Heritage and conservation

View Planning by content type:

Practice notes

Precedents

Q&As

Featured Planning content

Energy performance certificates (EPCs)—what are they and when are they required?

Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures

Permitted development in England

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

Planning obligations—key points

This Practice Note should be read in conjunction with Practice Notes: The statutory test for section 106 agreements and interaction with Community

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

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 20th Oct

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...

15th Oct

Practice notes

Compulsory purchase—procedure

STOP PRESS: On 13 October 2020, the Welsh Government announced changes to the Planning Policy Wales and updated Circular guidance pursuant to...

15th Oct

Practice notes

Amending a planning permission, retrospective planning permission and revocation of planning permission

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

13th Oct

Practice notes

Implementing planning permission

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

2nd Oct

Practice notes

Public rights of way

Public rights of way (PROW) are highways that allow the public a legal right of passage. They have the same status and protection in law as highways...

29th Sep

Practice notes

Overriding easements and other rights

IntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining...

26th Sep

Practice notes

Operation of the Use Classes Order in Wales

The making of 'any material change in the use of any buildings or other land’ is ‘development’ for the purposes of section 55 of the Town and Country...

26th Sep

Practice notes

Determining planning applications—procedure

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

26th Sep

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...

26th Sep

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...

25th Sep

Practice notes

Powers to stop up and divert highways and footpaths

PurposeHighways can be stopped up if the area of highway is no longer needed, or when the land is needed for a development to take place. When a road...

25th Sep

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...

25th Sep

Practice notes

Works to trees, tree preservation orders and trees in conservation areas

Works to treesGenerally, work to trees does not constitute development under section 55 of the Town and Country Planning Act 1990 (TCPA 1990) so that...

25th Sep

Practice notes

Highways—adoption agreements

Powers to adoptThe Highways Act 1980 (HiA 1980) gives highway authorities the power to adopt new highways by agreement, places a duty on highway...

25th Sep

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...

25th Sep

Most recent Heritage and conservation content

Practice notes

Conservation areas

Conservation areas are parts of localities designated under the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990) as areas...

25th Sep

Practice notes

Planning issues in demolition

Planning permission—does demolition count as 'development'?Under section 55(1) of the Town and Country Planning Act 1990 (TCPA 1990), planning...

25th Sep

Practice notes

Works to trees, tree preservation orders and trees in conservation areas

Works to treesGenerally, work to trees does not constitute development under section 55 of the Town and Country Planning Act 1990 (TCPA 1990) so that...

25th Sep

Practice notes

Planning issues for Crown land

Background to Crown’s immunity from development controlIn 1992, the government decided to progressively remove any immunities protecting government...

25th Sep

Practice notes

Local Listed Building Consent Orders and Listed Building Consent Orders

What is a Local Listed Building Consent Order?Local Listed Building Consent Orders (LLBCOs) are made by local planning authorities (LPAs) and grant...

25th Sep

Practice notes

High hedges

Complaints that local authorities can considerLocal authorities can only consider a complaint if:•it relates to a ‘high hedge’ as defined in the...

25th Sep

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...

25th Sep

Practice notes

Listed building heritage partnership agreements

What is a Listed Building Heritage Partnership Agreement?A Listed Building Heritage Partnership Agreement (HPA) is a non-statutory agreement between a...

25th Sep

Practice notes

Certificates of lawfulness of proposed works to a listed building

A certificate of lawfulness of proposed works under section 26H of the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990)...

25th Sep

Practice notes

Scheduled monuments

What is a scheduled monument?A scheduled monument is a 'nationally important' archaeological site or historic building, which is protected against...

26th Sep

Practice notes

Sites of Special Scientific Interest (SSSIs)

What is a Site of Special Scientific Interest?Sites of Special Scientific Interest (SSSIs) give legal protection to the best sites for wildlife and...

26th Sep

Practice notes

Heritage issues in determining planning applications

Statutory duty to consider heritage impacts in determining planning applicationsSection 66 of the Planning (Listed Buildings and Conservation Areas)...

26th Sep

Practice notes

Areas of outstanding natural beauty

What are AONBs?Areas of outstanding natural beauty (AONBs) are areas of countryside in England and Wales outside national parks which are designated...

26th Sep

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...

26th Sep

Q&As

How should the Natural Environment and Rural Communities Act 2006, section 7 management agreements be used? Can Natural England impose such an agreement on a landowner or occupier? Can these agreement be used on any land or only land designated as a site of special scientific interest? How do these agreements work alongside a Wildlife and Countryside Act 1981, s 28J management scheme?

Section 7(1) of the Natural Environment and Rural Communities Act 2006 (NERCA 2006) states:‘Natural England may make an agreement (a management...

28th Sep

Q&As

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 action may be taken for a breach of planning control are contained in section 171B of the Town and...

28th Sep

Q&As

Will a tree preservation order (TPO) override a planning permission if the TPO is made after the planning permission has been granted? What if the TPO is made after the grant of outline planning permission?

Anyone wanting to cut down, top, lop or uproot trees subject to a tree preservation order (TPO) must first apply to the local planning authority (LPA)...

28th Sep

Q&As

Is the default position on listed buildings such that a listing always applies to both the interior and exterior of the building?

The main purpose of listing is to protect a building and its surroundings from changes which materially alter the importance of the building or its...

28th Sep

Q&As

Is there any limitation period beyond which breach of a Tree Preservation Order cannot be enforced?

The time limits for prosecuting a breach of a Tree Preservation Order (TPO) are set out in section 210(4A) and (4B) of the Town and Country Planning...

28th Sep

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?

In summary, criminal liability is strict for breach of a tree preservation order (TPO), but this does not pass to successors. However, be careful to...

Produced in partnership with Alastair Frew of Lodders Solicitors 28th Sep