Planning obligations

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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 obligations content

Practice notes
What are conservation covenants?As a concept, conservation covenants are private, voluntary agreements between a landowner and responsible body, such...
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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 outbreak...
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2nd Nov
Practice notes
Agreements made under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (formerly section 52 agreements), also known as 'planning...
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16th Oct
Practice notes
Contents•Context•Overview of viability in planning•National planning policy and guidance•Viability assessments in practice•Appeals•Section 106...
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Produced in partnership with Charlotte Gorst and Thomas Evans of Gerald Eve LLP 13th Oct
Q&As
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...
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Produced in partnership with Abbie Pritchard-Hooper of IBLaw 29th Sep
Q&As
Section 106 agreements are agreements between developers, landowners, and local planning authorities, seeking to address planning objections to...
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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 29th Sep
Q&As
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...
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29th Sep
Q&As
The Department for Business Innovation & Skills document, State Aid: The Basics Guide, July 2015, states:‘State aid can occur whenever state resources...
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Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 29th Sep
Q&As
As the subject matter is not certain and there is a range of opinions on the matter, we have sought guidance from our experts, including barristers,...
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Produced in partnership with Harriet Townsend of Cornerstone Barristers, Emily Knowles of Sharpe Pritchard and Sarah Fitzpatrick of Norton Rose Fulbright 29th Sep
Q&As
Planning obligations run with the land and so are enforceable against successors in title. Therefore if the planning authority acquires the land...
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29th Sep
Q&As
As set out in the Drafting Notes to Precedent s 106 agreement (see Drafting Note to clause 4), planning obligations in an agreement under section 106...
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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
A planning obligation made under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) is, by virtue of TCPA 1990, s 106(1) enforceable to...
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29th Sep
Q&As
As set out in the Drafting Notes to Precedent: Precedent s 106 agreement (see Drafting Note to clause 4), planning obligations in a section 106...
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29th Sep
Q&As
Section 106(1) of the Town and Country Planning Act 1990 (TCPA 1990) provides as follows:‘(1) Any person interested in land in the area of a local...
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Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 29th Sep

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