When planning permission is required

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Latest Planning News

Planning weekly highlights—22 July 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—22 July 2021

Planning weekly highlights—15 July 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—15 July 2021

Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

The following Planning news provides comprehensive and up to date legal information on Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

Challenging traffic regulation orders—(experimental low traffic neighbourhood orders)—Road Traffic Regulation Act 1984; public sector equality duty and ‘due regard’ to Equality Act 2010 s149; adequacy of consultation with ‘other relevant organisations’—Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (R (oao Sheakh) v LB Lambeth)

Challenging traffic regulation orders—(experimental low traffic neighbourhood orders)—Road Traffic Regulation Act 1984; public sector equality duty and ‘due regard’ to Equality Act 2010 s149; adequacy of consultation with ‘other relevant organisations’—Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (R (oao Sheakh) v LB Lambeth)

Featured Planning content

What is the meaning of ‘principal elevation’ for the purposes of Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015?

‘Principal elevation’ is referred to in the exceptions and conditions to various permitted development rights in Part 1 of Schedule 2 to the Town and...

Planning policy in Wales

Planning policy is contained primarily within national policy documents and the development plan.Welsh national planning policy is contained...

Brexit—exiting the EU under Article 50 [Archived]

Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...

Building regulations—enforcement

Building regulations—enforcementThe Building Regulations 2010, SI 2010/2214 (the Building Regulations) are made under the Building Act 1984 (BA 1984)....

Q&As

Where there are separate section 52 and section 106 agreements over a property, and the council has confirmed that the section 106 has been discharged, is the section 52 also discharged?

A section 52 agreement is a set of planning obligations contained in the Town and Country Planning Act 1971 (TCPA 1971) relating to specific pieces of...

Produced in partnership with Abbie Pritchard-Hooper of IBLaw 19th May

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...

19th May

Practice notes

Material change of use

Material change of useControl of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is...

19th May

Practice notes

The EU Birds Directive—summary

The EU Birds Directive—summaryThe EU Birds Directive—summaryEU Council Directive 2009/147/EC on the conservation of wild birds (OJ L 20, 26.1.2010)...

19th May

Practice notes

Implementing a CPO—notice to treat and General Vesting Declaration

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

19th May

Practice notes

What is a town or village green?

The existence of a town or village green (TVG) may restrict or even prevent development. It is a criminal offence to disturb or interfere with the use...

Produced in partnership with Stephen Morgan of Landmark Chambers 19th May

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)...

19th May

Practice notes

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...

19th May

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...

19th May

Practice notes

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...

19th May

Practice notes

Presumption in favour of sustainable development

Presumption in favour of sustainable developmentPolicy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published...

19th May

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...

19th May

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 19th May

Practice notes

The Crichel Down Rules

The Crichel Down Rules (the Rules) require that in certain circumstances, surplus government land that was acquired by, or under a threat of,...

19th May

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...

19th May

Practice notes

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...

19th May

Most recent When planning permission is required content

Q&As

If a planning officer has informally indicated that a trench excavated by a developer constitutes commencement of development, can the council refuse a subsequent certificate of lawfulness application because it considers the same trench de minimis and insufficient to trigger commencement?

If a planning officer has informally indicated that a trench excavated by a developer constitutes commencement of development, can the council refuse...

Produced in partnership with Jo Hannah of Winckworth Sherwood 13th Jul

Q&As

Should the local planning authority (LPA) allow residents to trail their own electric charging cables from their properties across footways and highways to charge electric vehicles? What are the planning implications of this practice and how should the LPA deal with it?

Should the local planning authority (LPA) allow residents to trail their own electric charging cables from their properties across footways and...

23rd Jun

Q&As

Would planning permission and/or building regulations approval be required for the installation of a sewage treatment plant to replace an old septic tank?

Would planning permission and/or building regulations approval be required for the installation of a sewage treatment plant to replace an old septic...

18th Jun

Q&As

If the 'Permitted Use' clause within a lease states 'use as a retail shop or shops within the meaning of Classes A1 of the Town and Country Planning (Use Classes) Order 1987', would this cover any use within Class A1 (shops) or would it just cover use for the retail sale of goods within Class A1(a)?

If the 'Permitted Use' clause within a lease states 'use as a retail shop or shops within the meaning of Classes A1 of the Town and Country Planning...

6th Jun

Q&As

Under the Town and Country Planning (Use Classes) Order 1987, when would an accountant's practice (or any other professional practice) be considered anything other than use within class A2?

Under the Town and Country Planning (Use Classes) Order 1987, when would an accountant's practice (or any other professional practice) be considered...

Produced in partnership with David Brammer 6th Jun

Q&As

How do permitted development rights apply to home extension when the house has already been extended?

How do permitted development rights apply to home extension when the house has already been extended?A number of permitted development rights exist to...

6th Jun

Q&As

Would a graphic design agency fall under A2 use class or B1 use class?

Would a graphic design agency fall under A2 use class or B1 use class?See Practice Note: Operation of the Use Classes Order in Wales for general...

6th Jun

Q&As

What ‘use class’ would a care home fall under?

What ‘use class’ would a care home fall under?ContextThe Town and Country Planning (Use Classes) Order 1987 (the Use Classes Order), SI 1987/764 puts...

6th Jun

Q&As

How are the entry provisions in section 26 of the Caravan Sites and Control of Development Act 1960 to be interpreted? Do officers have a right of entry unless it is specifically refused and provided it is at a reasonable hour? Or does an officer need consent to obtain entry and if that is not given, then must the officer give 24 hours’ notice?

How are the entry provisions in section 26 of the Caravan Sites and Control of Development Act 1960 to be interpreted? Do officers have a right of...

Produced in partnership with Tracy Lovejoy LLB of Lanyon Bowdler LLP 6th Jun

Q&As

In relation to loft conversions, is there any guidance on the restriction that no part of the dwellinghouse can, as a result of the works, extend beyond the plane of any existing roof slope which forms the principal elevation of the dwellinghouse and fronts a highway?

In relation to loft conversions, is there any guidance on the restriction that no part of the dwellinghouse can, as a result of the works, extend...

6th Jun

Q&As

If there is planning permission for construction of a dwelling, and that planning permission does not authorise a porch, can a porch be added during the construction of the dwelling under permitted development rights, or does the developer have to wait until the build is complete and the dwelling occupied before the porch can be added?

If there is planning permission for construction of a dwelling, and that planning permission does not authorise a porch, can a porch be added during...

Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 6th Jun

Q&As

The local planning authority has received an application for certificate of lawfulness for proposed development under section 192 of the Town and Country Planning Act 1990 proposing the demolition and rebuilding of a dwellinghouse (like for like) due to an insurance claim regarding subsidence damage to the property. Could this proposed development fall under permitted development rights?

The local planning authority has received an application for certificate of lawfulness for proposed development under section 192 of the Town and...

6th Jun

Q&As

How can an agricultural tie be lifted? And if it is done so by an application for a certificate of lawfulness, what are the requirements?

How can an agricultural tie be lifted? And if it is done so by an application for a certificate of lawfulness, what are the requirements?An...

6th Jun

Q&As

Is planning permission required to use land for an allotment?

Is planning permission required to use land for an allotment?Planning permission is required for 'development' within the meaning of section 55 of the...

6th Jun

Q&As

Would a tattoo parlour/studio fall under the new Use Class E ('any other services which it is appropriate to provide in a commercial, business or service locality') of the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020, or is it likely to be sui generis?

Would a tattoo parlour/studio fall under the new Use Class E ('any other services which it is appropriate to provide in a commercial, business or...

6th Jun

Q&As

Under what power (via Highways Act 1980 or other legislation or means) can the local authority, who is also the highway authority, issue a licence/lease for a company to erect billboard size advertising on highway land, ie a roundabout?

Under what power (via Highways Act 1980 or other legislation or means) can the local authority, who is also the highway authority, issue a...

6th Jun

Q&As

For a prior approval which was deemed granted and then appealed, is there a pause on the time for completion of the development during that appeal?

For a prior approval which was deemed granted and then appealed, is there a pause on the time for completion of the development during that appeal?We...

6th Jun

Q&As

Once the time for objections to a new article 4 direction has expired, can a member of the public do anything else to try and stop the article 4 direction coming into force?

Once the time for objections to a new article 4 direction has expired, can a member of the public do anything else to try and stop the article 4...

6th Jun

Q&As

Is planning permission required for PRC repair work to a property?

Is planning permission required for PRC repair work to a property?This Q&A covers the situation where Pre-Cast Reinforced Concrete (PRC) repair work...

Produced in partnership with Christine Willmore of University of Bristol Law School 6th Jun

Q&As

Are flats included in the definition of ‘dwellinghouse’ for the purposes of section 55(3)(a) of the Town and Country Planning Act 1990?

Are flats included in the definition of ‘dwellinghouse’ for the purposes of section 55(3)(a) of the Town and Country Planning Act 1990?Section 55 of...

6th Jun

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When planning permission is required

View Planning by content type:

Latest Planning News

Planning weekly highlights—22 July 2021

Planning weekly highlights—15 July 2021

Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

Featured Planning content

What is the meaning of ‘principal elevation’ for the purposes of Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015?

Planning policy in Wales

Brexit—exiting the EU under Article 50 [Archived]

Building regulations—enforcement

Most recent When planning permission is required content

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