Planning issues in property and insolvency

View Planning by content type:

News

Practice notes

Precedents

Q&As

Latest Planning News

Planning weekly highlights—22 July 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—22 July 2021

Planning weekly highlights—15 July 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—15 July 2021

Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

The following Planning news provides comprehensive and up to date legal information on Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

Challenging traffic regulation orders—(experimental low traffic neighbourhood orders)—Road Traffic Regulation Act 1984; public sector equality duty and ‘due regard’ to Equality Act 2010 s149; adequacy of consultation with ‘other relevant organisations’—Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (R (oao Sheakh) v LB Lambeth)

Challenging traffic regulation orders—(experimental low traffic neighbourhood orders)—Road Traffic Regulation Act 1984; public sector equality duty and ‘due regard’ to Equality Act 2010 s149; adequacy of consultation with ‘other relevant organisations’—Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (R (oao Sheakh) v LB Lambeth)

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?

‘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 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Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...

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...

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...

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...

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)...

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...

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...

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)...

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...

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...

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...

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...

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...

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...

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,...

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...

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...

19th May

Most recent Planning issues in property and insolvency content

Practice notes

R&I spotlight on planning law

R&I spotlight on planning lawThe main legislation controlling the planning system in England and Wales is the Town and Country Planning Act 1990 (TCPA...

Produced in partnership with Tim Stansfeld of CMS and Martin Evans of CMS 15th Jul

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...

6th Jun

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?

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...

Produced in partnership with Helen Galley of XXIV Old Buildings 6th Jun

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?

What searches can be carried out to determine whether properties are affected by High Speed 2 and Crossrail? What further information exists in...

6th Jun

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?

Where a successful section 73 application has been made to the Local Planning Authority, resulting in the grant of a new planning permission with...

Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 6th Jun

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?

What is the formal procedure for appropriating land for planning purposes? Who makes the appropriate decision for the purposes of section 203 of the...

6th Jun

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?

When proceeding with a compulsory purchase order (CPO) for land burdened by restrictive covenants, must the covenants be referred to in the CPO...

5th Jun

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?

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...

5th Jun

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?

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...

5th Jun

Q&As

Are there any statutory provisions which would permit an electricity distributor to repair an electricity cable underneath construction works? Alternatively, are there any statutory provisions which prevent construction works taking place within a specified distance of any underground electricity cables?

Are there any statutory provisions which would permit an electricity distributor to repair an electricity cable underneath construction works?...

Produced in partnership with Tracy Lovejoy LLB of Lanyon Bowdler LLP 5th Jun

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?

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...

5th Jun

Q&As

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

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

5th Jun

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?

What remedies are available to a purchaser where the local authority provided an incorrect search result? How can a developer ensure that the local...

5th Jun

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?

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...

5th Jun

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?

Would a Compulsory Purchase Order, if it were to include land on which telecommunications apparatus was installed, trump/override the rights of the...

5th Jun

Practice notes

Appropriation of land for planning purposes

Appropriation of land for planning purposesLocal authorities who have acquired land for a statutory purpose must hold that land for that purpose. They...

Produced in partnership with Kate Silverman of TLT 5th Jun

Practice notes

Planning local authority searches

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

5th Jun

Practice notes

Overriding easements and other rights

Overriding easements and other rightsIntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and...

5th Jun

Practice notes

Highway access—local authority searches

Highway access—local authority searchesNeed for specific additional enquiry where highway access is crucialDirect access to the highway can be...

5th Jun

Practice notes

Easements and utilities—third party land

Easements and utilities—third party landSecuring necessary easementsWhere third party land intervenes between a new development and the public...

5th Jun

Planning issues in property and insolvency

View Planning by content type:

Latest Planning News

Planning weekly highlights—22 July 2021

Planning weekly highlights—15 July 2021

Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

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?

Planning policy in Wales

Brexit—exiting the EU under Article 50 [Archived]

Building regulations—enforcement

Most recent Planning issues in property and insolvency content

Popular documents

Judicial review—time limits and the pre-action protocol

Fixtures and fittings

Capital allowances on property sales—pre-contract enquiries

Involuntary manslaughter

Contact Us

Popular Links

Policies

Follow us