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High Court quashes permission granted under section 73 of the Town and Country Planning Act 1990 (R (on the application of Parkview Homes) v Chichester District Council)

High Court quashes permission granted under section 73 of the Town and Country Planning Act 1990 (R (on the application of Parkview Homes) v Chichester District Council)

High Court quashes permission granted under section 73 of the Town and Country Planning Act 1990 (R (on the application of Parkview Homes) v Chichester District Council)

Planning weekly highlights—21 January 2021

Planning weekly highlights—21 January 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—21 January 2021

Court of Appeal confirms that relevant local plan policy can prevent application of tilted balance in NPPF (Paul Newman Homes v SSHCLG)

Court of Appeal confirms that relevant local plan policy can prevent application of tilted balance in NPPF (Paul Newman Homes v SSHCLG)

The following Local Government news provides comprehensive and up to date legal information on Court of Appeal confirms that relevant local plan policy can prevent application of tilted balance in NPPF (Paul Newman Homes v SSHCLG)

Indirect effects—the scope of the environmental impact assessment (Finch v Surrey County Council)

Indirect effects—the scope of the environmental impact assessment (Finch v Surrey County Council)

The following Environment news provides comprehensive and up to date legal information on Indirect effects—the scope of the environmental impact assessment (Finch v Surrey County Council)

Featured Planning content

Declaratory relief of planning decisions

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

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

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

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...
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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...
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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...
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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...
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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....
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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...
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9th Nov
tag iconBrexit
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:...
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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...
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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...
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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...
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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...
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Produced in partnership with Laura Bolado 12th Jan
tag iconBrexit
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...
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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...
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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)...
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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...
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Produced in partnership with Stephen Morgan of Landmark Chambers 12th Jan

Most recent Hazardous substances content

Practice notes

Hazardous substances and planning

Hazardous substancesHazardous substances include certain quantities of specified substances considered dangerous to human health and the environment....
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Produced in partnership with Stephen Morgan of Landmark Chambers 15th Jan
Practice notes

Hazardous substance zones and consent

Legislation and guidanceHazardous substances consents (HSCs) are regulated by the Planning (Hazardous Substances) Act 1990 (P(HS)A 1990), the Planning...
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15th Jan
Q&As

What permits and consents are required to put an existing gas holder back in use?

This Q&A refers to a large above ground container in which gas is stored.Permits and consents to store gasHazardous substances consentOwners and...
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24th Dec

Popular documents

LEXISNEXIS

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)

This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural

LEXISNEXIS

Voluntary manslaughter

Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide

LEXISNEXIS

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a

LEXISNEXIS

Negative pledges

This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere