Investigating planning history and negotiating contracts conditional on planning

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....

8th Apr

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...

8th Apr

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...

8th Apr

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?

An electricity distributor is a potential licence holder under section 6 of the Electricity Act 1989 (EA 1989).Underground electricity cables will...

Produced in partnership with Tracy Lovejoy of Lanyon Bowdler 11th Feb

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 22nd Jan

Precedents

Investment acquisition—planning [Archived]

This Precedent has been archived. For maintained precedent reports on title, see Report on title—long form and Report on title—short form.1Scope You...

22nd Jan

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...

15th Jan

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

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

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

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