Planning conditions, obligations and the community infrastructure levy

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Approach to the breach of conditions attached to a Planning Permission (Royale Parks v SSCLG)

The following Local Government news provides comprehensive and up to date legal information on Approach to the breach of conditions attached to a Planning Permission (Royale Parks v SSCLG)

Court of Appeal clarifies the legal test of public nuisance to a landowner’s capacity to dedicate higher public rights to existing public rights of way (Garland v Secretary of State for Environment, Food and Rural Affairs)

Court of Appeal clarifies the legal test of public nuisance to a landowner’s capacity to dedicate higher public rights to existing public rights of way (Garland v Secretary of State for Environment, Food and Rural Affairs)

Planning weekly highlights—29 July 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—29 July 2021

Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)

The following Local Government news provides comprehensive and up to date legal information on Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)

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Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...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

19th May

Practice notes

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

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...

19th May

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...

19th May

Practice notes

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

Practice notes

Presumption in favour of sustainable development

Presumption in favour of sustainable developmentPolicy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published...

19th May

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...

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

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...

19th May

Practice notes

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 Planning conditions, obligations and the community infrastructure levy content

Q&As

What must be included in a decision to discharge a planning condition?

What must be included in a decision to discharge a planning condition?Information on the discharge of planning conditions can be found in Practice...

1st Aug

Q&As

A development site is made up of two parts—one larger part where the main development (for example a block of flats) will take place and a second smaller adjoining piece of land where a single garage will be built. The larger piece of land is owned by the developer and the smaller piece of land is owned by a third party. If the developer accepts responsibility for the Community Infrastructure Levy (CIL) liability for the whole development, what would happen if the developer became insolvent and had not paid the CIL liability? Is there a risk that the third party could become liable for the whole of the CIL liability on the developer's insolvency?

A development site is made up of two parts—one larger part where the main development (for example a block of flats) will take place and a second...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug

Q&As

Planning obligations allow Local Planning Authorities (among other things) to 'Restrict the development or use of land in some way'. Would restricting the use of land include restricting the sale of land until certain stipulations have been met, ie entering into a deed outside of the section 106 Town and Country Planning Act 1990 regime.

Planning obligations allow Local Planning Authorities (among other things) to 'Restrict the development or use of land in some way'. Would restricting...

1st Aug

Q&As

Can a local authority impose a planning condition on planning permission for a housing site which requires construction of the highway up to the site boundary to enable the future development of an adjoining site in different ownership?

Can a local authority impose a planning condition on planning permission for a housing site which requires construction of the highway up to the site...

1st Aug

Q&As

In what circumstances can a developer take advantage of a discount from the Community Infrastructure Levy payable under the CIL Regulations 2010, SI 2010/948, reg 40(7), where the intended use following completion of the chargeable development is a use that is able to be carried out without further planning permission being required?

In what circumstances can a developer take advantage of a discount from the Community Infrastructure Levy payable under the CIL Regulations 2010, SI...

Produced in partnership with Christine Willmore of University of Bristol Law School 1st Aug

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?

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...

Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 1st Aug

Q&As

What is the status of an ‘informative’ on a planning condition? If, for example, the planning condition itself is silent on the parties that need to be consulted as part of a general obligation, but the informative lists certain parties and the degree to which they should be consulted, does this override/supplement the obligation (in that the council will not sign off the satisfaction of the condition without evidence that the applicant has acted in accordance with the informative?)

What is the status of an ‘informative’ on a planning condition? If, for example, the planning condition itself is silent on the parties that need to...

Produced in partnership with Kevin Leigh of No 5 Chambers 1st Aug

Q&As

If a planning application refers to the development of some social housing within a scheme, but the approval does not include a planning obligation condition requiring the provision of social housing, can a developer implement the permission for the private market?

If a planning application refers to the development of some social housing within a scheme, but the approval does not include a planning obligation...

Produced in partnership with Abigail Pritchard-Hooper of Lanyon Bowdler 1st Aug

Q&As

When outline planning permission imposes no conditions in respect of a particular issue (such as tree protection measures), does this mean that tree protection measures cannot be addressed at reserved matters stage?

When outline planning permission imposes no conditions in respect of a particular issue (such as tree protection measures), does this mean that tree...

Produced in partnership with Tracy Lovejoy LLB of Lanyon Bowdler LLP 1st Aug

Q&As

If a planning condition contains the following wording: 'unless otherwise agreed in writing by the Local Planning Authority', is this enforceable?

If a planning condition contains the following wording: 'unless otherwise agreed in writing by the Local Planning Authority', is this enforceable?It...

Produced in partnership with Jamie McKie of Dentons 1st Aug

Q&As

Can a pre-commencement condition requiring approval from the local authority for works be discharged if it has been breached?

Can a pre-commencement condition requiring approval from the local authority for works be discharged if it has been breached?This Q&A considers the...

1st Aug

Q&As

Are contributions under section 106 of the Town and Country Planning Act 1990 caught by state aid rules or are they exempt?

Are contributions under section 106 of the Town and Country Planning Act 1990 caught by state aid rules or are they exempt?The Department for Business...

Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 1st Aug

Q&As

Can agreements under section 106 of the Town and Country Planning Act 1990 be executed via electronic signatures, especially in light of the Coronavirus Act 2020?

Can agreements under section 106 of the Town and Country Planning Act 1990 be executed via electronic signatures, especially in light of the...

Produced in partnership with James Ryan of Carbon Law 1st Aug

COVID-19

Q&As

What is the difference between commencement of a development and implementation of a planning permission?

What is the difference between commencement of a development and implementation of a planning permission?In practical terms, the phrases ‘commencement...

1st Aug

Q&As

Where a collecting authority notifies the claimant of an exemption in relation to a CIL self-build exemption for an extension or outbuilding, what are the requirements for service—can the notice be sent by post?

Where a collecting authority notifies the claimant of an exemption in relation to a CIL self-build exemption for an extension or outbuilding, what are...

1st Aug

Q&As

Is there any legislation or case law which supports the standard practice that developers are required to pay the local planning authority's reasonable legal fees when entering into an agreement under section 106 of the Town and Country Planning Act 1990?

Is there any legislation or case law which supports the standard practice that developers are required to pay the local planning authority's...

1st Aug

Q&As

Is a contract conditional on planning entered into by a landowner and a developer a legal interest for the purpose of a section 106 agreement?

Is a contract conditional on planning entered into by a landowner and a developer a legal interest for the purpose of a section 106 agreement?Section...

Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 1st Aug

Q&As

If an individual acquires land by adverse possession which is subject to ongoing obligations under a section 106 agreement, will the land acquired be subject to those obligations?

If an individual acquires land by adverse possession which is subject to ongoing obligations under a section 106 agreement, will the land acquired be...

1st Aug

Q&As

Where planning permission is granted subject to various planning conditions, including a condition to submit a construction management plan stipulating hours of construction, and that condition was subsequently discharged, can a developer apply to add a condition under section 96A of the Town and Country Planning Act 1990 to increase the hours of construction following the MHCLG guidance issued on 13 May 2020?

Where planning permission is granted subject to various planning conditions, including a condition to submit a construction management plan...

1st Aug

COVID-19

Q&As

Who is responsible for the Community Infrastructure Levy where a plot of land is to be sold with the benefit of planning permission’?

Who is responsible for the Community Infrastructure Levy where a plot of land is to be sold with the benefit of planning permission’?Liability for the...

1st Aug

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Planning conditions, obligations and the community infrastructure levy

View Planning by content type:

Latest Planning News

Approach to the breach of conditions attached to a Planning Permission (Royale Parks v SSCLG)

Court of Appeal clarifies the legal test of public nuisance to a landowner’s capacity to dedicate higher public rights to existing public rights of way (Garland v Secretary of State for Environment, Food and Rural Affairs)

Planning weekly highlights—29 July 2021

Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)

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 Planning conditions, obligations and the community infrastructure levy content

Popular documents

Breach of statutory duty

Pension commencement lump sums (PCLSs)

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Involuntary manslaughter

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