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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

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

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

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...

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...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov

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...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov

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...

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....

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...

9th Nov

Brexit

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:...

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...

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...

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...

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...

Produced in partnership with Laura Bolado 9th Nov

Brexit

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...

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...

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)...

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...

Produced in partnership with Stephen Morgan of Landmark Chambers 9th Nov

Most recent Listed Buildings content

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?

Paragraphs 189–192 of chapter 16 of the National Planning Policy Framework (NPPF) are entitled 'Proposals affecting heritage assets' and paragraphs...

3rd Nov

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...

16th Oct

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...

Produced in partnership with James Ryan of Carbon Law 29th Sep

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)?

Section 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990) provides that listed building consent must be obtained to...

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

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

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

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

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

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