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Planning weekly highlights—5 August 2021

Planning weekly highlights—5 August 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—5 August 2021

Approach to the breach of conditions attached to a Planning Permission (Royale Parks v SSCLG)

Approach to the breach of conditions attached to a Planning Permission (Royale Parks v SSCLG)

The following Local Government news provides comprehensive and up to date legal information on Approach to the breach of conditions attached to a Planning Permission (Royale Parks v SSCLG)

Court of Appeal clarifies the legal test of public nuisance to a landowner’s capacity to dedicate higher public rights to existing public rights of way (Garland v Secretary of State for Environment, Food and Rural Affairs)

Court of Appeal clarifies the legal test of public nuisance to a landowner’s capacity to dedicate higher public rights to existing public rights of way (Garland v Secretary of State for Environment, Food and Rural Affairs)

Court of Appeal clarifies the legal test of public nuisance to a landowner’s capacity to dedicate higher public rights to existing public rights of way (Garland v Secretary of State for Environment, Food and Rural Affairs)

Planning weekly highlights—29 July 2021

Planning weekly highlights—29 July 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—29 July 2021

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Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...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

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

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

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 Key developments and highlights content

Practice notes

Planning case tracker—2021

Planning case tracker—2021The Planning case tracker is a list of key judgments from 2021 considered relevant to planning lawyers, with cases listed in...
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5th Aug
Practice notes

Brexit—alternative UK trade models [Archived]

Brexit—alternative UK trade models [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.As of 31 January 2020 (exit day),...
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Produced in partnership with Adam Cygan of University of Leicester 5th Aug
tag iconBrexit
Practice notes

Environment Bill—snapshot

Environment Bill—snapshotTitleEnvironment Bill Key dateIntroduced to Parliament 30 January 2020SubjectEnvironmental principles, governance,...
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3rd Aug
tag iconBrexit
Q&As

What is retained EU law?

What is retained EU law?Retained EU law is a legal concept describing EU-derived legislation, rights and principles the UK plans to preserve in UK law...
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Produced in partnership with Mathias Cheung of Atkin Chambers 1st Aug
tag iconBrexit
Q&As

In the context of Brexit, what is meant by the ‘transition or implementation period’?

In the context of Brexit, what is meant by the ‘transition or implementation period’?The term ‘transition or implementation period’ is used in the...
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1st Aug
tag iconBrexit
Q&As

Can agreements under section 106 of the Town and Country Planning Act 1990 be executed via electronic signatures, especially in light of the Coronavirus Act 2020?

Can agreements under section 106 of the Town and Country Planning Act 1990 be executed via electronic signatures, especially in light of the...
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Produced in partnership with James Ryan of Carbon Law 1st Aug
tag iconCOVID-19
Q&As

How can local authorities comply with regulation 4(b) of the Neighbourhood Planning (Referendums) Regulations 2012 in light of the current coronavirus (COVID-19) restrictions?

How can local authorities comply with regulation 4(b) of the Neighbourhood Planning (Referendums) Regulations 2012 in light of the current coronavirus...
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Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 1st Aug
Q&As

Where planning permission is granted subject to various planning conditions, including a condition to submit a construction management plan stipulating hours of construction, and that condition was subsequently discharged, can a developer apply to add a condition under section 96A of the Town and Country Planning Act 1990 to increase the hours of construction following the MHCLG guidance issued on 13 May 2020?

Where planning permission is granted subject to various planning conditions, including a condition to submit a construction management plan...
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1st Aug
tag iconCOVID-19
Q&As

What are the implications of Brexit regarding Building Regulations 2010, SI 2010/2214?

What are the implications of Brexit regarding Building Regulations 2010, SI 2010/2214?To date, no Brexit statutory instrument (Brexit SI) has been...
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1st Aug
tag iconBrexit
Q&As

What is the position on the interpretation of EU case law relating to EU Directives post IP completion day? In cases concerning retained EU-derived domestic legislation which implements an EU Directive, are UK courts and tribunals bound or permitted to have regard to EU case law on that Directive even though the Directive itself is not retained?

What is the position on the interpretation of EU case law relating to EU Directives post IP completion day? In cases concerning retained EU-derived...
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1st Aug
Practice notes

Brexit—introduction to the Withdrawal Agreement

Brexit—introduction to the Withdrawal AgreementSTOP PRESS: On 28 June 2021, the European Commission adopted an adequacy decision for the UK under the...
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Produced in partnership with Kieran Laird of Gowling WLG 31st Jul
tag iconSustainable Business Toolkit tag iconBrexit
Practice notes

Overview of the EU legal system

Overview of the EU legal systemIntroduction to the EU legal systemThe EU legal system is sui generis—there is no other legal system it can be compared...
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Produced in partnership with Laura Bolado of Andes Legal Consulting Ltd 31st Jul
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Practice notes

Structure and functions of EU institutions and bodies

Structure and functions of EU institutions and bodiesThe EU’s unique institutional frameworkThe European Union is a supranational polity, and is...
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31st Jul
tag iconBrexit
Practice notes

The status of EU law in the UK after Brexit

The status of EU law in the UK after Brexit This Practice Note provides background reading on the key forms and principles of EU law and legislation,...
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Produced in partnership with Carl Gardner 31st Jul
tag iconBrexit
Practice notes

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...
Read More >
Produced in partnership with Adam Cygan of University of Leicester 31st Jul
tag iconBrexit
Practice notes

Brexit timeline

Brexit timelineOn 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU. On 29...
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31st Jul
tag iconSustainable Business Toolkit tag iconBrexit
Practice notes

Introduction to retained EU law

Introduction to retained EU lawThis Practice Note provides an introduction to retained EU law. It provides an overview of the key definitions and...
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Produced in partnership with Dr. Kieran Laird of Gowling WLG 31st Jul
tag iconBrexit
Practice notes

WTO—an introductory guide

WTO—an introductory guideWhat is the World Trade Organization (WTO)?The WTO administers the WTO trade agreements which govern trade between states. It...
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Produced in partnership with Chris Bryant of Bryan Cave Leighton Paisner 31st Jul
tag iconBrexit
Practice notes

Brexit—key legislation explained

Brexit—key legislation explainedBackground—EU law in the UKPre-exit dayThe European Communities Act 1972 (ECA 1972) was introduced and intended to...
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Produced in partnership with Dr. Kieran Laird of Gowling WLG 31st Jul
tag iconBrexit
Q&As

Is Brexit considered a force majeure event?

Is Brexit considered a force majeure event?The change to the economic and commercial environments within both the UK and the EU as a result of Brexit...
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31st Jul
tag iconBrexit

Popular documents

Forming enforceable contracts—consideration

Forming enforceable contracts—consideration

Forming enforceable contracts—considerationThis Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in

Mediation—advantages and disadvantages

Mediation—advantages and disadvantages

Mediation—advantages and disadvantagesWhat is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the sense that there is a third-party neutral involved who meets with the parties and seeks to help them in

Capital allowances on property sales—pre-contract enquiries

Capital allowances on property sales—pre-contract enquiries

Capital allowances on property sales—pre-contract enquiriesThis Practice Note is about capital allowance-related pre-contract enquiries on a property transfer. It applies to the grant of a new property interest (eg a lease) as well as to the acquisition of an existing lease or freehold.For clauses

Lease transactions toolkit (environmental issues)—Commercial Property Standard Enquiries and additional

Lease transactions toolkit (environmental issues)—Commercial Property Standard Enquiries and additional

Commercial Property Standard EnquiriesThe Commercial Property Standard Enquiries (CPSE) have become the industry standard pre-contract enquiries for commercial property transactions:•CPSE.1 (version 3.8) General pre-contract enquiries for all commercial property transactions•CPSE.2 (version 3.4)