Planning conditions, obligations and the community infrastructure levy

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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 conditions, obligations and the community infrastructure levy content

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...

27th Nov

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...

27th Nov

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...

24th Nov

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...

24th Nov

Brexit

In-house

Practice notes

Discharging planning conditions

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

6th Nov

Practice notes

Discharging reserved matters conditions on outline planning permissions

What are reserved matters?An outline planning permission provides a decision on the general principles of how a site can be developed. Outline...

6th Nov

Practice notes

Renegotiating planning obligations/section 106 agreements

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

2nd Nov

Q&As

In what circumstances is a local authority required to repay a developer their section 106 contributions?

A section 106 agreement is a contract entered into under statutory powers pursuant to section 106 of the Town and Country Planning Act 1990. It must...

Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 21st Oct

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...

21st Oct

In-house

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...

19th Oct

Practice notes

Drafting section 106 agreements—practical advice for developers

Agreements made under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (formerly section 52 agreements), also known as 'planning...

16th Oct

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...

15th Oct

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 13th Oct

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...

13th Oct

Q&As

Are local planning authorities required to publish drafts (rather than final signed versions) of agreements made under section 106 of the Town and Country Planning Act 1990 on their planning register?

Section 96 of the Town and Country Planning Act 1990 (TCPA 1990) provides that a local planning authority (LPA) must keep a register containing such...

Produced in partnership with Joanne Hannah of Winkworth Sherwood LLP 13th Oct

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 29th Sep

Q&As

A local planning authority (LPA) cannot covenant with itself in a section 106 agreement. What is the position where the LPA is the only landowner and the County Council is also a party to the section 106 agreement? Could the County Council have an enforcing role in respect of the landowning LPA?

Where a local planning authority (LPA) seeks to secure obligations to make a proposed development acceptable in planning terms (where these...

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

Q&As

Is there a legal requirement for plans appended to an agreement made under section 106 of the Town and Country Planning Act 1990 to be either signed or sealed by all parties?

Section 106 agreements are agreements between developers, landowners, and local planning authorities, seeking to address planning objections to...

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

Q&As

What is an attestation clause and which planning documents require one?

An attestation clause is a clause stating that a document has been executed by an individual in the presence of a witness or witnesses (ie the witness...

29th Sep

Q&As