Obtaining, amending and implementing planning permission

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Latest Planning News

My way not the highway—High Court nullifies Norfolk County Council’s consultation on highway works (R v Norfolk County Council)

The following Local Government news provides comprehensive and up to date legal information on My way not the highway—High Court nullifies Norfolk County Council’s consultation on highway works (R v Norfolk County Council)

High Court quashes grant of inspector’s grant of planning permission in appeals under TCPA 1990, ss 288 and 289 (Manchester CC v SSHCLG)

The following Planning news provides comprehensive and up to date legal information on High Court quashes grant of inspector’s grant of planning permission in appeals under TCPA 1990, ss 288 and 289 (Manchester CC v SSHCLG)

Planning weekly highlights—29 April 2021

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

Liability to community infrastructure levy (R (Trent) v Hertsmere Borough Council)

The following Planning news provides comprehensive and up to date legal information on Liability to community infrastructure levy (R (Trent) v Hertsmere Borough Council)

Featured Planning content

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...

Grounds of appeal—introducing new evidence

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

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...

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...

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...

9th Nov

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Material change of use

Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...

9th Nov

Practice notes

Oversailing

TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....

9th Nov

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

Practice notes

Defining the planning unit

Why is it important to establish the planning unit?Planning permission is required where there has been a material change of use (see Practice Note:...

9th Nov

Practice notes

Permission to appeal—the application

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

9th Nov

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...

9th Nov

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...

9th Nov

Practice notes

Overview of the EU legal system

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 12th Jan

Brexit

Practice notes

Presumption in favour of sustainable development

Policy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published on 27 March 2012, taking immediate effect. It...

9th Nov

Practice notes

Local Development Orders

What is a Local Development Order (LDO)?An LDO is a local development order, made at local authority level by a local planning authority (LPA). Once...

9th Nov

Practice notes

Purchase notices

What is a purchase notice?The purchase notice procedure provides landowners with a means of having land acquired by a local planning authority (LPA)...

9th Nov

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...

Produced in partnership with Stephen Morgan of Landmark Chambers 12th Jan

Most recent Obtaining, amending and implementing planning permission content

Q&As

If a property has permission to be used as separate apartments, can this use be said to be abandoned if the house was used as a single family dwelling for 20 years? The house retained its physical layout as separate apartments during the time it was used as a single dwelling.

This Q&A assumes that it is unknown whether the original permission was only for a change of use or also for the construction or conversion of the...

27th Apr

Practice notes

Call-in by the Secretary of State

What is a 'called-in application'?Most planning applications and applications for listed building consent are decided locally by the relevant local...

20th Apr

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...

20th Apr

Q&As

When considering a planning application, should the local planning authority give any consideration to a claim for adverse possession over land within the planning application site or that may be needed for access to it? In these circumstances, what are the planning implications of an adverse possession claim succeeding?

You have asked: When considering a planning application, should the local planning authority give any consideration to a claim for adverse possession...

14th Apr

Q&As

What planning considerations apply to safeguarded or protected wharves?

BackgroundSafeguarded wharves are wharves located in the London boroughs that are protected through formal safeguarding directions and planning policy...

9th Apr

Practice notes

The interpretation of planning documents post Trump and Ashford

Interpreting planning permission post Trump and AshfordInterpreting planning permission by reference to application documents and extrinsic...

8th Apr

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...

8th Apr

Practice notes

Agricultural occupancy conditions

What is an agricultural occupancy condition?A dwellinghouse can be constructed in the countryside only in very limited circumstances (eg where the...

8th Apr

Practice notes

Amending a planning permission, retrospective planning permission and revocation of planning permission

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...

8th Apr

Practice notes

Implementing planning permission

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...

8th Apr

Practice notes

Making changes to Development Consent Orders

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...

8th Apr

Practice notes

Planning use swaps

What are planning use swaps and how do they arise?There is no specific legislation governing planning use swaps.The need for use swaps can arise where...

8th Apr

Practice notes

The public sector equality duty in planning and compulsory purchase decisions

Scope of the public sector equality duty (PSED)Aim of the PSEDThe PSED imposed by section 149 of the Equality Act 2010 (EqA 2010) seeks to tackle...

8th Apr

Practice notes

Scope for scheme amendments once planning permission is granted

Deciding which approach to scheme amendments to takeOnce planning permission for development has been granted it must be implemented in accordance...

8th Apr

Practice notes

Local planning authority as applicant for planning permission to itself

Local authorities are not immune from having to obtain planning permission to develop land. The grant of planning permission by any local authority to...

8th Apr

Practice notes

Viability in planning decision-taking—comprehensive guidance

Contents•Context•Overview of viability in planning•National planning policy and guidance•Viability assessments in practice•Appeals•Section 106...

Produced in partnership with Charlotte Gorst and Thomas Evans of Gerald Eve LLP 8th Apr

Practice notes

Environmental impact assessments—key points

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

8th Apr

Practice notes

Design and access statements

What is a design and access statement?A design and access statement (DAS) is a concise report accompanying certain applications for planning...

8th Apr

Practice notes

The duty to give reasons for planning decisions

Circumstances in which the duty to give reasons for planning decisions arisesIn 2013, the duty to give reasons for the grant of planning permission by...

8th Apr

Practice notes