Environmental impact assessment

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Planning weekly highlights—16 September 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—16 September 2021

Actual use required for ten years immunity material change of use (Hedges v SoSHCLG)

The following Local Government news provides comprehensive and up to date legal information on Actual use required for ten years immunity material change of use (Hedges v SoSHCLG)

New remedies in judicial review cases—implications for planning

The following Local Government news provides comprehensive and up to date legal information on New remedies in judicial review cases—implications for planning

Planning weekly highlights—9 September 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—9 September 2021

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Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...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

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

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

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 Environmental impact assessment content

Practice notes

Environmental Impact Assessment Directives—snapshot

Environmental Impact Assessment Directives—snapshotTitleCouncil Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain...

11th Aug

Q&As

Is it possible to enter into a deed under section 106 of the Town and Country Planning Act 1990 for development carried out under permitted development rights, in a scenario the development would not be a permitted development because of the need for an Environmental Impact Assessment (EIA), but if mitigation put forward in a s 106 deed could be secured, no EIA would be required?

Is it possible to enter into a deed under section 106 of the Town and Country Planning Act 1990 for development carried out under permitted...

10th Aug

Q&As

What is the period to judicially review a negative EIA screening decision in the context of section 36c variations under the Electricity Act 1989 or applications for nationally significant infrastructure projects under the Planning Act 2008?

What is the period to judicially review a negative EIA screening decision in the context of section 36c variations under the Electricity Act 1989 or...

10th Aug

Practice notes

Preparing an environmental statement

Preparing an environmental statementContextEnvironmental impact assessment (EIA) is an assessment of a project’s likely significant environmental...

10th Aug

Practice notes

Procedural requirements for environmental statements and decisions on EIA applications

Procedural requirements for environmental statements and decisions on EIA applicationsCoronavirus (COVID-19): This Practice Note contains guidance on...

10th Aug

Practice notes

The duty to give reasons for planning decisions

The duty to give reasons for planning decisionsCircumstances in which the duty to give reasons for planning decisions arisesIn 2013, the duty to give...

9th Aug

Practice notes