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Obtaining, amending and implementing planning permission

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Latest Planning News

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

Planning weekly highlights—9 September 2021

Planning weekly highlights—9 September 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—9 September 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Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...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

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 Obtaining, amending and implementing planning permission content

Practice notes

Local planning authority as applicant for planning permission to itself

Local planning authority as applicant for planning permission to itselfLocal authorities are not immune from having to obtain planning permission to...
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18th Aug
Q&As

Are there statutory rules or guidance on who must be notified of a planning application going to committee?

Are there statutory rules or guidance on who must be notified of a planning application going to committee?There are no statutory rules or guidance...
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Produced in partnership with Emily Knowles of Sharpe Pritchard 12th Aug
Q&As

To what extent is waste collection a material consideration in determining a planning application and is there a planning mechanism by which a Council could ensure ongoing waste management by a private collection company?

To what extent is waste collection a material consideration in determining a planning application and is there a planning mechanism by which a Council...
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11th Aug
Precedents

Planning use swap agreement

Planning use swap agreementDated:Parties1[insert party name] whose registered office is at [insert address] (‘the First Party); and2[insert party...
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10th Aug
Q&As

Does an email constitute good service for notifying an applicant as to whether permission for a development is denied or refused under the Town and Country Planning (General Permitted Development) (England) Order 2015?

Does an email constitute good service for notifying an applicant as to whether permission for a development is denied or refused under the Town and...
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10th Aug
Q&As

Where a developer has withdrawn from a planning application relating to council owned land, can the council take over or seek to find a new developer? Are there any implications that might arise under the Town and Country Planning General Regulations 1992, SI 1992/1492, regs 3 and 4?

Where a developer has withdrawn from a planning application relating to council owned land, can the council take over or seek to find a new developer?...
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10th Aug
Q&As

Where an ownership certificate submitted in respect of a planning application has been challenged, what duty is a local planning authority under to undertake enquiries regarding its validity?

Where an ownership certificate submitted in respect of a planning application has been challenged, what duty is a local planning authority under to...
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10th Aug
Q&As

Where planning permission has been granted subject to section 106 being completed and further material considerations arise prior to planning permission being granted, will a new decision need to be taken based on the new considerations? If yes, can previous material considerations from the original decision be reviewed again?

Where planning permission has been granted subject to section 106 being completed and further material considerations arise prior to planning...
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Produced in partnership with Kevin Leigh of 33 Bedford Row 10th Aug
Q&As

Can a local planning authority withdraw a valid planning application without the applicant agreeing?

Can a local planning authority withdraw a valid planning application without the applicant agreeing?There is no express power in the Town and Country...
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10th Aug
Q&As

What powers does the Secretary of State have to intervene and revoke Planning Permission using his default powers under s 100 of the Town and Country Planning Act 1990?

What powers does the Secretary of State have to intervene and revoke Planning Permission using his default powers under s 100 of the Town and Country...
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10th Aug
Q&As

If a planning permission is granted pursuant to section 73 of the Town and Country Planning Act 1990 during the course of construction, at what point is the section 73 permission considered to have been implemented and development under the original permission considered to have ceased, where it is not obvious from the development carried on under which permission the development is proceeding? Is it as soon as the section 73 permission is granted if the developer has confirmed that they are going to build out pursuant to the section 73 permission?

If a planning permission is granted pursuant to section 73 of the Town and Country Planning Act 1990 during the course of construction, at what point...
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10th Aug
Q&As

Can a local planning authority issue a decision on the planning application if the applicant has appealed against non-determination and the appeal is awaiting validation?

Can a local planning authority issue a decision on the planning application if the applicant has appealed against non-determination and the appeal is...
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10th Aug
Q&As

Does a local planning authority have the right to deduct an admin fee from the planning fee when returning fees on applications which have never been validated if it has already carried out some work in relation to the application?

Does a local planning authority have the right to deduct an admin fee from the planning fee when returning fees on applications which have never been...
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10th Aug
Q&As

Can a breach of condition notice be issued where pre-commencement conditions have not been complied with, so the permission has not yet been lawfully implemented?

Can a breach of condition notice be issued where pre-commencement conditions have not been complied with, so the permission has not yet been lawfully...
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10th Aug
Q&As

What is the ‘additional period’ referred to in section 78(A) of the Town and Country Planning Act 1990 and does the provision apply in England?

What is the ‘additional period’ referred to in section 78(A) of the Town and Country Planning Act 1990 and does the provision apply in England?Section...
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10th Aug
Q&As

An application for outline planning permission is made in respect of a development and outline planning permission is subsequently granted subject to reserved matters approval. Following this, a reserved matters application is made in time and subsequently approved, but the development is not commenced in time in accordance with the conditions of the outline permission. If the applicant goes on to submit an application to discharge the reserved matters and it is approved by the local planning authority (having not realised the development was not commenced in time) has the development been lawfully implemented?

An application for outline planning permission is made in respect of a development and outline planning permission is subsequently granted subject to...
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Produced in partnership with Lucy Coe of Browne Jacobson 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

A taller building has been built beside a shorter building. The surface water runoff from the higher building is causing flooding or maintenance problems for the shorter building. Are there are requirements that should have been taken into account when the taller building was built?

A taller building has been built beside a shorter building. The surface water runoff from the higher building is causing flooding or maintenance...
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10th Aug
Q&As

A lawful development certificate was granted for the occupation of a dwelling by someone not employed in agriculture thus rendering the agricultural occupancy condition unenforceable. Can there be any sound reason to refuse a section 73 application to remove the condition?

A lawful development certificate was granted for the occupation of a dwelling by someone not employed in agriculture thus rendering the agricultural...
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10th Aug
Q&As

Is there any guidance or case law on the potential remedies that exist where a third party has lodged a pre-application planning application in respect of a property which the owner believes may diminish the value or development potential of the property? Is a third party making a pre-application planning application required to notify the owner?

Is there any guidance or case law on the potential remedies that exist where a third party has lodged a pre-application planning application in...
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10th Aug

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Parliamentary committees

Parliamentary committees

Parliamentary committeesIP 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 completion day’), key transitional arrangements come to

Sale of treasury shares

Sale of treasury shares

Sale of treasury sharesA limited company may hold, or deal with, shares in itself, if certain conditions set out in the Companies Act 2006 (CA 2006) are met. Those shares are held in treasury and referred to as the company's treasury shares.The treasury shares regime is set out in CA 2006, ss

EL/PL claims in the portal—a practical guide (Stage 1)

EL/PL claims in the portal—a practical guide (Stage 1)

EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims from 31 July 2013 (the EL/PL protocol) in particular Stage 1 of the process. For guidance on Stage

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and