Implementing planning permission

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Latest Planning News

Planning weekly highlights—22 July 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—22 July 2021

Planning weekly highlights—15 July 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—15 July 2021

Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

The following Planning news provides comprehensive and up to date legal information on Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

Challenging traffic regulation orders—(experimental low traffic neighbourhood orders)—Road Traffic Regulation Act 1984; public sector equality duty and ‘due regard’ to Equality Act 2010 s149; adequacy of consultation with ‘other relevant organisations’—Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (R (oao Sheakh) v LB Lambeth)

Challenging traffic regulation orders—(experimental low traffic neighbourhood orders)—Road Traffic Regulation Act 1984; public sector equality duty and ‘due regard’ to Equality Act 2010 s149; adequacy of consultation with ‘other relevant organisations’—Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (R (oao Sheakh) v LB Lambeth)

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Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...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

Q&As

What is the difference between commencement of a development and implementation of a planning permission?

What is the difference between commencement of a development and implementation of a planning permission?In practical terms, the phrases ‘commencement...

21st Jun

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.

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...

6th Jun

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...

6th Jun

Q&As

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

Can a planning condition or obligation prevent the implementation of a conflicting planning permission?It is perfectly possible for two planning...

Produced in partnership with Chris Willmore 6th Jun

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...

Produced in partnership with Lucy Coe of Browne Jacobson 6th Jun

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...

6th Jun

Q&As

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

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...

5th Jun

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?

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...

5th Jun

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?

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...

5th Jun

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...

5th Jun

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)?

If planning permission has been lawfully implemented (but the building is not substantially complete and only limited material works have been carried...

5th Jun

Q&As

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

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

5th Jun

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...

5th Jun

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...

5th Jun

Q&As

Where a change of use planning permission for a large site is implemented by the new use on half of the site only with the other half remaining in the previous use, will the lawfulness of the new use over the whole site remain forever? In respect of the half of the site remaining in the previous use, can the new permitted use be lost or abandoned over time?

Where a change of use planning permission for a large site is implemented by the new use on half of the site only with the other half remaining in the...

5th Jun

Q&As

Can an application for approval of details reserved by condition following a grant of planning permission or listed building consent relate to land outside of the redline application site?

Can an application for approval of details reserved by condition following a grant of planning permission or listed building consent relate to land...

5th Jun

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?

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...

5th Jun

Practice notes

The interpretation of planning documents post Trump and Ashford

The interpretation of planning documents post Trump and AshfordInterpreting planning permission post Trump and AshfordInterpreting planning permission...

5th Jun

Practice notes

Implementing planning permission

Implementing planning permissionCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s...

5th Jun

Practice notes

Discharging planning conditions

Discharging planning conditionsCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s...

5th Jun

Implementing planning permission

View Planning by content type:

Latest Planning News

Planning weekly highlights—22 July 2021

Planning weekly highlights—15 July 2021

Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

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 Implementing planning permission content

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