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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

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 Q&As content

Q&As

Can a section 278 Highways Agreement be executed electronically? Can it be completed in counterpart?

Can a section 278 Highways Agreement be executed electronically? Can it be completed in counterpart?An agreement made under section 278 of the...

Produced in partnership with James Ryan of Acuity Law 14th May

Q&As

If in the period between the grant of planning permission and submission of details to discharge a pre-commencement condition, the LPA’s policy has been updated to require a financial contribution, is an LPA entitled to consider the updated policy when discharging the condition or should it consider that application against the policy which existed at the time the full planning application was made?

If in the period between the grant of planning permission and submission of details to discharge a pre-commencement condition, the LPA’s policy has...

13th May

Q&As

What use class under the Town and Country Planning (Use Classes) Order 1987 would a wind turbine farm fall into?

What use class under the Town and Country Planning (Use Classes) Order 1987 would a wind turbine farm fall into?The Town and Country Planning (Use...

13th 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

Q&As

What planning enforcement action may be taken against a shipping container placed in a residential garden? Could a notice under section 215 of the Town and Country Planning Act 1990, or an enforcement notice under section 172, be used for this purpose?

What planning enforcement action may be taken against a shipping container placed in a residential garden? Could a notice under section 215 of the...

12th May

Q&As

What are the timescales for bringing a prosecution for the contravention of a tree preservation order under section 210 of the Town and Country Planning Act 1990?

There are two offences under section 210 of the Town and Country Planning Act 1990 (TCPA 1990).TCPA 1990, s 210(1) creates an offence where in breach...

7th May

Q&As

Can a claimant recover pre-action costs for a potential claim under section 288 of the Town and Country Planning Act 1990? When the Local Planning Authority returned the matter to a Planning Committee, the outcome was favourable for the claimant, resulting in no s 288 claim being made.

Section 288 challengesSection 288 of the Town and Country Planning Act 1990 (TCPA 1990) applies to (list abridged for clarity):•orders under TCPA...

5th May

Q&As

In a residential House in Multiple Occupation (HMO), is building regulation consent required for the installation of fire doors (both internal and external) and/or a new fire alarm system?

The Building Regulations 2010, SI 2010/2214 are made under the Building Act 1984. They impose a set of minimum standards on people carrying out...

28th Apr

Q&As

If a property has permission to be used as separate apartments, can this use be said to be abandoned if the house was used as a single family dwelling for 20 years? The house retained its physical layout as separate apartments during the time it was used as a single dwelling.

This Q&A assumes that it is unknown whether the original permission was only for a change of use or also for the construction or conversion of the...

27th Apr

Q&As

Does a highway authority have a duty to maintain structures on the highway, and if so, where in the Highways Act 1980 is this duty found? Can this duty to maintain structures eg bus shelters on the highway, be delegated to a parish council?

We have assumed for the purposes of this response that the highway in question is a highway maintainable at the public expense.A highway authority is...

20th Apr

Q&As

What is the legal position in respect of homeowners renting out their property on a short-term letting basis. Can homeowners in England rent out their property without having to obtain prior planning permission, provided they rent out their property for no more than 90 days in any one calendar year?

Planning permission is required for operational development and/or a material change of use of premises. The making of ‘any material change in the use...

20th Apr

Q&As

An operator has an agreement under the Electronic Communications Code with Landowner A (on whose land telecoms equipment is situated). Landowner B, A's neighbour, is planning to redevelop its land. The redevelopment will affect the operator's network both during and after construction. B has not served a paragraph 20 notice on the operator. What steps can the operator take to avoid interruption to its network? Can the operator claim its costs of relocation from B?

Does Landowner B have to serve a paragraph 20 notice?In the event that Landowner B needs the operator’s equipment to be physically moved from its...

20th Apr

Q&As

When considering a planning application, should the local planning authority give any consideration to a claim for adverse possession over land within the planning application site or that may be needed for access to it? In these circumstances, what are the planning implications of an adverse possession claim succeeding?

You have asked: When considering a planning application, should the local planning authority give any consideration to a claim for adverse possession...

14th Apr

Q&As

Are there any rights of way for pedestrians around/alongside security barriers, ie does sufficient space have to be provided for a safe crossing away from barriers?

The simple answer to this question is—no, provided that the security barrier is safe for pedestrian access.A security barrier is typically a gate,...

Produced in partnership with Alastair Frew of Lodders Solicitors 12th Apr

Q&As

What planning considerations apply to safeguarded or protected wharves?

BackgroundSafeguarded wharves are wharves located in the London boroughs that are protected through formal safeguarding directions and planning policy...

9th Apr

Q&As

What can a landowner do to challenge an enforcement notice issued in respect of a breach of planning? Can they take the authority to court?

Enforcement noticesAppealing against an enforcement noticeAny person who has an interest in the land to which an enforcement notice relates, or who is...

9th Apr

Q&As