Implementing planning permission

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Latest Planning News

New temporary permitted development rights in Wales to support economic recovery

The following Planning news provides comprehensive and up to date legal information on New temporary permitted development rights in Wales to support economic recovery

Planning weekly highlights—8 April 2021

The following Planning news provides comprehensive and up to date legal information on 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

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—1 April 2021

Featured Planning content

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...

Grounds of appeal—introducing new evidence

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

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...

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

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

9th Nov

Practice notes

Overview of the EU legal system

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

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 Implementing planning permission content

Practice notes

The interpretation of planning documents post Trump and Ashford

Interpreting planning permission post Trump and AshfordInterpreting planning permission by reference to application documents and extrinsic...

8th Apr

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...

8th Apr

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...

8th Apr

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?

This question involves the consideration of, and interaction between, the fundamental planning principles of implementation, change of use, the...

6th Apr

Practice notes

Discharging reserved matters conditions on outline planning permissions

What are reserved matters?An outline planning permission provides a decision on the general principles of how a site can be developed. Outline...

2nd Mar

Practice notes

Discharging planning conditions

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

1st Mar

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...

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

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...

22nd Jan

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 22nd Jan

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...

22nd Jan

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)...

15th Jan

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 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 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

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 Nov

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...

29th Nov

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 Nov

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...

29th Nov

Implementing 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 Implementing planning permission content

Popular documents

The doctrine of res judicata

Wounding or causing grievous bodily harm with intent

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