Planning, listed building and conservation area enforcement

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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, listed building and conservation area enforcement content

Practice notes
Where it appears to a local planning authority (LPA) that a breach of planning control has occurred, it has discretion to take enforcement action...
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24th Nov
Practice notes
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...
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24th Nov
Q&As
The answer to this question is found within the statutory scheme for planning control largely contained within the Town and Country Planning Act 1990...
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Produced in partnership with Harriet Townsend of Cornerstone Barristers 18th 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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21st Oct
Q&As
Breach of condition notices are governed by section 187A of the Town and Country Planning Act 1990 (TCPA 1990). TCPA 1990, s 187A applies where...
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29th Sep
Q&As
The procedural legal requirements relating to enforcement notices (ENs) are set out in sections 172 and 173 of the Town and Country Planning Act 1990...
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29th Sep
Q&As
It is assumed that the site subject to enforcement is owned by the landlord but let to a tenant occupier with an interest in the land.If an...
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Produced in partnership with Harriet Townsend of Cornerstone Barristers 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
Enforcement of TPOs and offencesAuthorities have a range of enforcement powers to deal with breaches of planning control in relation to Tree...
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29th Sep
Q&As
A temporary stop notice is regulated by sections 171E–171H of the Town and Country Planning Act 1990 (TCPA 1990). TCPA 1990, s 171E(7)(c) expressly...
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29th Sep
Q&As
For the purposes of this Q&A we have assumed this refers to the ability of a local planning authority (LPA) under section 178(1) of the Town and...
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29th Sep
Q&As
A certificate of lawfulness of existing use or development (CLEUD) under section 191 of the Town and Country Planning Act 1990 (TCPA 1990) cannot be...
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Produced in partnership with Kevin Leigh of No 5 Chambers 29th Sep
Q&As
A certificate of lawfulness of existing use can be applied for under section 191 of the Town and Country Planning Act 1990 (TCPA 1990) if a person...
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29th Sep
Q&As
An agricultural restriction (otherwise known as an agricultural tie) is a condition imposed by a local planning authority (LPA), when granting...
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29th Sep
Q&As
Breach of condition noticesThe Town and Country Planning Act 1990 (TCPA 1990) makes provision with regards to planning law. When planning permission...
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Produced in partnership with Alexander Campbell of Field Court Chambers 28th Sep
Q&As
Enforcement noticesAppealing against an enforcement noticeAny person who has an interest in the land to which an enforcement notice relates, or who is...
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28th Sep
Q&As
Section 187B of the Town and Country Planning Act 1990 (TCPA 1990) states that:‘[187B Injunctions restraining breaches of planning control][(1) Where...
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28th Sep
Q&As
Under the Town and Country Planning Act 1990 (TCPA 1990), a breach of planning control is subject to enforcement action. Such a breach can include...
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28th Sep

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