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Latest Planning News

Planning weekly highlights—15 April 2021

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

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

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 content

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 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

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

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

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

Q&As

If there is a planning condition which requires 'no development unless...', eg a works programme or details of materials to be used etc, and these are not provided or met, but the permission is implemented and the development occupied, would this invalidate the original permission?

See Practice Note: Keeping planning permission alive which makes reference to other issues relevant to Planning Conditions and...

Produced in partnership with David Brammer 8th Mar

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...

2nd Mar

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...

1st Mar

Q&As

If planning permission imposes restrictions on a licensed premises opening hours, once operational can the personal licence holder apply for a Temporary Events Notice (TEN) to open for longer hours than those permitted in the planning permission?

To use any property for a licensable activity both planning and licensing need to be considered. Planning and licensing are entirely separate...

Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 13th Feb

Q&As

It was recently asked whether it is legally possible to make an application under section 73 of the Town and Country Planning Act 1990 to the Local Planning Authority, in order to vary a section 73 permission, and a response was received which concluded that there is nothing wrong in principle (or uncommon) in seeking further changes under successive section 73 applications. Does it therefore mean that development descriptions to section 73 applications/permissions should follow the principles in Finney, namely, that the inclusion of specific information (such as a date, and reference to the condition being varied) means it would not be possible to subsequently alter these details under a further section 73 application in the future?

The Court of Appeal case of Finney v Welsh Minsters established that section 73 of the Town and Country Planning Act 1990 (TCPA 1990) cannot be...

Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 12th Feb

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?)

The power to impose conditions on the grant of planning permission is provided by section 72 of the Town and Country Planning Act 1990. Conditions...

Produced in partnership with Kevin Leigh of No 5 Chambers 22nd Jan

Q&As

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

Information on the discharge of planning conditions can be found in Practice Note: Planning conditions—key points.There is no prescribed form of...

22nd Jan

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?

The planning application making reference to the development of some social housing within the scheme does not mean that the council is obliged to...

Produced in partnership with Abigail Pritchard-Hooper of Lanyon Bowdler 22nd Jan

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?

Section 106 agreements (section 106 of the Town and Country Planning Act 1990 (TCPA 1990)) enable those with an interest in land to ‘by agreement or...

Produced in partnership with James Ryan of Carbon Law 22nd Jan

COVID-19

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?

Paragraph 55 of the National Planning Policy Framework sets out six tests which must all be satisfied when the local planning authority (LPA) decides...

22nd Jan

Q&As

Can a condition on a planning permission requiring a building to be permanently removed from the land when no longer required for agricultural purposes be lawful? If a breach of condition notice is served what grounds are available for a judicial review?

Whether a planning condition is lawful or not will depend on the circumstances of the case and the local planning authority (LPA)’s reasons for...

22nd Jan

Q&As

A lawful development certificate is being sought for a farm dwelling. The property is subject to a planning condition which only allows occupation of the dwelling to a person solely, mainly or last employed in the locality in agriculture. The applicant has lived in the dwelling for over 15 years. The applicant (as the co-owner of the farming enterprise) has employed a farm worker to run the farming operations and has confirmed that he has not been involved with farming activities. The source of the applicant’s current income is unknown but the applicant has confirmed that no income has been derived from the farming operations or by him from any other agriculture or forestry in the last ten years. Would this constitute a breach of the planning condition? Is there any case law on the words ‘solely, mainly or last employed in the locality in agriculture’? As a co-owner of the farming enterprise would this satisfy the planning condition?

Section 171B of the Town and Country Planning Act 1990 states that a breach in a planning condition achieves immunity from enforcement action after...

22nd Jan

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?

For the purposes of this answer it is assumed that reserved matters are reserved. Outline and reserved matters conditions vary widely and...

Produced in partnership with Tracy Lovejoy of Lanyon Bowdler 22nd Jan

Q&As

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 situation where a pre-commencement condition attached to a planning permission stipulating that the local authority must...

22nd Jan

Planning conditions

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Latest Planning News

Planning weekly highlights—15 April 2021

New temporary permitted development rights in Wales to support economic recovery

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

Featured Planning content

Declaratory relief of planning decisions

Grounds of appeal—introducing new evidence

Planning conditions—the six tests

Section 215 notice requiring maintenance of land

Most recent Planning conditions content

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Drafting the particulars of claim and reply

Community order requirements

Codicils

Letter to client on disclosure obligations under CPR 31

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