Implementing planning permission

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Energy performance certificates (EPCs)—what are they and when are they required?

Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures

Permitted development in England

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

Planning obligations—key points

This Practice Note should be read in conjunction with Practice Notes: The statutory test for section 106 agreements and interaction with Community

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

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 20th Oct

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...

15th Oct

Practice notes

Compulsory purchase—procedure

STOP PRESS: On 13 October 2020, the Welsh Government announced changes to the Planning Policy Wales and updated Circular guidance pursuant to...

15th Oct

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...

13th Oct

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...

2nd Oct

Practice notes

Public rights of way

Public rights of way (PROW) are highways that allow the public a legal right of passage. They have the same status and protection in law as highways...

29th Sep

Practice notes

Overriding easements and other rights

IntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining...

26th Sep

Practice notes

Operation of the Use Classes Order in Wales

The making of 'any material change in the use of any buildings or other land’ is ‘development’ for the purposes of section 55 of the Town and Country...

26th Sep

Practice notes

Determining planning applications—procedure

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

26th Sep

Practice notes

Planning—enforcement

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

26th Sep

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...

25th Sep

Practice notes

Powers to stop up and divert highways and footpaths

PurposeHighways can be stopped up if the area of highway is no longer needed, or when the land is needed for a development to take place. When a road...

25th Sep

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...

25th Sep

Practice notes

Works to trees, tree preservation orders and trees in conservation areas

Works to treesGenerally, work to trees does not constitute development under section 55 of the Town and Country Planning Act 1990 (TCPA 1990) so that...

25th Sep

Practice notes

Highways—adoption agreements

Powers to adoptThe Highways Act 1980 (HiA 1980) gives highway authorities the power to adopt new highways by agreement, places a duty on highway...

25th Sep

Practice notes

Types of planning enforcement

Where it appears to a local planning authority (LPA) that a breach of planning control has occurred, it has discretion to take enforcement action...

25th Sep

Most recent Implementing planning permission content

Q&As

If planning permission has been lawfully implemented (but the building is not substantially complete and only limited material works have been carried out), could the existing use of the building be considered the use authorised under the planning permission (despite this use not actually being in operation)?

Planning law distinguishes between the existing and the lawful use of land or buildings. For example, in the context of certificates of lawfulness of...

28th Sep

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?

We have assumed for the purposes of this Q&A that planning permission refers to land in England. Note that the position in Wales is different.Section...

Produced in partnership with Lucy Coe of Browne Jacobson 28th Sep

Q&As

Can a pre-commencement condition requiring approval from the local authority for works be discharged if it has been breached?

This Q&A considers the situation where a pre-commencement condition attached to a planning permission stipulating that the local authority must...

28th Sep

Q&As

If a commercial property is granted change of use, does that replace the previous use consent or add to it? For instance, if an A1 shop is granted consent to change use to A2, would consent be required if a later occupier wished to revert back to A1?

It is possible, and in fact common, for a number of different planning permissions to be granted for development on either the whole or parts of a...

28th Sep

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...

28th Sep

Q&As

Is the authorised planning use for a property determined by the latest implemented permission on that property?

Usually the ‘authorised’ planning use of a property is the use or uses permitted by any planning permissions which relate to the property, which have...

29th Sep

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 Sep

Q&As

I have secured planning permission but am not in a position to carry out the development before the time limit for commencement expires. What can I do to prevent having to apply for a new planning permission?

Time limits for commencement of developmentFull planning permission is usually granted subject to a condition requiring the development to be started...

29th Sep

Q&As

Can a planning condition or obligation prevent the implementation of a conflicting planning permission?

It is perfectly possible for two planning consents to be issued that are not mutually consistent.This may be by reason of a condition, obligation or...

Produced in partnership with Chris Willmore 29th Sep

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 Sep

Q&As

If a fresh planning application is made in relation to land that has the benefit of an existing planning consent, would it 'cancel out' the existing planning permission or would the existing permission remain if the subsequent application is refused or withdrawn?

Implementation of planning permissionThe first thing to check is whether the previous planning permission has been implemented. A previously granted...

29th Sep

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?

Breach of condition notices are governed by section 187A of the Town and Country Planning Act 1990 (TCPA 1990). TCPA 1990, s 187A applies where...

29th Sep

Q&As

Do section 106 monies have to be repaid where a planning permission was never validly implemented (as pre-commencement conditions were not discharged), but a certificate of lawfulness for existing use/development was obtained for the development?

Lawful development certificateA lawful development certificate (LDC) for existing use is a certificate issued by a local planning authority (LPA)...

29th Sep

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...

29th Sep

Practice notes