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Q&As

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Energy performance certificates (EPCs)—what are they and when are they required?

Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures

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

Planning obligations—key points

This Practice Note should be read in conjunction with Practice Notes: The statutory test for section 106 agreements and interaction with Community

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

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 20th Oct

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...

15th Oct

Practice notes

Compulsory purchase—procedure

STOP PRESS: On 13 October 2020, the Welsh Government announced changes to the Planning Policy Wales and updated Circular guidance pursuant to...

15th Oct

Practice notes

Amending a planning permission, retrospective planning permission and revocation of planning permission

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

13th Oct

Practice notes

Implementing planning permission

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

2nd Oct

Practice notes

Public rights of way

Public rights of way (PROW) are highways that allow the public a legal right of passage. They have the same status and protection in law as highways...

29th Sep

Practice notes

Overriding easements and other rights

IntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining...

26th Sep

Practice notes

Operation of the Use Classes Order in Wales

The making of 'any material change in the use of any buildings or other land’ is ‘development’ for the purposes of section 55 of the Town and Country...

26th Sep

Practice notes

Determining planning applications—procedure

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

26th Sep

Practice notes

Planning—enforcement

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

26th Sep

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...

25th Sep

Practice notes

Powers to stop up and divert highways and footpaths

PurposeHighways can be stopped up if the area of highway is no longer needed, or when the land is needed for a development to take place. When a road...

25th Sep

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...

25th Sep

Practice notes

Works to trees, tree preservation orders and trees in conservation areas

Works to treesGenerally, work to trees does not constitute development under section 55 of the Town and Country Planning Act 1990 (TCPA 1990) so that...

25th Sep

Practice notes

Highways—adoption agreements

Powers to adoptThe Highways Act 1980 (HiA 1980) gives highway authorities the power to adopt new highways by agreement, places a duty on highway...

25th Sep

Practice notes

Types of planning enforcement

Where it appears to a local planning authority (LPA) that a breach of planning control has occurred, it has discretion to take enforcement action...

25th Sep

Most recent Q&As content

Q&As

Are there any statutory provisions which would permit an electricity distributor to repair an electricity cable underneath construction works? Alternatively, are there any statutory provisions which prevent construction works taking place within a specified distance of any underground electricity cables?

An electricity distributor is a potential licence holder under section 6 of the Electricity Act 1989 (EA 1989).Underground electricity cables will...

Produced in partnership with Tracy Lovejoy of Lanyon Bowdler 28th Sep

Q&As

Who can bring a prosecution for breaches of the Conservation of Habitats and Species Regulations 2017, SI 2017/1012?

The Conservation of Habitats and Species Regulations 2017 (CHSR 2017), SI 2017/1012 creates a series of criminal offences. Generally speaking, the...

Produced in partnership with Peter Ware of Browne Jacobson 28th Sep

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?

ContextThe Community Infrastructure Levy (CIL) is a financial charge which local planning authorities (LPAs) are entitled (but not obliged) to charge...

28th Sep

Q&As

Do you have guidance on specific considerations when granting an easement re underground cables to be situated in a Local Nature Reserve which is also a Site of Special Scientific Interest, Special Areas of Conservation and Special Protection Areas?

Statutory designations protect England’s terrestrial natural environment under national law and government policy. When reviewing planning...

28th Sep

Q&As

What powers and duties do statutory undertakers have to carry out works to sewers? Do landowners/developers have any rights/powers/a say as to when the statutory undertaker should carry out the works to sewers? Are there any compensation provisions and/or cases for businesses/landowners/developers that suffer losses as a result of works to sewers?

The rights of persons affected by sewerage works depends on the type of work, and under which provisions of the relevant legislation the work is...

28th Sep

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...

28th Sep

Q&As

Can Natural England refuse an application or delay the processing of an application for a wildlife licence for a particular species on one part of a development site, until the conclusion of its legal action against the developer for lack of a wildlife licence for a different part of the same development site?

Considerations Natural England may take into account in granting wildlife licencesNatural England is authorised to issue and enforce wildlife licences...

28th Sep

Q&As

A client is selling a property where an extension was built over a private sewer in 2002 and a ‘build over’ agreement obtained from the Local Authority at that time. The buyer’s solicitors have asked for an indemnity policy which the seller has refused on the basis there is a ‘build over’ agreement in place already. The buyer’s solicitors are arguing that as the agreement was entered into when the drains were privately owned the local water company must now be involved and either a new build over agreement obtained or a policy provided. Is this correct?

On 1 October 2011, most private sewers and lateral drains which, immediately before 1 July 2011, 'communicated with' a public sewer were automatically...

28th Sep

Q&As

How should the Natural Environment and Rural Communities Act 2006, section 7 management agreements be used? Can Natural England impose such an agreement on a landowner or occupier? Can these agreement be used on any land or only land designated as a site of special scientific interest? How do these agreements work alongside a Wildlife and Countryside Act 1981, s 28J management scheme?

Section 7(1) of the Natural Environment and Rural Communities Act 2006 (NERCA 2006) states:‘Natural England may make an agreement (a management...

28th Sep

Q&As

Are there exemptions which mean the regulator does not have riparian rights and responsibilities for land owned adjacent to a main river?

In researching this Q&A, we have been unable to find any exemption releasing the regulator from its rights and responsibilities as a riparian owner....

28th Sep

Q&As

What legislation protects priority habitats? What powers does Natural England have over priority habitat which has not been designated a site of special and scientific interest, special protection area or special areas of conservation? Does it have control over how the land should be managed?

It is assumed that this query relates to habitats in England.Defining priority habitatsPriority natural habitat is defined under the Habitats...

Produced in partnership with Hannah Payne of Browne Jacobson 28th Sep

Q&As

To what extent is waste collection a material consideration in determining a planning application and is there a planning mechanism by which a Council could ensure ongoing waste management by a private collection company?

We refer you to Practice Note: Determining planning applications—material considerations, which sets out the tests for material considerations...

28th Sep

Q&As

Is it possible for a right of way to fall out of use and be declassified as a public footpath? Secondly, is it possible to apply to the local authority to stop up a public footpath if it is never used?

Can right of way fall out of use and be declassified as a public footpath?Whether the dedication is express or inferred, a highway is created when a...

28th Sep

Q&As

Can a traffic regulation order be applied to a private road?

The traffic authority for a road outside of Greater London may make a traffic regulation order (TRO). See section 1 of the Road Traffic Regulation Act...

Produced in partnership with Adam Heppinstall of Henderson Chambers 28th Sep

Q&As

When calculating liability for community infrastructure levy, existing ‘in use’ buildings that will be demolished for the new build can be offset. How can ‘in lawful use’ be defined in respect of outbuildings/sheds etc? Can these be included on a demolished area and how do they prove to be ‘in use’? Can all outbuildings be included regardless of what they are storing and whether they have foundations/doors?

In most cases, the amount of community infrastructure levy (CIL) that is payable is calculated by multiplying the additional gross internal area...

Produced in partnership with Tracy Lovejoy of Lanyon Bowdler 28th Sep

Q&As

Is there a limitation period for water authorities to require a build over agreement to be entered into (for example, if a building had been in existence for 12 years without a relevant build over agreement in place)? Are there any specific powers to require a build over agreement to be entered into retrospectively (if the authority owned the sewer prior to the 2011 transfer)?

Statutory basis for requiring build over agreementBuild over agreements are agreements entered into between developers and the relevant sewerage...

28th Sep

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?

At common law, the owner of land which adjoins a highway has a right of access from his land onto the highway. This right enables an access from any...

28th Sep

Q&As

Why would a SIM search reveal that the road abutting a property is registered and technically held by a third party (not being the council), despite the highways search, and local authority search, confirming that the road and pavement is now publicly adopted?

The effect of adoption of a road as public highway does not automatically involve the transfer of ownership of the highway in the highway authority....

28th Sep

Q&As

Can you bring a judicial review challenge after a planning referendum has taken place in respect of a five-year neighbourhood plan?

There are three options for an emerging neighbourhood development plan (NDP) to be challenged by way of judicial review which are set out in...

28th Sep

Q&As

Where planning permission has been granted subject to section 106 being completed and further material considerations arise prior to planning permission being granted, will a new decision need to be taken based on the new considerations? If yes, can previous material considerations from the original decision be reviewed again?

Until a planning decision notice is issued, there is no lawful consent, simply a resolution to grant—see R v W Oxfordshire DC ex p Pearce Homes. In...

Produced in partnership with Kevin Leigh of 33 Bedford Row 28th Sep