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Latest Planning News

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

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)

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 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)

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?

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 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]

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—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...
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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...
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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...
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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)...
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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...
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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...
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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)...
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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...
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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...
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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...
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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...
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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...
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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...
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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,...
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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...
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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...
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19th May

Most recent Freedom of information and environmental information content

Practice notes

Environmental Information Regulations 2004—responding to a request

Environmental Information Regulations 2004—responding to a requestWhen responding to a request for information, the first step should be to determine...
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Produced in partnership with Patrick Senior of Stephenson Harwood 31st Jul
Q&As

Is there any case law or guidance, other than the cases of Fish v Legal and Attorney-General for the Prince of Wales v the IC, as well as guidance published by the ICO, that provides further guidance as to what constitutes ‘control’ in the definition of public authority in the Environmental Information Regulations 2004, s 2(2)(d)?

Is there any case law or guidance, other than the cases of Fish v Legal and Attorney-General for the Prince of Wales v the IC, as well as guidance...
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31st Jul
Practice notes

Environmental Information Regulations 2004—what is environmental information?

Environmental Information Regulations 2004—what is environmental information?Understanding what environmental information includes is fundamental to...
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Produced in partnership with Patrick Senior of Stephenson Harwood 31st Jul
Practice notes

Access to environmental information Directive 2003/4/EC—snapshot

Access to environmental information Directive 2003/4/EC—snapshotPurpose of the AEI DirectiveTitleDirective 2003/4/EC of the European Parliament and of...
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31st Jul
Practice notes

Environmental Information Regulations 2004—issues for businesses

Environmental Information Regulations 2004—issues for businessesThe Environmental Information Regulations 2004 (EIR 2004), SI 2004/3391 poses a risk...
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Produced in partnership with Patrick Senior of Stephenson Harwood 31st Jul
Practice notes

Environmental Information Regulations 2004—exceptions

Environmental Information Regulations 2004—exceptionsThe Environmental Information Regulations 2004, SI 2004/3391 (EIR 2004) give rights of public...
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31st Jul
Practice notes

Environmental Information Regulations 2004—clarifying requests

Environmental Information Regulations 2004—clarifying requestsUpdated in partnership with Patrick Senior of Stephenson HarwoodWhere requests under the...
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30th Jul
Practice notes

Differences between Environmental Information Regulations and Freedom of Information Act

Differences between Environmental Information Regulations and Freedom of Information ActBrexit impact11 pm (GMT) on 31 December 2020 marks the end of...
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30th Jul
Practice notes

Environmental Information Regulations 2004—requesting information

Environmental Information Regulations 2004—requesting informationThis Practice Note outlines guidance for private practitioners making requests,...
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30th Jul
Practice notes

Environmental Information Regulations 2004—appeals and enforcement

Environmental Information Regulations 2004—appeals and enforcementA requestor, or more appropriately a complainant, may complain about the way a...
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Produced in partnership with Patrick Senior of Stephenson Harwood 30th Jul
Precedents

Environmental Information Regulations 2004, Data Protection Act 1998, Freedom of Information Act 2000—provision for disclosure by a local authority and requests for information

Environmental Information Regulations 2004, Data Protection Act 1998, Freedom of Information Act 2000—provision for disclosure by a local authority...
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Produced in partnership with Patrick Senior of Stephenson Harwood 30th Jul
Precedents

Environmental Information Regulations 2004—log sheet for verbal request for environmental information

Environmental Information Regulations 2004—log sheet for verbal request for environmental information1. Name of applicant[insert details]2. If the...
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Produced in partnership with Patrick Senior of Stephens Harwood 30th Jul
Precedents

Environmental Information Regulations 2004—request for environmental information

Environmental Information Regulations 2004—request for environmental information[Insert name of public authority][Insert public authority's address,...
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30th Jul
Practice notes

Freedom of information case tracker

The freedom of information case tracker records and summarises key decisions and case law rulings relating to enforcement of the Freedom of...
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13th Apr
Practice notes

Access to environmental information case tracker [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note collates and summarises notable archived decisions and case...
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9th Apr
Practice notes

Freedom of information and public contracts

The Freedom of Information Act 2000 (FIA 2000) confers a general right of access to information that is held by a public authority. By virtue of this...
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9th Apr
Practice notes

Who is subject to the freedom of information regime

The Freedom of Information Act 2000 (FIA 2000) grants a right of access to information held by public authorities. Under this right, any person making...
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9th Apr
Practice notes

Introduction to freedom of information

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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9th Apr
Practice notes

Obtaining consent for FOI disclosure from data subject [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.Scope of exemptionDisclosure of personal data under freedom of information (FOI)...
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Produced in partnership with Kim Mayo of Essex County Council 9th Apr
Practice notes

Public interest test—the chilling effect and safe space

Since the introduction of the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 (EIR 2004), SI 2004/3391, there have...
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Produced in partnership with Kim Mayo of Essex County Council 9th Apr

Popular documents

Summary assessment—statement of costs

Summary assessment—statement of costs

Summary assessment—statement of costsSummary assessment is the procedure whereby costs are assessed by the judge who has heard the case or application (see Practice Note: Summary assessment). This Practice Note considers the use of a statement of costs in summary assessment. Form N260 is a model

ECHR, art 5(4)—rights and duties

ECHR, art 5(4)—rights and duties

ECHR, art 5(4)—rights and dutiesThe scope of article 5(4) Article 5(4) of the European Convention of Human Rights (ECHR) provides that: 'Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided

Contract interpretation—express terms in contracts

Contract interpretation—express terms in contracts

Contract interpretation—express terms in contractsExpress and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made

Highways, street works and statutory undertakers

Highways, street works and statutory undertakers

Highways, street works and statutory undertakersCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the coronavirus (COVID-19) pandemic. For further information, see: Traffic Orders Procedure (Coronavirus)