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Investigating planning history and negotiating contracts conditional on planning

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Latest Planning News

Planning weekly highlights—23 September 2021

Planning weekly highlights—23 September 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—23 September 2021

Planning weekly highlights—16 September 2021

Planning weekly highlights—16 September 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—16 September 2021

Actual use required for ten years immunity material change of use (Hedges v SoSHCLG)

Actual use required for ten years immunity material change of use (Hedges v SoSHCLG)

The following Local Government news provides comprehensive and up to date legal information on Actual use required for ten years immunity material change of use (Hedges v SoSHCLG)

New remedies in judicial review cases—implications for planning

New remedies in judicial review cases—implications for planning

The following Environment news provides comprehensive and up to date legal information on New remedies in judicial review cases—implications for planning

Featured Planning content

What is the meaning of ‘principal elevation’ for the purposes of Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015?

What is the meaning of ‘principal elevation’ for the purposes of Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015?

‘Principal elevation’ is referred to in the exceptions and conditions to various permitted development rights in Part 1 of Schedule 2 to the Town and...

Planning policy in Wales

Planning policy in Wales

Planning policy is contained primarily within national policy documents and the development plan.Welsh national planning policy is contained...

Brexit—exiting the EU under Article 50 [Archived]

Brexit—exiting the EU under Article 50 [Archived]

Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...

Building regulations—enforcement

Building regulations—enforcement

Building regulations—enforcementThe Building Regulations 2010, SI 2010/2214 (the Building Regulations) are made under the Building Act 1984 (BA 1984)....

Q&As

Where there are separate section 52 and section 106 agreements over a property, and the council has confirmed that the section 106 has been discharged, is the section 52 also discharged?

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

Operational development

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 use

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

Implementing a CPO—notice to treat and General Vesting Declaration

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 EU Birds Directive—summary

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

What is a town or village green?

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

Determining planning applications—material considerations

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

Planning conditions—the six tests

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

Applying for planning permission—procedure

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

Section 215 notice requiring maintenance of land

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 development

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

Highways—ownership and creation

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

Compulsory purchase—compensation

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 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

Keeping planning permission alive

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

Declaratory relief of planning decisions

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 Investigating planning history and negotiating contracts conditional on planning content

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?

Are there any statutory provisions which would permit an electricity distributor to repair an electricity cable underneath construction works?...
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Produced in partnership with Tracy Lovejoy LLB of Lanyon Bowdler LLP 11th Aug
Precedents

Investment acquisition—planning [Archived]

Investment acquisition—planning [Archived]This Precedent has been archived. For maintained precedent reports on title, see Report on title—long form...
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10th Aug
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?

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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10th Aug
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?

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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10th Aug
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?

Where a successful section 73 application has been made to the Local Planning Authority, resulting in the grant of a new planning permission with...
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Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 10th Aug
Q&As

Do you have any information on the implications of building over a building line?

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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10th Aug
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?

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...
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10th Aug
Practice notes

Highway access—local authority searches

Highway access—local authority searchesNeed for specific additional enquiry where highway access is crucialDirect access to the highway can be...
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10th Aug
Practice notes

Easements and utilities—third party land

Easements and utilities—third party landSecuring necessary easementsWhere third party land intervenes between a new development and the public...
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9th Aug
Practice notes

Planning local authority searches

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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9th Aug
Q&As

Is the authorised planning use for a property determined by the latest implemented permission on that property?

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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1st Aug
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?

What searches can be carried out to determine whether properties are affected by High Speed 2 and Crossrail? What further information exists in...
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1st Aug

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Claiming negligent misrepresentation or negligent misstatement—practical considerationsA claim for negligent misrepresentation may often be brought alongside or in the alternative to a claim for negligent misstatement. It is therefore useful to understand the key practical considerations in respect

Methods of statutory interpretation used to resolve ambiguities in legislation

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Methods of statutory interpretation used to resolve ambiguities in legislationIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP

Working with counsel

Working with counsel

Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide independent objective advice and to deploy the skill of advocacy on behalf of the client. Although they are part of a team, they also

Lexcel—assessment

Lexcel—assessment

Lexcel—assessmentLexcel is the Law Society's practice management standard. It is not compulsory although Lexcel accreditation can be helpful for firms wishing to be accredited under the Conveyancing Quality Scheme or the Legal Service Board's Specialist Quality Mark. This Practice Note tells you