Investigating planning history and negotiating contracts conditional on planning

For property transactions dealing with land, it is important to determine the lawfulness of any existing or proposed uses and/or operational development of the land. In relation to any proposed development or existing development (including use of the land), check:

  1. current or proposed development of the site

  2. the meaning and status of planning permissions affecting the site

  3. any restrictions that apply to the site, including those in any statutory agreements such as those made under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) and sections 28 and 278 of the Highways Act 1980, and

  4. the impact of any unauthorised uses or development on the site

Outline and full permissions

Outline planning permission provides authorisation for the principle of the development described in the decision notice.

Where an outline planning permission authorises the development on site, ensure that reserved matters approvals for all of the matters reserved in the outline permission have been obtained for either the relevant phase or for the whole of the development within the

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Latest Planning News

Chief Planner’s planning update newsletter for August 2025 published

The Chief Planner, Joanna Averley, has published a planning update newsletter for August 2025, written for the chief planning officers at local planning authorities (LPAs). The newsletter contains details of preparations for the new plan-making system, with the Ministry of Housing, Communities and Local Government (MHCLG) urging LPAs to ensure full coverage of up-to-date local plans as soon as possible. It outlines five non-statutory activities LPAs can currently undertake to prepare for the new system under the Levelling Up and Regeneration Act 2023 (LURA 2023), including early scoping work, evidence base development, engagement preparation, project management development and risk monitoring processes. The newsletter also highlights that MHCLG has provided further details on the steps it will take to reform the statutory consultee system, including introducing a national planning fee surcharge to fund statutory consultees’ planning functions via the Planning and Infrastructure Bill. MHCLG is also expected to consult soon on removing statutory consultee status from Sport England, the Theatres Trust and the Gardens Trust. Additionally, the newsletter covers the launch of the Planning Advisory Service (PAS) fees survey, the publication of PAS’ best practice self-assessment toolkit to help councils review their planning committees and the government’s decision to maintain maximum and minimum compulsory purchase thresholds for owner-occupiers.

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