Permitted development

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The need for accurate plans and interpretation of planning conditions (Choiceplace Properties v Secretary of State for Housing, Communities and Local Government)

Planning weekly highlights—13 May 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—13 May 2021

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

The following Construction news provides comprehensive and up to date legal information on CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Planning weekly highlights—6 May 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—6 May 2021

Featured Planning content

Compulsory purchase—compensation

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

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)...

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...

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...

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

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

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

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

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

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

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

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

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

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

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

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...

9th Nov

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...

9th Nov

Practice notes

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...

9th Nov

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...

9th Nov

Most recent Permitted development content

Practice notes

Permitted development rights for renewable energy technologies

Permitted development rights for renewable energy technologiesThe Town and Country Planning (General Permitted Development Order) 1995, SI 1995/418...

15th May

Practice notes

Planning issues in telecommunications

Planning issues in telecommunicationsPermitted development rights for telecommunication developmentCertain forms of telecommunication development, eg...

15th May

Practice notes

Planning issues in demolition

Planning issues in demolitionPlanning permission—does demolition count as 'development'?Under section 55(1) of the Town and Country Planning Act 1990...

15th May

Q&As

In relation to caravan sites, where there is a site approved by an exempted organisation under paragraph 5 of Schedule 1 to the Caravan Sites and Control of Development Act 1960, can enforcement action be undertaken by a Local Planning Authority if the site goes beyond what the exemption allows for? Would the site still benefit from General Permitted Development Order rights?

In relation to caravan sites, where there is a site approved by an exempted organisation under paragraph 5 of Schedule 1 to the Caravan Sites and...

12th May

Practice notes

Permitted development in Wales

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

4th May

Practice notes

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...

4th May

Practice notes

Lawful development certificates

What is a lawful development certificate?A lawful development certificate (LDC) is a certificate issued by a local planning authority (LPA) under...

12th Apr

Q&As

What is the definition of ‘highway adjacent’ in the context of permitted development rights for the erection of a gate?

The Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO), SI 2015/596, Sch 2 Pt 2, Class A grants permitted...

9th Apr

Practice notes

The interpretation of planning documents post Trump and Ashford

Interpreting planning permission post Trump and AshfordInterpreting planning permission by reference to application documents and extrinsic...

8th Apr

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...

8th Apr

Practice notes

Enterprise Zones

What is an Enterprise Zone?Enterprise Zones (EZs) are designated areas of land that offer a range of benefits to businesses, with the aim of...

8th Apr

Practice notes

Permitted development rights and the prior approval system

Permitted development rightsSection 57(1) of the Town and Country Planning Act 1990 (TCPA 1990) establishes that planning permission is required for...

8th Apr

Practice notes

Planning issues for Crown land

Background to Crown’s immunity from development controlIn 1992, the government decided to progressively remove any immunities protecting government...

8th Apr

Practice notes

Article 4 directions

Article 4 directions can be used by local planning authorities (LPAs) to withdraw permitted development rights that would otherwise apply by virtue of...

8th Apr

Practice notes

Planning for conservatories, garages and lofts

Many small domestic extensions to dwellinghouses benefit from permitted development rights and do not require planning permission if they meet...

8th Apr

Practice notes

Agricultural buildings and land: permitted development rights

This Practice Note looks at certain of the permitted development rights in England under Part 6 of Schedule 2 to the Town and Country Planning...

Produced in partnership with Martha Grekos of Martha Grekos Consultancy Limited 8th Apr

Practice notes

Permitted development rights for larger house extensions in England

Permitted development in EnglandThe Town and Country Planning (General Permitted Development) Order 2015, SI 2015/596 (the GPDO) provides a number of...

8th Apr

Q&As

Is it possible to enter into a deed under section 106 of the Town and Country Planning Act 1990 for development carried out under permitted development rights, in a scenario the development would not be a permitted development because of the need for an Environmental Impact Assessment (EIA), but if mitigation put forward in a s 106 deed could be secured, no EIA would be required?

The Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO), SI 2015/596, art 3(1), grants planning permission for...

22nd Mar

Q&As

Is the Rights: Community: Action appeal of the Use Classes changes judicial review judgment going ahead, and if so, when it will be heard?

As you will be aware, Rights Community Action's application for judicial review of the introduction of the statutory instruments made in July 2020...

24th Feb

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?

The procedural requirements for making an article 4 direction are set out in Schedule 3 to the Town and Country Planning (General Permitted...

22nd Jan

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Permitted development

View Planning by content type:

Latest Planning News

The need for accurate plans and interpretation of planning conditions (Choiceplace Properties v Secretary of State for Housing, Communities and Local Government)

Planning weekly highlights—13 May 2021

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Planning weekly highlights—6 May 2021

Featured Planning content

Compulsory purchase—compensation

Purchase notices

Local Development Orders

Presumption in favour of sustainable development

Most recent Permitted development content

Popular documents

Introduction to passing off

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Commercial Property Standard Enquiries (CPSE)—environmental and health and safety enquiries

What is a tort?

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