Planning conditions, obligations and the community infrastructure levy

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New temporary permitted development rights in Wales to support economic recovery

The following Planning news provides comprehensive and up to date legal information on New temporary permitted development rights in Wales to support economic recovery

Planning weekly highlights—8 April 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—8 April 2021

New permitted development rights for changes of use and expansion of public service infrastructure in England, as part of a package of measures to revitalise high streets

Planning weekly highlights—1 April 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—1 April 2021

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 conditions, obligations and the community infrastructure levy content

Practice notes

Conservation covenants in England

What are conservation covenants?As a concept, conservation covenants are private, voluntary agreements between a landowner and responsible body, such...

9th Apr

Brexit

Practice notes

Biodiversity net gain in England

What is biodiversity net gain?Biodiversity net gain is a principle which aims to leave the natural environment in a measurably better state after...

9th Apr

Brexit

In-house

Practice notes

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...

9th Apr

Practice notes

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...

8th Apr

Practice notes

The interpretation of planning documents post Trump and Ashford

Interpreting planning permission post Trump and AshfordInterpreting planning permission by reference to application documents and extrinsic...

8th Apr

Practice notes

The statutory test for section 106 agreements and interaction with Community Infrastructure Levy (CIL)

The concept of planning gain or betterment taxation has long been an element of the planning system in England. It is based on the idea that...

8th Apr

Practice notes

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

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

8th Apr

Practice notes

Community Infrastructure Levy (CIL)—social housing relief

ContextCommunity Infrastructure LevyThe Community Infrastructure Levy (CIL) is a development charge which local planning authorities, designated as...

8th Apr

Practice notes

Planning conditions—key points

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

8th Apr

In-house

Practice notes

Community Infrastructure Levy (CIL)—exemptions for minor development, residential annexes and extensions and self-build housing

ContextCommunity Infrastructure LevyThe Community Infrastructure Levy (CIL) is a development charge which local planning authorities, designated as...

8th Apr

Practice notes

Scope for scheme amendments once planning permission is granted

Deciding which approach to scheme amendments to takeOnce planning permission for development has been granted it must be implemented in accordance...

8th Apr

Practice notes

Community Infrastructure Levy (CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paid

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

8th Apr

Practice notes

Community Infrastructure Levy (CIL)—enforcement

IntroductionThe Community Infrastructure Levy (CIL) is a charge levied in respect of development. The legislative basis for CIL is found in Part 11 of...

8th Apr

Practice notes

Enforcement of planning obligations

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

8th Apr

Practice notes

Community Infrastructure Levy (CIL)—considerations for developers and purchasers

Considerations for developersCheck whether the LPA has adopted a charging schedule for CILCIL is only payable where the relevant LPA has adopted a...

8th Apr

Practice notes

Viability in planning decision-taking—comprehensive guidance

Contents•Context•Overview of viability in planning•National planning policy and guidance•Viability assessments in practice•Appeals•Section 106...

Produced in partnership with Charlotte Gorst and Thomas Evans of Gerald Eve LLP 8th Apr

Practice notes

Planning obligations and the Bribery Act 2010

Planning obligations under the Town and Country Planning Act 1990, s 106Section 106 of the Town and Country Planning Act 1990 (TCPA 1990) relates to...

8th Apr

Practice notes

Community Infrastructure Levy (CIL)—calculating CIL in England

IntroductionCommunity Infrastructure Levy (CIL) is a charge levied in respect of development. The legislative basis for CIL is found in Part 11 of the...

8th Apr

Practice notes

Checklist of Community Infrastructure Levy (CIL) forms and notices

IntroductionCommunity Infrastructure Levy (CIL) is a charge levied in respect of development. The legislative basis for CIL is found in Part 11 of the...

8th Apr

Practice notes