Planning issues in property and insolvency

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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 Planning issues in property and insolvency content

Practice notes
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...
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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?A 'building line' is a prescribed frontage line for building in front...
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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...
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Produced in partnership with Helen Galley of XXIV Old Buildings 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...
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6th 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...
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5th Jun
Q&As
Is the authorised planning use for a property determined by the latest implemented permission on that property?Usually the ‘authorised’ planning use...
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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...
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5th Jun
Practice notes
Appropriation of land for planning purposesLocal authorities who have acquired land for a statutory purpose must hold that land for that purpose. They...
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Produced in partnership with Kate Silverman of TLT 5th Jun
Practice notes
Planning local authority searchesDo I need a local authority search?Almost all transfers of property (whether commercial or residential) require a...
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5th Jun
Practice notes
Overriding easements and other rightsIntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and...
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5th Jun
Practice notes
Highway access—local authority searchesNeed for specific additional enquiry where highway access is crucialDirect access to the highway can be...
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5th Jun
Practice notes
Easements and utilities—third party landSecuring necessary easementsWhere third party land intervenes between a new development and the public...
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5th Jun

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