Obtaining, amending and implementing planning permission

View Planning by content type:

Practice notes

Precedents

Q&As

Featured Planning content

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

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 Sep

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 29th Sep

Q&As

Can a planning permission granted some time ago be relied on in the absence of a legal challenge, even though its grant was ultra vires?

As a general rule, a decision of a local planning authority (LPA) to grant planning permission under the Town and Country Planning Act 1990 (TCPA...

29th Sep

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 Sep

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 Sep

Q&As

Can an inspector still determine a planning appeal where the applicant amends the red line from the original application?

Whether a planning inspector will determine an appeal on the basis of an application with a red line plan which has been amended since the original...

29th Sep

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...

29th Sep

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...

29th Sep

Practice notes

The public sector equality duty in planning and compulsory purchase decisions

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

29th Sep

Q&As

What planning considerations apply to safeguarded or protected wharves?

BackgroundSafeguarded wharves are wharves located in the London boroughs that are protected through formal safeguarding directions and planning policy...

29th Sep

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)...

29th Sep

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...

29th Sep

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...

2nd Oct

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 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

Q&As

In determining a planning application does a local planning authority determine whether a development is sustainable before deciding whether the tilted balance in paragraph 11(d) of the National Planning Policy Framework is engaged?

The tilted balance in paragraph 11(d) of the National Planning Policy Framework (NPPF) applies where there are no relevant development plan policies,...

Produced in partnership with Kevin Leigh of 33 Bedford Row 12th Oct

Q&As

Is it possible to amend the red line boundary of a planning permission through an application made under section 73 of the Town and Country Planning Act 1990, in circumstances where the change is minor, and where the size/boundary of the site is not stated in the description of the development?

Section 73 of the Town and Country Planning Act 1990 (TCPA 1990) (as amended) allows an application to be made to the local planning authority (LPA)...

13th 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

Environmental impact assessments—key points

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

13th Oct

Q&As

Can local planning authorities (LPAs) use plans submitted for planning applications for other purposes, for example plans for enforcement? If so, can the LPA amend those plans?

Signature Realty Ltd v Fortis Developments Ltd confirmed that architect drawings used to obtain planning permission can be sufficiently ‘original’ to...

Produced in partnership with Tracy Lovejoy LLB of Lanyon Bowdler LLP 13th Oct