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Latest Planning News

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

Planning weekly highlights—1 April 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—1 April 2021

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 Enforcement content

Practice notes

Enforcement notice appeals and challenges

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

12th Apr

Practice notes

Lawful development certificates

What is a lawful development certificate?A lawful development certificate (LDC) is a certificate issued by a local planning authority (LPA) under...

12th Apr

Q&As

What can a landowner do to challenge an enforcement notice issued in respect of a breach of planning? Can they take the authority to court?

Enforcement noticesAppealing against an enforcement noticeAny person who has an interest in the land to which an enforcement notice relates, or who is...

9th Apr

Practice notes

Substantial completion and planning enforcement

GuidanceGuidance on enforcement in respect of breaches of planning control is set out in:•Planning Practice Guidance (PPG) in England, and•Development...

8th Apr

Practice notes

Planning—enforcement

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

8th Apr

Practice notes

Conservation area enforcement and criminal liability regime

This Practice Note explains the offences which may be committed under either the Town and Country Planning Act 1990 (TCPA 1990) or the Planning...

8th Apr

Practice notes

Enforcement of planning obligations

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

8th Apr

Practice notes

Failure to comply with planning enforcement—criminal liability and direct action

Under the Town and Country Planning Act 1990 (TCPA 1990), a breach of planning control is subject to enforcement action. For these purposes, a breach...

8th Apr

Practice notes

Deliberate concealment of planning breaches

Overview of enforcement time limitsSection 171B of the Town and Country Planning Act 1990 (TCPA 1990) sets out time limits, after which no enforcement...

8th Apr

Practice notes

Injunction restraining breach of planning control

For the purposes of the Town and Country Planning Act 1990 (TCPA 1990), a breach of planning control is subject to enforcement action. For these...

8th Apr

Practice notes

Dangerous buildings and structures

Powers of the local authorityThe local authority has powers to deal with dangerous buildings under a number of statutes:•section 77 of the Building...

8th Apr

Practice notes

Types of planning enforcement

Where it appears to a local planning authority (LPA) that a breach of planning control has occurred, it has discretion to take enforcement action...

8th Apr

Practice notes

Listed buildings enforcement and criminal liability regime

There are three ways in which a local planning authority (LPA) may take enforcement action against unauthorised works, or potential/impending future...

8th Apr

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...

8th Apr

Q&As

What is the time limit to bring a prosecution in respect of non-compliance with an improvement notice under section 30 of the Housing Act 2004 and when does the time limit start to run?

We have assumed that this relates to an offence under section 30(1) of the Housing Act 2004.Where an improvement notice served under Part 1 of the...

6th Apr

Q&As

Section 180 of the Town and Country Planning Act 1990 provides that where, after service of an enforcement notice, planning permission is granted for any development carried out before the grant of that permission, the notice shall cease to have effect so far as inconsistent with that permission. Does this provision operate if permission is granted for development which has not yet been carried out, but which development would be inconsistent with the terms of a planning enforcement notice when complete?

Section 180 of the Town and Country Planning Act 1990 (TCPA 1990) is in the following terms:‘…180 Effect of planning permission, etc, on enforcement...

Produced in partnership with Constanze Bell of Kings Chambers 22nd Jan

Q&As

Who can one appeal to/contact if a local authority fails to take action after it has been reported to them that trees protected by a tree preservation order and conservation area have been felled?

Enforcement of TPOs and offencesAuthorities have a range of enforcement powers to deal with breaches of planning control in relation to Tree...

22nd Jan

Q&As

Do the directors and shareholders of a dormant private limited company limited by shares have any personal liability if part of a property owned by the company falls off and injures a pedestrian?

This Q&A raises two issues, first, to what extent shareholders and directors can be personally liable for the liabilities incurred by a corporate...

22nd Jan

Q&As

Where a planning enforcement notice is withdrawn, what date does the immunity period for a subsequent breach start—from the date of the original breach or the date of the withdrawal notice?

Under section 171B of the Town and Country Planning Act 1990 (TCPA 1990), development becomes immune from enforcement if no action is taken:•within...

22nd Jan

Q&As

What is the date of compliance with a breach of condition notice that has been unsuccessfully challenged by way of Judicial Review?

Breach of condition noticesThe Town and Country Planning Act 1990 (TCPA 1990) makes provision with regards to planning law. When planning permission...

Produced in partnership with Alexander Campbell of Field Court Chambers 22nd Jan