Obtaining, amending and 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 Obtaining, amending and implementing planning permission content

Practice notes

Permission in principle

What is permission in principle (PiP)?The Housing and Planning Act 2016 (HPA 2016) introduced PiP, a type of automatic consent for housing-led...

28th Sep

Q&As

Where planning permission has been granted subject to section 106 being completed and further material considerations arise prior to planning permission being granted, will a new decision need to be taken based on the new considerations? If yes, can previous material considerations from the original decision be reviewed again?

Until a planning decision notice is issued, there is no lawful consent, simply a resolution to grant—see R v W Oxfordshire DC ex p Pearce Homes. In...

Produced in partnership with Kevin Leigh of 33 Bedford Row 28th Sep

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 28th Sep

Q&As

A third party has made a planning application over land owned by my client, including Certificate (A) stating that the third party owns the land. Full permission has now been granted—does my client have any recourse?

Requirement for ownership certificatesUnder the Town and Country Planning (Development Management Procedure) (England) Order 2010, articles 11 and 12,...

28th Sep

Q&As

Does an email constitute good service for notifying an applicant as to whether permission for a development is denied or refused under the Town and Country Planning (General Permitted Development) (England) Order 2015?

As indicated, the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 provides a number of instances whereby a...

28th Sep

Q&As

When a planning permission has been granted subject to section 106 being prepared, but in the interim a new material consideration materialises, it is accepted that specific material consideration should be determined however who should be consulted? Is it just those that are affected by the new material consideration?

There is a duty on local planning authorities (LPA) under section 70(2) of the Town and Country Planning Act 1990 to take into account the development...

Produced in partnership with Tracy Lovejoy of Lanyon Bowdler 28th Sep

Q&As

Is a planning permission valid if it is dated but not signed by local authority?

The statutory requirements relating to the determination of planning applications are set out in:•the Town and Country Planning (Development...

28th Sep

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

Can a local planning authority issue a decision on the planning application if the applicant has appealed against non-determination and the appeal is awaiting validation?

Following the non-determination by a local planning authority (LPA) of an application for planning permission, the applicant can appeal the...

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 contractor start building before planning permission is granted?

Occasionally, an employer/developer might ask its contractor to start building work before planning permission for the project has been granted by the...

28th Sep

Q&As

When outline planning permission imposes no conditions in respect of a particular issue (such as tree protection measures), does this mean that tree protection measures cannot be addressed at reserved matters stage?

For the purposes of this answer it is assumed that reserved matters are reserved. Outline and reserved matters conditions vary widely and...

Produced in partnership with Tracy Lovejoy of Lanyon Bowdler 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

Are planning permissions, granted under Regulation 3 of the Town and Country Planning General Regulations 1992, for the benefit of the applicant only? ie permissions are personal and do not run with the land where it is transferred.

The answer to this question will depend upon the nature of the authority involved.The Town and Country Planning General Regulations 1992, SI 1992/1492...

Produced in partnership with Christine Willmore of University of Bristol Law School 28th Sep

Q&As

Is there any guidance or case law on the potential remedies that exist where a third party has lodged a pre-application planning application in respect of a property which the owner believes may diminish the value or development potential of the property? Is a third party making a pre-application planning application required to notify the owner?

When referring to a pre-application planning application being lodged, it has been assumed to mean that a third party has made a request for...

28th Sep

Q&As

What is the ‘additional period’ referred to in section 78(A) of the Town and Country Planning Act 1990 and does the provision apply in England?

Section 78A of the Town and Country Planning Act 1990 (TCPA 1990) allows a local planning authority (LPA) in certain circumstances to continue to...

28th Sep

Q&As

What would be the impact on a planning appeal of ongoing judicial review proceedings where those proceedings challenge a Government statement of planning policy which is a material consideration in the appeal?

Unless the statement of planning policy has been quashed by a decision of the court, the fact that a particular policy statement is the subject of an...

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

In respect of an appeal of a refusal to grant planning permission, are there any statutory or procedural rules which prohibit additional reasons for refusal from being introduced during the appeal process?

There are no statutory restrictions preventing a local planning authority from asserting after an appeal has been made, that since refusing permission...

Produced in partnership with Kevin Leigh of No 5 Chambers 28th Sep

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...

28th Sep