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Planning weekly highlights—2 December 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—2 December 2021

Development consent for tidal lagoon electricity generation station lapsed (Tidal Lagoon v SSBEIS)

The following Planning news provides comprehensive and up to date legal information on Development consent for tidal lagoon electricity generation station lapsed (Tidal Lagoon v SSBEIS)

New Environment Act demands more diligence in supply chains

The following Commercial news provides comprehensive and up to date legal information on New Environment Act demands more diligence in supply chains

Environmental judicial review involving HS2 fails at the permission stage (R (Misbourne Environmental Protection Ltd) v Environment Agency)

The following Environment news provides comprehensive and up to date legal information on Environmental judicial review involving HS2 fails at the permission stage (R (Misbourne Environmental Protection Ltd) v Environment Agency)

Featured Planning content

Local planning authority as applicant for planning permission to itself

Local planning authority as applicant for planning permission to itselfLocal authorities are not immune from having to obtain planning permission to...

Statutory blight

Statutory blightWhat is statutory blight?Blight occurs when the value of a property is reduced because of proposed development or public works, which...

The Mayor’s planning role in London and the London Planning Framework

The Mayor’s planning role in London and the London Planning FrameworkThe planning functions in the Greater London area are exercised by:•the Mayor of...

Is it possible to amend the red line boundary of a planning permission through an application made under section 73 of the Town and Country Planning Act 1990, in circumstances where the change is minor, and where the size/boundary of the site is not stated in the description of the development?

Is it possible to amend the red line boundary of a planning permission through an application made under section 73 of the Town and Country Planning...

Practice notes

Duty to cooperate

Duty to cooperateWhat is the duty to cooperate?The duty to cooperate was created by the Localism Act 2011. It places a legal duty on local planning...

16th Nov

Practice notes

Compulsory purchase—compensation

Compulsory purchase—compensationCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s...

Produced in partnership with Stephen Morgan of Landmark Chambers 16th Nov

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)...

16th Nov

Practice notes

Implementing a CPO—notice to treat and General Vesting Declaration

Implementing a CPO—notice to treat and General Vesting DeclarationCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially...

16th Nov

Q&As

A developer is entering into an agreement under section 278 of the Highways Act 1980, pursuant to a condition under a planning permission. The works covered by the agreement are entirely within highway running along the application site. The developer is the owner of the application site, but the application site has charges against it. Should the mortgagee be party to the agreement?

A developer is entering into an agreement under section 278 of the Highways Act 1980, pursuant to a condition under a planning permission. The works...

Produced in partnership with Emily Knowles of Sharpe Pritchard 16th Nov

Practice notes

Defining the planning unit

Defining the planning unitWhy is it important to establish the planning unit?Planning permission is required where there has been a material change of...

16th Nov

Practice notes

Affordable housing

Affordable housingAffordable housing is housing provided to those who are struggling with their housing costs and whose housing needs are not met by...

16th Nov

Practice notes

Agricultural buildings and land: permitted development rights

Agricultural buildings and land: permitted development rightsThis Practice Note looks at certain of the permitted development rights in England under...

Produced in partnership with Martha Grekos of Martha Grekos Consultancy Limited 16th Nov

Q&As

How do you find out who owns a culvert located under a highway? Is a culvert under a road a highway drain? Does a highway authority own it/have power to grant rights to drain into it?

How do you find out who owns a culvert located under a highway? Is a culvert under a road a highway drain? Does a highway authority own it/have power...

16th Nov

Practice notes

Failure to comply with planning enforcement—criminal liability and direct action

Failure to comply with planning enforcement—criminal liability and direct actionUnder the Town and Country Planning Act 1990 (TCPA 1990), a breach of...

16th Nov

Practice notes

Section 104 Water Industry Act 1991 Agreements—Sewer adoption agreements

Section 104 Water Industry Act 1991 Agreements—Sewer adoption agreementsIntroductionThe adoption of sewers is the process by which sewers are vested...

Produced in partnership with Celina Colquhoun of 39 Essex Chambers 16th Nov

Practice notes

Dangerous buildings and structures

Dangerous buildings and structuresPowers of the local authorityThe local authority has powers to deal with dangerous buildings under a number of...

16th Nov

Q&As

The definition of ‘affordable housing’ set out in Annex 2 of the National Planning Policy Framework states that affordable housing includes discounted market sales housing, which is housing ‘sold at a discount of at least 20% below local market value’. What is the meaning of ‘local market value’ in this context?

The definition of ‘affordable housing’ set out in Annex 2 of the National Planning Policy Framework states that affordable housing includes discounted...

Produced in partnership with Emily Knowles and Sarah Rhodes of Sharpe Pritchard LLP 16th Nov

Practice notes

Declaratory relief of planning decisions

Declaratory relief of planning decisionsA declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a...

16th Nov

Q&As