Planning conditions

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Latest Planning News

Planning weekly highlights—22 July 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—22 July 2021

Planning weekly highlights—15 July 2021

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

Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

The following Planning news provides comprehensive and up to date legal information on Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

Challenging traffic regulation orders—(experimental low traffic neighbourhood orders)—Road Traffic Regulation Act 1984; public sector equality duty and ‘due regard’ to Equality Act 2010 s149; adequacy of consultation with ‘other relevant organisations’—Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (R (oao Sheakh) v LB Lambeth)

Challenging traffic regulation orders—(experimental low traffic neighbourhood orders)—Road Traffic Regulation Act 1984; public sector equality duty and ‘due regard’ to Equality Act 2010 s149; adequacy of consultation with ‘other relevant organisations’—Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (R (oao Sheakh) v LB Lambeth)

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Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...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

Q&As

Does the principle in the case of I'm Your Man Ltd v Secretary of State for the Environment, that a planning permission is permanent unless an express temporary condition is imposed, only apply to changes of use or can it apply to a permission for operational development such as a dwelling?

Does the principle in the case of I'm Your Man Ltd v Secretary of State for the Environment, that a planning permission is permanent unless an express...

Produced in partnership with Tracy Lovejoy LLB of Lanyon Bowdler LLP 2nd Jul

Practice notes

Biodiversity net gain in England

Biodiversity net gain in EnglandWhat is biodiversity net gain?Biodiversity net gain is a principle which aims to leave the natural environment in a...

25th Jun

Brexit

In-house

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...

21st Jun

Q&As

Is it lawful for a local planning authority to impose a Grampian condition?

Is it lawful for a local planning authority to impose a Grampian condition?What are Grampian conditions?Grampian conditions are named after the...

6th Jun

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?

Can a condition on a planning permission requiring a building to be permanently removed from the land when no longer required for agricultural...

6th Jun

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 6th Jun

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...

6th Jun

Q&As

If in the period between the grant of planning permission and submission of details to discharge a pre-commencement condition, the LPA’s policy has been updated to require a financial contribution, is an LPA entitled to consider the updated policy when discharging the condition or should it consider that application against the policy which existed at the time the full planning application was made?

If in the period between the grant of planning permission and submission of details to discharge a pre-commencement condition, the LPA’s policy has...

6th Jun

Q&As

Can a planning condition or obligation prevent the implementation of a conflicting planning permission?

Can a planning condition or obligation prevent the implementation of a conflicting planning permission?It is perfectly possible for two planning...

Produced in partnership with Chris Willmore 6th Jun

Q&As

In relation to agricultural ties, to what extent does the occupier need to be engaged in employment for the purposes of the Town and Country Planning Act 1971 and Town and Country Planning Act 1990?

In relation to agricultural ties, to what extent does the occupier need to be engaged in employment for the purposes of the Town and Country Planning...

Produced in partnership with Jo Hannah of Winckworth Sherwood 6th Jun

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?

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...

Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 6th Jun

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 6th Jun

COVID-19

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 6th Jun

Q&As

Can a section 106 contribution be refunded where the development has not been completed?

Can a section 106 contribution be refunded where the development has not been completed?The question of whether a section 106 contribution would be...

6th Jun

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?

A lawful development certificate is being sought for a farm dwelling. The property is subject to a planning condition which only allows occupation of...

5th Jun

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?

Are local planning authorities required to publish drafts (rather than final signed versions) of agreements made under section 106 of the Town and...

Produced in partnership with Jo Hannah of Winckworth Sherwood 5th Jun

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?

If planning permission imposes restrictions on a licensed premises opening hours, once operational can the personal licence holder apply for a...

Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 5th Jun

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...

5th Jun

Q&As

Is it possible for someone who is not the applicant of a planning permission to apply to discharge a condition?

Is it possible for someone who is not the applicant of a planning permission to apply to discharge a condition?Procedure for discharging conditions...

5th Jun

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...

5th Jun

Planning conditions

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Latest Planning News

Planning weekly highlights—22 July 2021

Planning weekly highlights—15 July 2021

Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

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 content

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