Obtaining, amending and implementing planning permission

View Planning by content type:

News

Practice notes

Precedents

Q&As

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 Obtaining, amending and implementing planning permission content

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

Does a grant of prior approval for change of use to residential establish a site's use as residential when looking at a further planning application for the site?

A 'fall-back' development such as development for which permitted development rights are available is capable of constituting a material consideration...

20th 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

What is the legal status of pre-application planning advice for which a fee is paid? Is there a duty of care leading to liability in negligence or contract in the event of an officer failing to identify a constraint which turns out to be fatal to the proposed development?

The short answer is that a local planning authority (LPA) is not liable in negligence for any shortcomings in pre-application advice it provides, even...

Produced in partnership with Kevin Leigh of No 5 Chambers 8th Jan

Q&As

Under Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, reg 9A, if an extended period is agreed by the applicant and LPA (and therefore falls within the exception in reg 9A(2)(a)), is the fee not repayable at all, or is it still to be repaid if the application is not determined within the extended timescale agreed?

Regulation 9A(1) of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012...

Produced in partnership with Laura Hughes of Browne Jacobson 8th Jan

Q&As

In relation to agricultural ties, to what extent does the occupier need to be engaged in employment for the purposes of the Town and Country Planning Act 1971 and Town and Country Planning Act 1990?

In answering this Q&A, we have assumed the condition in question is an agricultural occupancy condition imposed on a dwelling house before the Town...

Produced in partnership with Joanne Hannah of Winkworth Sherwood LLP 8th Jan

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 8th Jan

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 8th Jan

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 8th Jan

Q&As

Can a local planning authority withdraw its decision to refuse planning permission once it has been issued, and then re-issue the decision at a future date?

When a local planning authority (LPA) issues a consent, it becomes functus officio so one cannot withdraw/alter the permission (even if issued...

Produced in partnership with Kevin Leigh of 33 Bedford Row 8th Jan

Q&As

Can a location plan have two red edges showing the main proposed development site and the proposed temporary construction compound sited at a distance from the main site?

There is no reason in principle for different but connected sites to be shown as part of a planning application including where one of them will only...

Produced in partnership with Kevin Leigh of 42 Bedford Row 8th 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

Where planning permission has been granted for an extension to a house, does the fact that the red line plan accompanying the permission encroaches onto neighbouring land by mistake invalidate the permission?

It is an established principle of planning law that any person can apply for planning permission for the development of land, irrespective of whether...

29th Nov

Q&As

A taller building has been built beside a shorter building. The surface water runoff from the higher building is causing flooding or maintenance problems for the shorter building. Are there are requirements that should have been taken into account when the taller building was built?

Subject to exemptions, building work is required to be carried out in compliance with the applicable requirements in the Building Regulations 2010, SI...

29th Nov

Q&As

If a planning application has been submitted to the council and is awaiting their determination, can the name of the applicant be amended at any point up to the date of the decision?

The Planning Portal has a function to amend a planning application that has already been submitted. Changes to the form and documentation may be...

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

Can a decision to validate a planning application which fails to comply with certain local validation requirements be challenged by judicial review?

Whether a decision to validate a planning application can be challenged by judicial review will depend on the particular circumstances.Section 327A of...

29th Nov

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...

29th Nov

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...

29th Nov

COVID-19