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Latest Planning News

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 Housing content

Q&As

If a planning application refers to the development of some social housing within a scheme, but the approval does not include a planning obligation condition requiring the provision of social housing, can a developer implement the permission for the private market?

The planning application making reference to the development of some social housing within the scheme does not mean that the council is obliged to...
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Produced in partnership with Abigail Pritchard-Hooper of Lanyon Bowdler 22nd Jan
Q&As

The definition of ‘affordable housing’ set out in Annex 2 of the National Planning Policy Framework states that affordable housing includes discounted market sales housing, which is housing ‘sold at a discount of at least 20% below local market value’. What is the meaning of ‘local market value’ in this context?

The National Planning Policy Framework (NPPF) defines discounted market sales housing as housing ‘sold at a discount of at least 20% below local...
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Produced in partnership with Emily Knowles and Sarah Rhodes of Sharpe Pritchard LLP 22nd Jan
Practice notes

Objectively assessed need and housing land supply in the NPPF

The policy backgroundIn 2012, the original version of the National Planning Policy Framework (2012 NPPF) came into force in England. It required inter...
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Produced in partnership with Josef Cannon of Cornerstone Barristers 21st Jan
Practice notes

Affordable housing

Affordable housing is housing provided to those who are struggling with their housing costs and whose housing needs are not met by the market....
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20th Jan
Practice notes

Vacant building credit

What is the vacant building credit?Under national planning policy in the National Planning Policy Framework (NPPF), to support the re-use of...
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20th Jan
Practice notes

Viability in planning decision-taking—comprehensive guidance

Contents•Context•Overview of viability in planning•National planning policy and guidance•Viability assessments in practice•Appeals•Section 106...
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Produced in partnership with Charlotte Gorst and Thomas Evans of Gerald Eve LLP 15th Jan
Practice notes

Starter homes policy and the Housing and Planning Act 2016

Starter homes policy2014 starter homes consultationIn December 2014 the government first announced its intention to launch a new starter homes scheme,...
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15th Jan
Practice notes

Objectively assessed need and housing land supply in the 2012 NPPF [Archived]

This archived Practice Note discusses the requirement in the National Planning Policy Framework (NPPF) as first published in 2012 (the 2012 NPPF) for...
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Produced in partnership with Josef Cannon of Cornerstone Barristers 15th Jan
Practice notes

Self-build and custom housebuilding

Self-build and custom housebuilding (SCH) is an important element of the government's planning strategy for housing. The purpose of the Self-build and...
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15th Jan
Practice notes

Build to Rent schemes—key features

This Practice Note:•discusses the development of the large scale private rented sector (PRS)•considers the Government’s incentive package for Build to...
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15th Jan
tag iconIn-house
Q&As

Are new permitted development rights proposed to be introduced in 2017, in particular in relation to Use Class C3 (dwelling houses)?

There are currently several new permitted development rights which are currently being considered by the Government for implementation.The response to...
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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 8th Jan
Practice notes

Housing—Optional Technical Standards

What are the optional technical housing standards?In March 2015, following consultation on accessible design standards, the government issued policy...
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29th Nov
Practice notes

2012 NPPF and housing assessment [Archived]

IntroductionThis archived Practice Note discusses the requirement in the National Planning Policy Framework as first published in 2012 (the 2012 NPPF)...
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29th Nov

Popular documents

LEXISNEXIS

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016

The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. Office-holders have various duties and powers in order to ensure that they do this. For

LEXISNEXIS

Tort—the different types of tort

This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product

LEXISNEXIS

Third party rights—the common law doctrine of privity of contract

This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third

LEXISNEXIS

Promissory estoppel

For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal