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Latest Planning News

Approach to the breach of conditions attached to a Planning Permission (Royale Parks v SSCLG)

Approach to the breach of conditions attached to a Planning Permission (Royale Parks v SSCLG)

The following Local Government news provides comprehensive and up to date legal information on Approach to the breach of conditions attached to a Planning Permission (Royale Parks v SSCLG)

Court of Appeal clarifies the legal test of public nuisance to a landowner’s capacity to dedicate higher public rights to existing public rights of way (Garland v Secretary of State for Environment, Food and Rural Affairs)

Court of Appeal clarifies the legal test of public nuisance to a landowner’s capacity to dedicate higher public rights to existing public rights of way (Garland v Secretary of State for Environment, Food and Rural Affairs)

Court of Appeal clarifies the legal test of public nuisance to a landowner’s capacity to dedicate higher public rights to existing public rights of way (Garland v Secretary of State for Environment, Food and Rural Affairs)

Planning weekly highlights—29 July 2021

Planning weekly highlights—29 July 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—29 July 2021

Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)

Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)

The following Local Government news provides comprehensive and up to date legal information on Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)

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 Highways and footpaths content

Q&As

Case Study: Easements by long use, public rights of way and public path orders.

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 separate title number? Is there anything that can be done to rectify the discrepancy?

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?

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?

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 restricted by the state of disrepair?

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 for obstructing the road?

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?

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?

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 highway?

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?

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 an adjoining Council? If so, what wording should be used?

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 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...
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1st Aug
Q&As

What is the personal liability of a hotel for the highways maintainable at public expense?

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?

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 from when does that protection run?

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?

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?

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

Is there a statutory prohibition against assignment of a 38 Highways Act 1980 agreement that means parties cannot contract to allow assignment subject to consent? Also if it is possible to assign subject to consent is it implicit that such consent will not be unreasonably refused?

Is there a statutory prohibition against assignment of a 38 Highways Act 1980 agreement that means parties cannot contract to allow assignment subject...
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Produced in partnership with Emily Knowles of Sharpe Pritchard 1st Aug
Q&As

Is it possible for highways drainage to be adopted under an agreement made under section 38 of the Highways Act 1980, to become maintainable at the public expense? If so, does this mean the highways authority will have rights of access to carry out maintenance and repairs to its drainage on a third party's land?

Is it possible for highways drainage to be adopted under an agreement made under section 38 of the Highways Act 1980, to become maintainable at the...
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Produced in partnership with Jo Hannah of Winckworth Sherwood 1st Aug
Q&As

Does the term ‘inland water’ in section 100(2) of the Highways Act 1980 include residential garden ponds?

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

Popular documents

Contract variation

Contract variation

Contract variationThis Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can be varied in writing, orally or by conduct, and also considers unilateral variation, waiver and sustained minor breach. It sets out

Defects liability period and rectification of defects

Defects liability period and rectification of defects

Defects liability period and rectification of defectsIt is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to site to rectify (also known as ‘make good’) defects which arise or are discovered during a

Admissibility of hearsay evidence in criminal proceedings

Admissibility of hearsay evidence in criminal proceedings

Admissibility of hearsay evidence in criminal proceedingsHow to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential elements.There must be:•a statement•made out of court•relied on for the truth of the matter stated,

Contract interpretation—express terms in contracts

Contract interpretation—express terms in contracts

Contract interpretation—express terms in contractsExpress and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made