Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...
Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...
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:...
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...
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...
Policy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published on 27 March 2012, taking immediate effect. It...
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...
What is a purchase notice?The purchase notice procedure provides landowners with a means of having land acquired by a local planning authority (LPA)...
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
We have assumed for the purposes of this response that the highway in question is a highway maintainable at the public expense.A highway authority is...
This note is based on the assumptions that:•HE is the relevant authority and the works in question affect the strategic road network, and•the reader...
Need for specific additional enquiry where highway access is crucialDirect access to the highway can be fundamental to the viability of a development....
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...
Public rights of way (PROW) are highways that allow the public a legal right of passage. They have the same status and protection in law as highways...
The question of whether or not land is highway is ultimately a question for the court to determine, based on whatever evidence is put before it. See,...
Party owns and has maintained land which it transpires is a public highwaySeveral interests can exist in the same piece of highway land. Highway land...
Section 228 of the Highways Act 1980 provides for a private street to be adopted and declared a highway maintainable at the public expense after the...
At common law, the owner of land which adjoins a highway has a right of access from his land onto the highway. This right enables an access from any...
Co-existence of private rights of way and public highwayThe Highway Act 1980 (HIA 1980) enables highway authorities to enter agreement with landowners...
DATE [date]Parties1[insert name] of [insert address] (the ‘Council’)2[insert name] of [insert address] [incorporated in England and Wales with company...
Where a roadway is adopted by the local highways authority, can it also form part of an individual property owner's registered title?Where a road has...
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