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Latest Planning News

New temporary permitted development rights in Wales to support economic recovery

New temporary permitted development rights in Wales to support economic recovery

The following Planning news provides comprehensive and up to date legal information on New temporary permitted development rights in Wales to support economic recovery

Planning weekly highlights—8 April 2021

Planning weekly highlights—8 April 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—8 April 2021

New permitted development rights for changes of use and expansion of public service infrastructure in England, as part of a package of measures to revitalise high streets

New permitted development rights for changes of use and expansion of public service infrastructure in England, as part of a package of measures to revitalise high streets

New permitted development rights for changes of use and expansion of public service infrastructure in England, as part of a package of measures to revitalise high streets

Planning weekly highlights—1 April 2021

Planning weekly highlights—1 April 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—1 April 2021

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 Listed Buildings 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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8th Apr
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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8th Apr
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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8th Apr
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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8th Apr
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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8th Apr
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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22nd Mar
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 22nd Jan
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...
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29th Nov
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...
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29th Nov
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...
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29th Nov

Popular documents

LEXISNEXIS

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)

This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural

LEXISNEXIS

What is practical completion?

Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an

LEXISNEXIS

Novation—why and how to novate a contract

There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is

LEXISNEXIS

Tomlin orders

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border