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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
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 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—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
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
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
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
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
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
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 developmentPolicy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published...
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19th May
Practice notes
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
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 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
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
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 Highways and footpaths content

Q&As
Case Study: Easements by long use, public rights of way and public path orders.Case StudyA car park has a third floor walkway which connects over a...
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1st Aug
Q&As
Has there been a presumed dedication of land as a highway if a street lamp has been erected on a verge which HM Land Registry notes is under a...
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Produced in partnership with Kate Andrews of Hamlins 1st Aug
Q&As
Does a local authority have a power to declare a street to be a highway maintainable at public expense, or is it a duty?Section 228(1) of the Highways...
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Produced in partnership with Jo Hannah of Winckworth Sherwood 1st Aug
Q&As
How can I remove a footpath from the definitive map and statement?The definitive map is a legal record of public rights of way maintained by the...
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1st Aug
Q&As
If an unadopted highway has fallen into disrepair, what rights are open to an individual whose right to pass and repass over that highway has been...
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Produced in partnership with Alastair Frew of Lodders Solicitors 1st Aug
Q&As
Can an un-adopted road or common area be classed as a 'highway' for the purposes of the Highways Act 1980? If so, can the landowner impose penalties...
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1st Aug
Q&As
When is the consent of the owner of the subsoil of a highway required for the installation of services in the subsoil?Regardless of who owns the land...
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Produced in partnership with Chris Willmore 1st Aug
Q&As
What is the legal authority for a member of the public having the right to pass along an adopted road?In terms of statutory definitions, section 328...
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1st Aug
Q&As
Can a highway authority extract a proportion of the development value of adjoining land from the landowner to secure a right of access on to the...
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1st Aug
Q&As
Can a section 278 Highways Agreement be executed electronically? Can it be completed in counterpart?An agreement made under section 278 of the...
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Produced in partnership with James Ryan of Acuity Law 1st Aug
Q&As
Does a Council need to record in the Local Land Charges register a section 38 agreement in respect of a piece of highway which is within the title of...
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1st Aug
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...
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1st Aug
Q&As
What is the personal liability of a hotel for the highways maintainable at public expense?This Q&A does not consider any occupier’s liability or...
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1st Aug
Q&As
Can landowners use a road prior to its adoption as a public highway?Adoption and the right to use a route are separate concepts, with the former...
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Produced in partnership with Christine Willmore of University of Bristol Law School 1st Aug
Q&As
Broadly, what is the process for applications under section 31(6) of the Highways Act 1980? Specifically, what level of protection is afforded and...
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1st Aug
Q&As
Is there a right of entry to land for the purposes of making an order under section 3A of the Countryside and Rights of Way Act 2000?Section 40 of the...
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1st Aug
Q&As
Do you have any information on the implications of building over a building line?A 'building line' is a prescribed frontage line for building in front...
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1st Aug
Q&As
Does the term ‘inland water’ in section 100(2) of the Highways Act 1980 include residential garden ponds?Section 100(2) of the Highways Act 1980...
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1st Aug

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