Obtaining, amending and implementing planning permission

Practice notes

Planning performance agreements

What is a planning performance agreement?Planning performance agreements (PPA) are optional memorandum of understanding or agreements between an...

8th Apr

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...

8th Apr

Practice notes

Environment Agency guidance for planning applications in England

IntroductionPlanning applications have to be determined in accordance with the development plan, unless material considerations indicate otherwise....

8th Apr

Practice notes

Planning fees

Planning-related fees are charged so that developers, rather than taxpayers in general, meet the costs incurred by local planning authorities (LPAs)...

8th Apr

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...

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

Q&As

When determining a planning application, how much weight can a local planning authority (LPA) give to a document which is outside the development plan, not a development plan document and does not fall under any of the planning acts? Can the LPA give weight to other council strategies as a material planning consideration, such as the Council Plan or a strategy for the future of the city that sets out a long term vision for growth and other projects?

A material consideration is one which is relevant to the determination of the planning application. The concept of materiality for the purposes of...

6th Apr

Practice notes

Heritage issues in determining planning applications

Statutory duty to consider heritage impacts in determining planning applicationsSection 66 of the Planning (Listed Buildings and Conservation Areas)...

22nd Mar

Q&As

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

There is no statutory basis which expressly permits or prohibits an applicant amending the red line on a planning application before it is determined....

11th Mar

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)...

3rd Mar

Practice notes

Permission for nationally significant infrastructure projects

The Planning Act 2008 (PA 2008) received Royal Assent on 26 November 2008. PA 2008 reformed the planning application process in England and Wales to...

3rd Mar

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

Practice notes

LPA consultation and publicity for planning applications

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

1st Mar

Q&As

Can planning permission be granted in the UK to a company incorporated in the British Virgin Islands? An application has been made via a UK-based agent acting on behalf of the applicant.

Anyone can make a planning application for the development of land. The applicant does not need to own the land to which the applicatio...

19th Feb

Q&As

To what extent is waste collection a material consideration in determining a planning application and is there a planning mechanism by which a Council could ensure ongoing waste management by a private collection company?

We refer you to Practice Note: Determining planning applications—material considerations, which sets out the tests for material considerations...

15th Feb

Q&As

Where an ownership certificate submitted in respect of a planning application has been challenged, what duty is a local planning authority under to undertake enquiries regarding its validity?

Section 65(5) of the Town and Country Planning Act 1990 (TCPA 1990) provides that:•a development order can make provisions requiring notice to be...

15th Feb

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?

The Court of Appeal case of Finney v Welsh Minsters established that section 73 of the Town and Country Planning Act 1990 (TCPA 1990) cannot be...

Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 12th Feb

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...

22nd Jan

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...

22nd Jan

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