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Approach to the breach of conditions attached to a Planning Permission (Royale Parks v SSCLG)

The following Local Government news provides comprehensive and up to date legal information on Approach to the breach of conditions attached to a Planning Permission (Royale Parks v SSCLG)

Court of Appeal clarifies the legal test of public nuisance to a landowner’s capacity to dedicate higher public rights to existing public rights of way (Garland v Secretary of State for Environment, Food and Rural Affairs)

Court of Appeal clarifies the legal test of public nuisance to a landowner’s capacity to dedicate higher public rights to existing public rights of way (Garland v Secretary of State for Environment, Food and Rural Affairs)

Planning weekly highlights—29 July 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—29 July 2021

Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)

The following Local Government news provides comprehensive and up to date legal information on Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)

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Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...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

Q&As

What means are there to challenge the 'reasonable costs' claimed by an LPA under section 178 of the Town and Country Planning Act 1990?

What means are there to challenge the 'reasonable costs' claimed by an LPA under section 178 of the Town and Country Planning Act 1990?For the...

1st Aug

Q&As

In which court do you apply for an injunction under section 187B of the Town and Country Planning Act 1990?

In which court do you apply for an injunction under section 187B of the Town and Country Planning Act 1990?Section 187B of the Town and Country...

1st Aug

Q&As

When acquiring a property where the seller is unable to provide any planning permission for the use, but the property has been occupied for a number of years, is there a set amount of years that continued use would amount to an authorised use?

When acquiring a property where the seller is unable to provide any planning permission for the use, but the property has been occupied for a number...

1st Aug

Q&As

Can an application for a certificate of lawfulness for existing use be made in relation to a use which was previously unauthorised, but is now authorised pursuant to a retrospective planning permission?

Can an application for a certificate of lawfulness for existing use be made in relation to a use which was previously unauthorised, but is now...

1st Aug

Q&As

How can an agricultural tie be lifted? And if it is done so by an application for a certificate of lawfulness, what are the requirements?

How can an agricultural tie be lifted? And if it is done so by an application for a certificate of lawfulness, what are the requirements?An...

1st Aug

Q&As

Retrospective planning permission has been granted for a gate (at the front of a dwelling) that was built in contravention of a lease and of planning requirements, but the gate is now the subject of an injunction obtained by the landlord for its removal or demolition. Does the removal or demolition of the gate require planning permission and, if so, does the injunction override that requirement?

Retrospective planning permission has been granted for a gate (at the front of a dwelling) that was built in contravention of a lease and of planning...

1st Aug

Q&As

If a defendant, in criminal proceedings, raises as an issue whether the steps required to be taken by an enforcement notice were 'impossible', is it right to say that this defence is precluded by section 285(1) of the Town and Country Planning Act 1990?

If a defendant, in criminal proceedings, raises as an issue whether the steps required to be taken by an enforcement notice were 'impossible', is it...

1st Aug

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?

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...

1st Aug

Q&As

A person intends to buy a property subject to a tree preservation order (TPO) relating to two beech trees. Those trees are not evident at the property and the seller has not removed them. Can a successor in title be prosecuted for breach of the TPO simply for the fact the trees have been removed without permission by a predecessor in title?

A person intends to buy a property subject to a tree preservation order (TPO) relating to two beech trees. Those trees are not evident at the property...

Produced in partnership with Alastair Frew of Lodders Solicitors 1st Aug

Q&As

What is the planning position for a building within an enterprise zone established under the Thatcher government? Would a business premises built without planning permission in an enterprise zone have breached planning requirements?

What is the planning position for a building within an enterprise zone established under the Thatcher government? Would a business premises built...

1st Aug

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 provides that where, after service of an enforcement notice, planning permission is granted for...

Produced in partnership with Constanze Bell of Kings Chambers 1st Aug

Q&As

If an enforcement notice is served on both the tenant and landlord and this is not appealed or complied with, who will be liable to be prosecuted?

If an enforcement notice is served on both the tenant and landlord and this is not appealed or complied with, who will be liable to be prosecuted?It...

Produced in partnership with Harriet Townsend of Cornerstone Barristers 1st Aug

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?

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

1st Aug

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?

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...

1st Aug

Q&As

What are the implications of a local authority serving a section 215 notice (under the Town and Country Planning Act 1990) to require the proper maintenance of a property? Can the local authority carry out the remedial work and then seek to recover the cost as a land charge?

What are the implications of a local authority serving a section 215 notice (under the Town and Country Planning Act 1990) to require the proper...

1st Aug

Q&As

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

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...

Produced in partnership with Alexander Campbell of Field Court Chambers 1st Aug

Q&As

What planning enforcement action may be taken against a shipping container placed in a residential garden? Could a notice under section 215 of the Town and Country Planning Act 1990, or an enforcement notice under section 172, be used for this purpose?

What planning enforcement action may be taken against a shipping container placed in a residential garden? Could a notice under section 215 of the...

1st Aug

Q&As

Is there a time limit on enforcement action for unauthorised works to a property in a conservation area?

Is there a time limit on enforcement action for unauthorised works to a property in a conservation area?The usual time limits within which enforcement...

1st Aug

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...

1st Aug

Q&As

Is it a legal requirement to produce a delegated decision report when issuing a planning enforcement notice?

Is it a legal requirement to produce a delegated decision report when issuing a planning enforcement notice?The procedural legal requirements relating...

1st Aug

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Enforcement

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Latest Planning News

Approach to the breach of conditions attached to a Planning Permission (Royale Parks v SSCLG)

Court of Appeal clarifies the legal test of public nuisance to a landowner’s capacity to dedicate higher public rights to existing public rights of way (Garland v Secretary of State for Environment, Food and Rural Affairs)

Planning weekly highlights—29 July 2021

Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)

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 Enforcement content

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