Planning conditions

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Practice notes
Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...
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9th Nov
Practice notes
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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov
Practice notes
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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov
Practice notes
Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...
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9th Nov
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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9th Nov
Practice notes
This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...
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9th Nov
Practice notes
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:...
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9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...
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9th Nov
Practice notes
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...
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Produced in partnership with Laura Bolado 9th Nov
Practice notes
Policy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published on 27 March 2012, taking immediate effect. It...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
What is a purchase notice?The purchase notice procedure provides landowners with a means of having land acquired by a local planning authority (LPA)...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
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Produced in partnership with Stephen Morgan of Landmark Chambers 9th Nov

Most recent Planning conditions content

Practice notes
What is biodiversity net gain?Biodiversity net gain is a principle which aims to leave the natural environment in a measurably better state after...
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24th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...
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6th Nov
Practice notes
What are reserved matters?An outline planning permission provides a decision on the general principles of how a site can be developed. Outline...
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6th Nov
Q&As
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...
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Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 21st Oct
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...
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21st Oct
Practice notes
Interpreting planning permission post Trump and AshfordInterpreting planning permission by reference to application documents and extrinsic...
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19th Oct
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...
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13th Oct
Q&As
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...
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Produced in partnership with Joanne Hannah of Winkworth Sherwood LLP 13th Oct
Q&As
Where a local planning authority (LPA) seeks to secure obligations to make a proposed development acceptable in planning terms (where these...
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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 29th Sep
Q&As
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...
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29th Sep
Q&As
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...
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Produced in partnership with James Ryan of Carbon Law 29th Sep
Q&As
Paragraph 55 of the National Planning Policy Framework sets out six tests which must all be satisfied when the local planning authority (LPA) decides...
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29th Sep
Q&As
Procedure for discharging conditions under DMPOThe procedure for applications made under a planning condition is set out in Article 27 of the Town and...
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29th Sep
Q&As
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...
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Produced in partnership with Chris Willmore 29th Sep
Q&As
Information on the discharge of planning conditions can be found in Practice Note: Planning conditions—key points.There is no prescribed form of...
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29th Sep
Q&As
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...
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Produced in partnership with Joanne Hannah of Winkworth Sherwood LLP 29th Sep
Q&As
It is still relatively common to see planning conditions attached to planning permissions which include a 'tailpiece'—ie the words 'unless otherwise...
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Produced in partnership with Jamie Mckie of Dentons 29th Sep

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