Amending planning permission

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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

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Practice notes

Overview of the EU legal system

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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 Amending planning permission content

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

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

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

Q&As

Are there any restrictions on amending the red line on a planning application before it is determined?

There is no statutory basis which expressly permits or prohibits an applicant amending the red line on a planning application before it is determined....

11th Mar

Q&As

It was recently asked whether it is legally possible to make an application under section 73 of the Town and Country Planning Act 1990 to the Local Planning Authority, in order to vary a section 73 permission, and a response was received which concluded that there is nothing wrong in principle (or uncommon) in seeking further changes under successive section 73 applications. Does it therefore mean that development descriptions to section 73 applications/permissions should follow the principles in Finney, namely, that the inclusion of specific information (such as a date, and reference to the condition being varied) means it would not be possible to subsequently alter these details under a further section 73 application in the future?

The Court of Appeal case of Finney v Welsh Minsters established that section 73 of the Town and Country Planning Act 1990 (TCPA 1990) cannot be...

Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 12th Feb

Q&As

If a planning application refers to the development of some social housing within a scheme, but the approval does not include a planning obligation condition requiring the provision of social housing, can a developer implement the permission for the private market?

The planning application making reference to the development of some social housing within the scheme does not mean that the council is obliged to...

Produced in partnership with Abigail Pritchard-Hooper of Lanyon Bowdler 22nd Jan

Q&As

Can an application under section 73A of the Town and Country Planning Act 1990 (TCPA 1990) to remove a condition from a planning permission for a change of use, include a new plan which excludes land which is now outside the site of the original planning permission and being used in accordance with a different planning permission? Can the case law amending planning permission under TCPA 1990, s 73 also be applied to TCPA 1990, s 73A?

See Practice Note: Amending a planning permission, retrospective planning permission and revocation of planning permission at section: ‘Interaction...

22nd Jan

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?

There does not appear to be any authoritative commentary regarding the scope of the Secretary of State’s (SoS) power under the section 100 of Town and...

22nd Jan

Q&As

Is it possible to amend the red line boundary of a planning permission through an application made under section 73 of the Town and Country Planning Act 1990, in circumstances where the change is minor, and where the size/boundary of the site is not stated in the description of the development?

Section 73 of the Town and Country Planning Act 1990 (TCPA 1990) (as amended) allows an application to be made to the local planning authority (LPA)...

22nd Jan

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?

Section 73 of the Town and Country Planning Act 1990 (TCPA 1990) (so far as relevant) provides as follows:‘73.—Determination of applications to...

Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 22nd Jan

Q&As

Can an inspector still determine a planning appeal where the applicant amends the red line from the original application?

Whether a planning inspector will determine an appeal on the basis of an application with a red line plan which has been amended since the original...

22nd Jan

Q&As

In relation to agricultural ties, to what extent does the occupier need to be engaged in employment for the purposes of the Town and Country Planning Act 1971 and Town and Country Planning Act 1990?

In answering this Q&A, we have assumed the condition in question is an agricultural occupancy condition imposed on a dwelling house before the Town...

Produced in partnership with Joanne Hannah of Winkworth Sherwood LLP 8th Jan

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?

The point at which a planning permission granted under section 73 of the Town and Country Planning Act 1990 (TCPA 1990) is implemented, where...

29th Nov

Q&As

Is it possible to extend the time period for implementation of a planning permission?

All planning permissions are subject to a condition which specifies the time period for implementation. This will either be an express condition set...

29th Nov

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?

Section 96A of the Town and Country Planning Act 1990 (TCPA 1990) allows local planning authorities (LPAs) to make changes to a planning permission...

29th Nov

COVID-19

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?

The Local Planning Authority (LPA) in this situation may be relying on the judgment in R v Coventry City Council Ex p Arrowcroft Group Plc, which is...

29th Nov

Q&As

Where an outline permission has been granted and a subsequent section 73 application to amend a condition of the outline permission is granted, there then exists two separate permissions. Can a reserved matters application be made pursuant to both the section 73 application and the original outline permission or does it have to be made pursuant to one permission only?

It is a fundamental principle of the planning system that a successful section 73 of the Town and Country Planning Act 1990 application will result in...

29th Nov

Amending planning permission

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Latest Planning News

New temporary permitted development rights in Wales to support economic recovery

Planning weekly highlights—8 April 2021

New permitted development rights for changes of use and expansion of public service infrastructure in England, as part of a package of measures to revitalise high streets

Planning weekly highlights—1 April 2021

Featured Planning content

Declaratory relief of planning decisions

Grounds of appeal—introducing new evidence

Planning conditions—the six tests

Section 215 notice requiring maintenance of land

Most recent Amending planning permission content

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