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Section 106 insights—part three—common obligations and common pitfalls, particularly agreed carbon targets and contributions, employment and training obligations, and Grampian obligations

Section 106 insights—part three—common obligations and common pitfalls, particularly agreed carbon targets and contributions, employment and training obligations, and Grampian obligations

Section 106 insights—part three—common obligations and common pitfalls, particularly agreed carbon targets and contributions, employment and training obligations, and Grampian obligations

Retained EU law—a guide for the perplexed

Retained EU law—a guide for the perplexed

The following Banking & Finance news provides comprehensive and up to date legal information on Retained EU law—a guide for the perplexed

Challenges to the validity of retained EU law

Challenges to the validity of retained EU law

The following Corporate Crime news provides comprehensive and up to date legal information on Challenges to the validity of retained EU law

Lexis®PSL Planning monthly highlights—September 2015

Lexis®PSL Planning monthly highlights—September 2015

The following Planning news provides comprehensive and up to date legal information on Lexis®PSL Planning monthly highlights—September 2015

Featured Planning content

Declaratory relief of planning decisions

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...

Grounds of appeal—introducing new evidence

Grounds of appeal—introducing new evidence

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

Planning conditions—the six tests

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...

Section 215 notice requiring maintenance of land

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...

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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9th Nov
Practice notes

Judicial review time limits—extensions and urgent cases

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 12th Jan
Practice notes

Costs for judicial review—general principles

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 12th Jan
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...
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9th Nov
Practice notes

Oversailing

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

Introduction to retained EU law

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
tag iconBrexit
Practice notes

Defining the planning unit

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

Permission to appeal—the application

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

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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9th Nov
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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9th Nov
Practice notes

Overview of the EU legal system

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 12th Jan
tag iconBrexit
Practice notes

Presumption in favour of sustainable development

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

Local Development Orders

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

Purchase notices

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

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 12th Jan

Most recent Heritage and conservation content

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)...
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15th Jan
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...
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15th Jan
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)...
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15th Jan
Practice notes

Listed building regime and listed building consent

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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15th Jan
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...
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15th Jan
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...
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15th Jan
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...
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15th Jan
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...
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15th Jan
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...
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15th Jan
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...
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15th Jan
Practice notes

Protected hedges and hedgerows

What hedgerows are protected?Certain hedgerows are protected by the Hedgerows Regulations 1997, SI 1997/1160 (HR 1997), enacted under the Environment...
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15th Jan
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...
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15th Jan
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...
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15th Jan
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...
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15th Jan
Practice notes

World Heritage Sites

Importance of World Heritage Sites (WHSs)The government is a signatory of the World Heritage Convention, which was established by UNESCO and which...
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Produced in partnership with Stephen Morgan of Landmark Chambers 15th Jan
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...
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15th Jan
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...
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Produced in partnership with Martha Grekos of Martha Grekos Consultancy Limited 15th Jan
Q&As

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

The word ‘curtilage’ is used frequently in a planning context. It appears in legislation, and its meaning has challenged many practitioners, as well...
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Produced in partnership with James Ryan of Carbon Law 8th Jan
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?

OverviewUnder section 198 of the Town and Country Planning Act 1990, local planning authorities (LPAs) may if ‘expedient in the interests of amenity...
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Produced in partnership with Gethin Thomas of 39 Essex Chambers 8th Jan
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...
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Produced in partnership with Alastair Frew of Lodders Solicitors 8th Jan

Popular documents

LEXISNEXIS

Conditions precedent in commercial contracts

This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a

LEXISNEXIS

Overreaching—sales by trustees of land

Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal

LEXISNEXIS

Letter to client on disclosure obligations under CPR 31

This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on

LEXISNEXIS

Breach of statutory duty

This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of