs...

5th Jun

Q&As

Can a General Vesting Declaration for a compulsory purchase order be challenged by way of judicial review and, if so, what is the time limit for bringing a claim?

Can a General Vesting Declaration for a compulsory purchase order be challenged by way of judicial review and, if so, what is the time limit for...

5th Jun

Q&As

When using the powers under section 203 of the Housing and Planning Act 2016 (HPA 2016) to override easements, do the requirements in HPA 2016, s 203 apply to land acquired by agreement as well as by appropriation? What is the statutory authority for the requirement for the local authority to consider whether the public interest in the development proceeding outweighs any impact on the human rights of any third party likely to be affected?

When using the powers under section 203 of the Housing and Planning Act 2016 (HPA 2016) to override easements, do the requirements in HPA 2016, s 203...

5th Jun

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Compulsory purchase

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Latest Planning News

Planning weekly highlights—22 July 2021

Planning weekly highlights—15 July 2021

Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

Featured Planning content

What is the meaning of ‘principal elevation’ for the purposes of Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015?

Planning policy in Wales

Brexit—exiting the EU under Article 50 [Archived]

Building regulations—enforcement

Most recent Compulsory purchase content

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Defects liability period and rectification of defects

Direct effect of EU law

Capital allowances on property sales—pre-contract enquiries

Provisional sums

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