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Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...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

Practice notes

Planning issues for Crown land

Planning issues for Crown landBackground to Crown’s immunity from development controlIn 1992, the government decided to progressively remove any...

3rd Aug

Q&As

What is the relevant limitation period for bringing a claim against the local authority in respect of loss or damage caused by the making of a tree preservation order?

What is the relevant limitation period for bringing a claim against the local authority in respect of loss or damage caused by the making of a tree...

Produced in partnership with Gethin Thomas of 39 Essex Chambers 1st Aug

Q&As

Under the Hedgerows Regulations 1997, SI 1997/1160, reg 6(1)(e), the removal of hedgerows is permitted where planning permission has been granted. Does this include outline planning permission?

Under the Hedgerows Regulations 1997, SI 1997/1160, reg 6(1)(e), the removal of hedgerows is permitted where planning permission has been granted....

Produced in partnership with Tracy Lovejoy LLB of Lanyon Bowdler LLP 1st Aug

Q&As

What constitutes (or is a prescribed definition of) ‘curtilage’ where pertaining to a listed building?

What constitutes (or is a prescribed definition of) ‘curtilage’ where pertaining to a listed building?The word ‘curtilage’ is used frequently in a...

Produced in partnership with James Ryan of Carbon Law 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

When considering the impact of a proposed development on the significance of a designated heritage asset, chapter 16 of the National Planning Policy Framework states that the level of harm is to be categorised as either 'substantial' or 'less than substantial'. In cases where the developer has proposed mitigation measures within their planning application, should the level of harm be determined before or after the mitigation measures have been considered by the Planning Officer?

When considering the impact of a proposed development on the significance of a designated heritage asset, chapter 16 of the National Planning Policy...

1st Aug

Q&As

Where a planning permission is granted and implemented prior to the area being designated a conservation area, but the development not completed until after the designation, is conservation area consent also required for the development approved by the planning permission?

Where a planning permission is granted and implemented prior to the area being designated a conservation area, but the development not completed until...

1st Aug

Q&As

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

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...

1st Aug

Q&As

For Grade II listed buildings, are there any restrictions or specific requirements relating to alterations or renovations to the internal parts of the building (on the assumption that none of the internal parts are specifically listed, only the exterior is listed)?

For Grade II listed buildings, are there any restrictions or specific requirements relating to alterations or renovations to the internal parts of the...

1st Aug

Q&As

What are the appropriate levels of sentencing under section 210 of the Town and Country Planning Act 1990?

What are the appropriate levels of sentencing under section 210 of the Town and Country Planning Act 1990?In determining the amount of any fine to be...

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 local authority bring an action for statutory nuisance against a landowner who refuses to take remedial action to address a dangerous tree close to a public place?

Can a local authority bring an action for statutory nuisance against a landowner who refuses to take remedial action to address a dangerous tree close...

1st Aug

Q&As

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

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...

1st Aug

Q&As

What procedure must be followed when designating a conservation area, and at what stage does a proposal for a conservation area become a local land charge?

What procedure must be followed when designating a conservation area, and at what stage does a proposal for a conservation area become a local land...

1st Aug

Q&As

Does being in a nitrate pollution zone have an effect on development prospects of the land?

Does being in a nitrate pollution zone have an effect on development prospects of the land?Research for this Q&A is limited to cover England and...

1st Aug

Q&As

What are the timescales for bringing a prosecution for the contravention of a tree preservation order under section 210 of the Town and Country Planning Act 1990?

What are the timescales for bringing a prosecution for the contravention of a tree preservation order under section 210 of the Town and Country...

1st Aug

Q&As

Advice is required for a client who wishes to enforce a restrictive covenant in respect of his neighbour’s land. The covenant provides that owners of the neighbour’s land cannot construct any fence nor allow any hedge or other plants to grow above a height of 2m. The neighbour has planted trees which are over 2m in height and argues that this is not in breach of the covenant because they are trees (and not plants or hedges) and it is not a restrictive covenant but a positive one.

Advice is required for a client who wishes to enforce a restrictive covenant in respect of his neighbour’s land. The covenant provides that owners of...

31st Jul

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?

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...

31st Jul

Practice notes

Sites of Special Scientific Interest (SSSIs)

Sites of Special Scientific Interest (SSSIs)What is a Site of Special Scientific Interest?Sites of Special Scientific Interest (SSSIs) give legal...

31st Jul

Heritage and conservation

View Planning by content type:

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 Heritage and conservation content

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Rescission of a contract

179. List of offences triable either way.

Joint, several, and joint and several liability

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