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:

•
current or proposed development of the site
•
the meaning and status of planning permissions affecting the site
•
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
•
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

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Planning News

Planning weekly highlights—10 July 2025

This week's edition of Planning weekly highlights includes: the Welsh Building Safety Bill; a Welsh community guide on Strategic Development Plans; consultations on electricity network infrastructure reforms and wind turbine noise assessments; an updated NPS for water resources infrastructure; and DESNZ's onshore wind strategy.

CMA launches consultation on £100m housebuilder commitments package

The Competition and Markets Authority (CMA) has launched a consultation on proposed commitments from seven major UK housebuilders following an investigation into anticompetitive information sharing. The commitments includes a £100m payment towards affordable housing programmes and new restrictions on sharing commercial data. The funding is intended to support the delivery of new homes for low-income households, first-time buyers, and vulnerable people. The housebuilders have also proposed legally binding commitments to prevent future anticompetitive conduct, including restrictions on information sharing and collaboration with industry bodies to develop compliance guidance. The consultation closes on 24 July 2025.

Defra publishes updated National Policy Statement on water resources infrastructure

The Department for Environment, Food and Rural Affairs (Defra) has published an updated National Policy Statement (NPS) for nationally significant water resource infrastructure projects in England, updating the 2023 version. The updated NPS is intended to: (1) streamline the planning permission process for nationally significant water infrastructure projects; (2) facilitate the development of new water supply infrastructure; and (3) provide planning guidance for applicants. It will serve as the primary basis for examination by the Examining Authority and for decision-making by the Secretary of State when assessing development consent applications. The NPS is accompanied by an Appraisal of Sustainability and a Habitats Regulations Assessment.

Chief Planner’s planning update newsletter for July 2025 published

The Chief Planner, Joanna Averley, has published a planning update newsletter for July 2025, written for the chief planning officers at local planning authorities (LPAs). The newsletter contains details of the Planning and Infrastructure Bill’s progression to the House of Lords, following its second reading in the House of Commons on 25 June 2025. Key amendments made during the Commons stages include: (1) removing the statutory requirement for pre-application consultation on nationally significant infrastructure projects; (2) measures to reform grid connection queues; and (3) targeted improvements to the proposed Nature Restoration Fund, among other changes. The update also announces the launch of the Department for Transport and the Ministry of Housing, Communities and Local Government Connectivity Tool on 26 June 2025, a new digital resource for measuring transport connectivity across England and Wales. It also highlights the launch of ‘Extract’, an artificial intelligence tool designed to assist with digitising planning documents, and references the Department for Environment, Food and Rural Affairs’ publication of new National Standards for Sustainable Drainage Systems. Finally, the newsletter notes that simplified procedures for planning appeals determined through written representations will begin rolling out from the end of 2025.