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Latest Planning News

Planning weekly highlights—22 July 2021

Planning weekly highlights—22 July 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—22 July 2021

Planning weekly highlights—15 July 2021

Planning weekly highlights—15 July 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—15 July 2021

Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

The following Planning news provides comprehensive and up to date legal information on Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

Challenging traffic regulation orders—(experimental low traffic neighbourhood orders)—Road Traffic Regulation Act 1984; public sector equality duty and ‘due regard’ to Equality Act 2010 s149; adequacy of consultation with ‘other relevant organisations’—Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (R (oao Sheakh) v LB Lambeth)

Challenging traffic regulation orders—(experimental low traffic neighbourhood orders)—Road Traffic Regulation Act 1984; public sector equality duty and ‘due regard’ to Equality Act 2010 s149; adequacy of consultation with ‘other relevant organisations’—Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (R (oao Sheakh) v LB Lambeth)

Challenging traffic regulation orders—(experimental low traffic neighbourhood orders)—Road Traffic Regulation Act 1984; public sector equality duty and ‘due regard’ to Equality Act 2010 s149; adequacy of consultation with ‘other relevant organisations’—Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (R (oao Sheakh) v LB Lambeth)

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 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?

When considering the impact of a proposed development on the significance of a designated heritage asset, chapter 16 of the National Planning Policy...
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5th Jun
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...
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5th Jun
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...
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5th Jun
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...
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Produced in partnership with James Ryan of Carbon Law 5th Jun
Practice notes

Listed buildings enforcement and criminal liability regime

Listed buildings enforcement and criminal liability regimeThere are three ways in which a local planning authority (LPA) may take enforcement action...
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5th Jun
Practice notes

Listed building regime and listed building consent

Listed building regime and listed building consentCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the...
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5th Jun
Practice notes

Listed building heritage partnership agreements

Listed building heritage partnership agreementsWhat is a Listed Building Heritage Partnership Agreement?A Listed Building Heritage Partnership...
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5th Jun
Practice notes

Certificates of lawfulness of proposed works to a listed building

Certificates of lawfulness of proposed works to a listed buildingA certificate of lawfulness of proposed works under section 26H of the Planning...
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5th Jun
Practice notes

Local Listed Building Consent Orders and Listed Building Consent Orders

Local Listed Building Consent Orders and Listed Building Consent OrdersWhat is a Local Listed Building Consent Order?Local Listed Building Consent...
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5th Jun
Practice notes

Heritage issues in determining planning applications

Heritage issues in determining planning applicationsStatutory duty to consider heritage impacts in determining planning applicationsSection 66 of the...
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5th Jun

Popular documents

179. List of offences triable either way.

179. List of offences triable either way.

Without prejudice to any other enactment by virtue of which any offence is triable either way1, the following offences are triable either way2: (1)     offences at common law of public nuisance3; (2)     an offence at common law of outraging public decency4; (3)     administering an oath etc

Pension commencement lump sums (PCLSs)

Pension commencement lump sums (PCLSs)

Pension commencement lump sums (PCLSs)When a member of a pension scheme becomes entitled to receive their scheme benefits, they can usually take part as a tax-free lump sum. HMRC calls this a ‘pension commencement lump sum’ (PCLS). Taking a lump sum is usually at the option of the member who will

SRA Code of Conduct for individuals and firms

SRA Code of Conduct for individuals and firms

SRA Code of Conduct for individuals and firmsThis Practice Note provides guidance on the SRA Codes of Conduct, contained in the SRA Standards and Regulations, in force from 25 November 2019. The SRA Standards and Regulations include two Codes of Conduct—a Code forSolicitors, RELs and RFLs and a Code

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE)