Planning issues in property and insolvency

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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

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

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

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...

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...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov

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...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov

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...

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....

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...

9th Nov

Brexit

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:...

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...

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...

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...

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...

Produced in partnership with Laura Bolado 9th Nov

Brexit

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...

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...

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)...

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...

Produced in partnership with Stephen Morgan of Landmark Chambers 9th Nov

Most recent Planning issues in property and insolvency content

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 of which no new building, other than a boundary wall or fence, may be...

29th Nov

Q&As

What remedies are available to a purchaser where the local authority provided an incorrect search result? How can a developer ensure that the local authority is made aware of the purchaser's intentions to develop the property?

Incorrect search resultIn Chesterton Commercial (Oxon) v Oxfordshire County Council [2015] EWHC 2020 (Ch), the High Court held that a local authority...

29th Nov

Q&As

Does a piece of land transferred into separate ownership from a larger piece of land in C3 residential use retain the C3 use? Could a garage on the transferred land be converted into a bungalow and an extra residential property?

Whether a piece of land (B) transferred from a larger piece of land (A) retains the lawful use of A will depend on the circumstances.It will depend on...

29th Nov

Q&As

Where a successful section 73 application has been made to the Local Planning Authority, resulting in the grant of a new planning permission with varied conditions, is it then possible to make a further variation to that section 73 permission by way of a further application under section 73 of the Town and Country Planning Act 1990?

Section 73 of the Town and Country Planning Act 1990 (TCPA 1990) (so far as relevant) provides as follows:‘73.—Determination of applications to...

Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 29th Nov

Q&As

If a fresh planning application is made in relation to land that has the benefit of an existing planning consent, would it 'cancel out' the existing planning permission or would the existing permission remain if the subsequent application is refused or withdrawn?

Implementation of planning permissionThe first thing to check is whether the previous planning permission has been implemented. A previously granted...

29th Nov

Q&As

Would a Compulsory Purchase Order, if it were to include land on which telecommunications apparatus was installed, trump/override the rights of the relevant operator of the telecommunications equipment as under the electronic communications code? Would the answer be different once the new electronic communications code (as updated by the Digital Economy Act 2017 which was given royal assent on 27 April) comes into force?

Usually where land is compulsorily purchased, section 203 of the Housing and Planning Act 2016 (HPA 2016) would apply. This provides the power to...

29th Nov

Q&As

What rights does a local authority have to grant an easement for vehicular access over a village green to a developer and what procedure does the local authority have to follow?

Land usually becomes a village green because it has been used for sports or pastimes ‘as of right’ for not less than 20 years.Where in relation to...

Produced in partnership with Helen Galley of XXIV Old Buildings 29th Nov

Q&As

When proceeding with a compulsory purchase order (CPO) for land burdened by restrictive covenants, must the covenants be referred to in the CPO schedule, notwithstanding that those covenants cannot be expunged by the CPO?; Is it correct that in such circumstances, the beneficiaries of such covenants can only claim compensation pursuant to section 10 of the Compulsory Purchase Act 1965?; How in practice does that process sit alongside section 203 of the Housing and Planning Act 2016?; Must an acquiring authority rely on the appropriate section at the appropriate time, depending on the overall progression of the CPO and planning permission?

Restrictive covenants in compulsory purchase ordersRestrictive covenants burdening land affected by a compulsory purchase order (CPO) should be...

29th Nov

Q&As

Is the authorised planning use for a property determined by the latest implemented permission on that property?

Usually the ‘authorised’ planning use of a property is the use or uses permitted by any planning permissions which relate to the property, which have...

29th Nov

Q&As

What searches can be carried out to determine whether properties are affected by High Speed 2 and Crossrail? What further information exists in respect of a property located in the vicinity of Crossrail but which does not qualify for a settlement deed?

Commercial conveyancing companies such as Groundsure provide High Speed 2 (HS2) and Crossrail searches to help determine whether properties are...

29th Nov

Q&As

We understand that section 237 of the Town and County Planning Act 1990 has been repealed by section 206 of the Housing and Planning Act 2016 (HPA 2016) and HPA 2016, Sch 19, paras 8–9. Does this apply in England and Wales so that the power to override an easements and other rights in Wales is now found in HPA 2016, s 203?

Until 13 June 2016, section 237 of the Town and Country Planning Act 1990 (TCPA 1990) conferred powers to override easements and other rights...

29th Nov

Q&As

Does the use of section 203 of the Housing and Planning Act 2016 constitute an abuse of power, in circumstances where a local authority wishes to appropriate land subject to a restrictive covenant, and rely on s 203 to release the restrictive covenant? Are there any restrictions on the local authority transferring the land to a developer once the restrictive covenant has been released if the developer covenants to cover any compensation claims?

Section 203 of the Housing and Planning Act 2016 (HPA 2016) introduced new powers to override rights or interests, including restrictive covenants,...

29th Nov

Practice notes

Easements and utilities—third party land

Securing necessary easementsWhere third party land intervenes between a new development and the public highway, most developers are aware that they...

29th Nov

Practice notes

Highway access—local authority searches

Need for specific additional enquiry where highway access is crucialDirect access to the highway can be fundamental to the viability of a development....

29th Nov

Practice notes

Appropriation of land for planning purposes

Local authorities who have acquired land for a statutory purpose must hold that land for that purpose. They cannot use that land for a different...

Produced in partnership with Kate Silverman of TLT 29th Nov

Practice notes

Overriding easements and other rights

IntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining...

29th Nov

Practice notes

Planning local authority searches

Do I need a local authority search?Almost all transfers of property (whether commercial or residential) require a local authority search. It provides...

29th Nov

Precedents

Investment acquisition—planning [Archived]

1Scope You have informed us that this is an investment purchase. Consequently, it is assumed that you will continue to use the Property as a [insert...

29th Nov

Practice notes

R&I spotlight on planning law

What are the main laws and regulations governing this area?The main legislation controlling the planning system in England and Wales is the Town and...

Produced in partnership with Tim Stansfeld of CMS and Martin Evans of CMS 27th Nov

Q&As

What is the formal procedure for appropriating land for planning purposes? Who makes the appropriate decision for the purposes of section 203 of the Housing and Planning Act 2016 and can that decision be delegated?

PowerThe statutory power to override easements and other rights is contained in section 203 of the Housing and Planning Act 2016 (HPA 2016).A wider...

28th Sep