Compulsory purchase

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Energy performance certificates (EPCs)—what are they and when are they required?

Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures

Permitted development in England

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Planning obligations—key points

This Practice Note should be read in conjunction with Practice Notes: The statutory test for section 106 agreements and interaction with Community

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

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 20th Oct

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 Oct

Practice notes

Compulsory purchase—procedure

STOP PRESS: On 13 October 2020, the Welsh Government announced changes to the Planning Policy Wales and updated Circular guidance pursuant to...

15th Oct

Practice notes

Amending a planning permission, retrospective planning permission and revocation of planning permission

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13th Oct

Practice notes

Implementing planning permission

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2nd Oct

Practice notes

Public rights of way

Public rights of way (PROW) are highways that allow the public a legal right of passage. They have the same status and protection in law as highways...

29th Sep

Practice notes

Overriding easements and other rights

IntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining...

26th Sep

Practice notes

Operation of the Use Classes Order in Wales

The making of 'any material change in the use of any buildings or other land’ is ‘development’ for the purposes of section 55 of the Town and Country...

26th Sep

Practice notes

Determining planning applications—procedure

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

26th Sep

Practice notes

Planning—enforcement

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

26th Sep

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...

25th Sep

Practice notes

Powers to stop up and divert highways and footpaths

PurposeHighways can be stopped up if the area of highway is no longer needed, or when the land is needed for a development to take place. When a road...

25th Sep

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...

25th Sep

Practice notes

Works to trees, tree preservation orders and trees in conservation areas

Works to treesGenerally, work to trees does not constitute development under section 55 of the Town and Country Planning Act 1990 (TCPA 1990) so that...

25th Sep

Practice notes

Highways—adoption agreements

Powers to adoptThe Highways Act 1980 (HiA 1980) gives highway authorities the power to adopt new highways by agreement, places a duty on highway...

25th Sep

Practice notes

Types of planning enforcement

Where it appears to a local planning authority (LPA) that a breach of planning control has occurred, it has discretion to take enforcement action...

25th Sep

Most recent Compulsory purchase content

Practice notes

Compulsory acquisition for NSIPs—introduction and principles

The Planning Act 2008 (PA 2008) introduced development consent orders (DCOs) for nationally significant infrastructure projects (NSIPs). The regime...

25th Sep

Practice notes

Transport project procurement—planning law considerations

The procurement of major transport projects will require the procuring authority to address a wide range of issues from the outset, including...

25th Sep

Practice notes

Appropriation of land for planning purposes

Local authorities who have acquired land for a statutory purpose must hold that land for that purpose. They cannot use that land for a different...

25th Sep

Practice notes

S 17 certificates of appropriate alternative development

In order to assist the assessment of compensation in certain circumstances, section 17 of the Land Compensation Act 1961 (LCA 1961) provides that an...

25th Sep

Practice notes

Compulsory acquisition for NSIPs—application, draft DCO and supporting documentation

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

25th Sep

Practice notes

Compulsory acquisition for NSIPs—examination, making the DCO, costs, implementation and material change applications

The Planning Act 2008 (PA 2008) introduced development consent orders (DCOs) for nationally significant infrastructure projects (NSIPs). The regime...

25th Sep

Practice notes

Compulsory Acquisition for NSIPs—special categories of land, associated development and additional land

The Planning Act 2008 (PA 2008) introduced development consent orders (DCOs) for nationally significant infrastructure projects (NSIPs). The regime...

25th Sep

Practice notes

Statutory blight

What is statutory blight?Blight occurs when the value of a property is reduced because of proposed development or public works, which make it...

25th Sep

Practice notes

Compulsory purchase—economic, social or environmental well being

If authorised to do so by the Secretary of State, a local authority (LA) has power under section 226(1) of the Town and Country Planning Act 1990...

26th Sep

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)...

26th Sep

Practice notes

Overriding easements and other rights

IntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining...

26th Sep

Practice notes

High Speed 2

What is High Speed 2?High Speed 2 (HS2) is a proposed new high-speed rail network, from London to Birmingham and to Manchester and Leeds. The...

26th Sep

Practice notes

High Speed 2—statutory blight

High Speed 2 (HS2) is a proposed new high-speed rail network, from London to Birmingham and to Manchester and Leeds. The government hopes it will...

26th Sep

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,...

26th Sep

Practice notes

Achieving best consideration on disposal and General Disposal Consent 2003

Duty to achieve best considerationGeneral dutyUnder section 123(1) of the Local Government Act 1972 (LGA 1972), principal authorities, defined in...

26th Sep

Practice notes

Rights of entry under the Planning Act 2008, s 53

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...

26th Sep

Practice notes

References to the Upper Tribunal (Lands Chamber) for compulsory purchase compensation

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

26th Sep

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?

PowerThe statutory power to override easements and other rights is contained in section 203 of the Housing and Planning Act 2016 (HPA 2016).A wider...

28th Sep

Q&As

Can the making of a compulsory purchase order (CPO) which is not objected to allow an acquiring authority to acquire title to unregistered land that is part of the CPO where the landowner cannot be found?

In this Q&A it has been assumed that the compulsory purchase order (CPO) is subject to the procedure in the Acquisition of Land Act 1981 (ALA 1981).A...

28th Sep

Q&As