Planning issues in property and insolvency

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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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9th Nov
Practice notes
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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov
Practice notes
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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov
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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9th Nov
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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9th Nov
Practice notes
This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...
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9th Nov
Practice notes
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:...
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9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
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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9th Nov
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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9th Nov
Practice notes
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...
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Produced in partnership with Laura Bolado 9th Nov
Practice notes
Policy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published on 27 March 2012, taking immediate effect. It...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
What is a purchase notice?The purchase notice procedure provides landowners with a means of having land acquired by a local planning authority (LPA)...
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9th Nov
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 9th Nov

Most recent Planning issues in property and insolvency content

Q&As
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...
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29th Nov
Q&As
Incorrect search resultIn Chesterton Commercial (Oxon) v Oxfordshire County Council [2015] EWHC 2020 (Ch), the High Court held that a local authority...
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29th Nov
Q&As
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...
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29th Nov
Q&As
Section 73 of the Town and Country Planning Act 1990 (TCPA 1990) (so far as relevant) provides as follows:‘73.—Determination of applications to...
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Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 29th Nov
Q&As
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...
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Produced in partnership with Helen Galley of XXIV Old Buildings 29th Nov
Q&As
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...
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29th Nov
Practice notes
Securing necessary easementsWhere third party land intervenes between a new development and the public highway, most developers are aware that they...
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29th Nov
Practice notes
Need for specific additional enquiry where highway access is crucialDirect access to the highway can be fundamental to the viability of a development....
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29th Nov
Practice notes
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...
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Produced in partnership with Kate Silverman of TLT 29th Nov
Practice notes
IntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining...
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29th Nov
Practice notes
Do I need a local authority search?Almost all transfers of property (whether commercial or residential) require a local authority search. It provides...
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29th Nov
Precedents
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...
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29th Nov
Practice notes
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...
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Produced in partnership with Tim Stansfeld of CMS and Martin Evans of CMS 27th Nov
Q&As
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...
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28th Sep

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