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Latest Planning News

Planning weekly highlights—23 September 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—23 September 2021

Planning weekly highlights—16 September 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—16 September 2021

Actual use required for ten years immunity material change of use (Hedges v SoSHCLG)

The following Local Government news provides comprehensive and up to date legal information on Actual use required for ten years immunity material change of use (Hedges v SoSHCLG)

New remedies in judicial review cases—implications for planning

The following Environment news provides comprehensive and up to date legal information on New remedies in judicial review cases—implications for planning

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Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...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

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

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

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 Q&As content

Q&As

Where a developer carries out highways works under a section 278 agreement that omits the typical express adoption clause, is formal adoption or dedication of the works necessary or can adoption of the section 278 works be implied from section 36(2)(a) of the Highways Act 1980 and section 278 itself?

Where a developer carries out highways works under a section 278 agreement that omits the typical express adoption clause, is formal adoption or...

22nd Sep

Q&As

Are there any consequences if a council does not deliver a new local plan upon the expiry of the current one? Are there any avenues for a legal challenge against the council if the current local plan specifically includes a policy under which it states that the council will prepare and submit a new local plan by a specific date? What is the process for saving policies in the current plan by the expiry date?

Are there any consequences if a council does not deliver a new local plan upon the expiry of the current one? Are there any avenues for a legal...

Produced in partnership with James Ryan of Acuity Law 22nd Sep

Q&As

What constitutes (or is a prescribed definition of) ‘curtilage’ where pertaining to a listed building?

What constitutes (or is a prescribed definition of) ‘curtilage’ where pertaining to a listed building?The word ‘curtilage’ is used frequently in a...

Produced in partnership with James Ryan of Carbon Law 22nd Sep

Q&As

If the mining code (Parts II and III of Schedule 2 to the Acquisition of Land Act 1981) is not incorporated within a compulsory purchase order, then will the mines and minerals of that the land become included within the CPO?

If the mining code (Parts II and III of Schedule 2 to the Acquisition of Land Act 1981) is not incorporated within a compulsory purchase order, then...

22nd Sep

Q&As

When does the ability to apply for a certificate of appropriate alternative development arise when an interest is proposed to be acquired pursuant to a development consent order?

When does the ability to apply for a certificate of appropriate alternative development arise when an interest is proposed to be acquired pursuant to...

22nd Sep

Q&As

Where planning permission is granted subject to various planning conditions, including a condition to submit a construction management plan stipulating hours of construction, and that condition was subsequently discharged, can a developer apply to add a condition under section 96A of the Town and Country Planning Act 1990 to increase the hours of construction following the MHCLG guidance issued on 13 May 2020?

Where planning permission is granted subject to various planning conditions, including a condition to submit a construction management plan...

22nd Sep

COVID-19

Q&As

Is it possible to apply for a lawful development certificate for a breach of a planning condition which restricts occupation of an outbuilding as an annex where the condition is also repeated on the listed building consent for the property? Or does the fact that the listed building consent contains the same condition effectively preclude an LDC application being made?

Is it possible to apply for a lawful development certificate for a breach of a planning condition which restricts occupation of an outbuilding as an...

Produced in partnership with Jo Hannah of Winckworth Sherwood 21st Sep

Q&As

Section 100 of the Highways Act 1980 gives a highway authority the right to place drains in adjoining land provided compensation is paid to the landowner for any damage caused. Does this mean that the authority does not have to pay for the right to have a drain in the adjoining property but only has to pay compensation for any damage to the land that the authority causes to make good following laying the pipe?

Section 100 of the Highways Act 1980 gives a highway authority the right to place drains in adjoining land provided compensation is paid to the...

20th Sep

Q&As

What are considered the leading cases on 'adequate alternative remedy' in judicial review proceedings?

What are considered the leading cases on 'adequate alternative remedy' in judicial review proceedings?Judicial review is considered to be a remedy of...

Produced in partnership with Jamas Hodivala of Matrix Chambers 17th Sep

Q&As

Does a diesel generator and associated tank, providing back up power to a commercial office, require planning permission? Is an unroofed walled compound containing the generator a 'building' for the purposes of the Town and Country Planning Act 1990? Is planning permission required for like-for-like upgrades of the generator if there are no alterations to the walls of the compound?

Does a diesel generator and associated tank, providing back up power to a commercial office, require planning permission? Is an unroofed walled...

31st Aug

Q&As

Should an application for a Certificate of Lawfulness of Proposed Use or Development (CLOPUD) be refused if the proposed development would be in breach of a condition to an existing permission requiring development to be in accordance with approved plans? The CLOPUD application proposes a different internal layout (to include an additional bedroom) from the approved plans of the earlier permission.

Should an application for a Certificate of Lawfulness of Proposed Use or Development (CLOPUD) be refused if the proposed development would be in...

Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 27th Aug

Q&As

What are the duties on a Highway Authority regarding public consultation of proposed highways schemes? Where the scheme is to be undertaken on roads which are currently unadopted, can the Authority commence consultation on the scheme while an adoption process is underway under either section 31 or 228 of the Highways Act 1980?

What are the duties on a Highway Authority regarding public consultation of proposed highways schemes? Where the scheme is to be undertaken on roads...

20th Aug

Q&As

Where a solicitor’s retainer does not include a specified obligation to advise in relation to Community Infrastructure Levy (CIL) payments, will the solicitor be liable if, nonetheless, it gave wrong advice in relation to CIL payments in circumstances where the correct information on CIL payments was available to the solicitor at the time they gave their incorrect advice?

Where a solicitor’s retainer does not include a specified obligation to advise in relation to Community Infrastructure Levy (CIL) payments, will the...

18th Aug

Q&As

When a local authority receives a nomination for an asset to be added to the list of assets of community value, it has eight weeks to make a decision (Assets of Community Value (England) Regulations 2012, SI 2012/2421, reg 7). Can the local authority extend this eight-week period and, if so, is there a specific procedure to follow?

When a local authority receives a nomination for an asset to be added to the list of assets of community value, it has eight weeks to make a decision...

17th Aug

Q&As

Does the prohibition in section 183(4) of the Town and Country Planning Act 1990 extend to Houses in Multiple Occupation (HMOs)?

Does the prohibition in section 183(4) of the Town and Country Planning Act 1990 extend to Houses in Multiple Occupation (HMOs)?Section 183 of the...

16th Aug

Q&As

If planning permission has been granted by a local planning authority which involves works being carried out on the publicly maintainable highway, can the local highway authority still refuse to enter into a Section 278 Agreement if it believes that the works will not benefit the public?

If planning permission has been granted by a local planning authority which involves works being carried out on the publicly maintainable highway, can...

Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 15th Aug

Q&As

If a person owns land which abuts a public highway are there any statutory or other provisions which deal with that landowners right to gain access onto the highway?

If a person owns land which abuts a public highway are there any statutory or other provisions which deal with that landowners right to gain access...

15th Aug

Q&As