Amending planning permission

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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)

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

Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)

The following Local Government news provides comprehensive and up to date legal information on Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)

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?

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Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...

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...

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...

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...

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)...

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...

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...

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)...

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...

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...

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...

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...

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...

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...

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,...

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...

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...

19th May

Most recent Amending planning permission content

Q&As

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

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

1st Aug

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?

If a planning application refers to the development of some social housing within a scheme, but the approval does not include a planning obligation...

Produced in partnership with Abigail Pritchard-Hooper of Lanyon Bowdler 1st 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...

1st Aug

Q&As

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

Are there any restrictions on amending the red line on a planning application before it is determined?There is no statutory basis which expressly...

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...

1st Aug

COVID-19

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?

Where an outline permission has been granted and a subsequent section 73 application to amend a condition of the outline permission is granted, there...

1st Aug

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?

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...

Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 1st Aug

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 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...

Produced in partnership with Jo Hannah of Winckworth Sherwood 1st 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...

1st 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...

1st Aug

Q&As

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

Is it possible to extend the time period for implementation of a planning permission?All planning permissions are subject to a condition which...

1st Aug

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?

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...

1st 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...

Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 1st Aug

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?

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...

1st Aug

Practice notes

Scope for scheme amendments once planning permission is granted

Scope for scheme amendments once planning permission is grantedDeciding which approach to scheme amendments to takeOnce planning permission for...

31st Jul

Practice notes

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

Amending a planning permission, retrospective planning permission and revocation of planning permissionCoronavirus (COVID-19): This Practice Note...

31st Jul

Practice notes

Agricultural occupancy conditions

Agricultural occupancy conditionsWhat is an agricultural occupancy condition?A dwellinghouse can be constructed in the countryside only in very...

31st Jul

Practice notes

Making changes to Development Consent Orders

Making changes to Development Consent OrdersCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the...

31st Jul

Amending planning permission

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Latest Planning News

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)

Planning weekly highlights—29 July 2021

Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)

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?

Planning policy in Wales

Brexit—exiting the EU under Article 50 [Archived]

Building regulations—enforcement

Most recent Amending planning permission content

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