Planning conditions

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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 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...

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

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

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

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

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

The question of whether a section 106 contribution would be refundable in the event of non-completion will depend on the wording of the s 106...

29th Sep

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 29th Sep

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...

29th Sep

Q&As

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

Procedure for discharging conditions under DMPOThe procedure for applications made under a planning condition is set out in Article 27 of the Town and...

29th Sep

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...

29th Sep

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 29th Sep

Q&As

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

It is perfectly possible for two planning consents to be issued that are not mutually consistent.This may be by reason of a condition, obligation or...

Produced in partnership with Chris Willmore 29th Sep

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...

29th Sep

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 answering this Q&A, we have assumed the condition in question is an agricultural occupancy condition imposed on a dwelling house before the Town...

Produced in partnership with Joanne Hannah of Winkworth Sherwood LLP 29th Sep

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 29th Sep

Q&As

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

It is still relatively common to see planning conditions attached to planning permissions which include a 'tailpiece'—ie the words 'unless otherwise...

Produced in partnership with Jamie Mckie of Dentons 29th Sep

Planning conditions

View Planning by content type:

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

Popular documents

Money laundering offences—tipping off and prejudicing an investigation

Joint, several, and joint and several liability

Fiduciary Duties

Constructive trusts

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