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Latest Planning News

What does IP completion day mean for the status of EU law in the UK?

The following Banking & Finance news provides comprehensive and up to date legal information on What does IP completion day mean for the status of EU law in the UK?

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

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)

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)

Featured Planning content

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

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

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

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...

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...

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...

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...

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....

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

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

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

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

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

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

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...

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...

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)...

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...

Produced in partnership with Stephen Morgan of Landmark Chambers 12th Jan

Most recent Q&As content

Q&As

Within the context of the protections afforded to assets of community value (ACV), what are the likely risks of purchasing a local pub for conversion to residential use, where the pub has not yet been nominated as an ACV at exchange but where completion is not scheduled to occur for some time after exchange?

Whether the pub is an asset of community value (ACV)An asset can be listed if its principal use furthers (or has recently furthered) the community’s...

22nd Jan

Q&As

What is the status of an ‘informative’ on a planning condition? If, for example, the planning condition itself is silent on the parties that need to be consulted as part of a general obligation, but the informative lists certain parties and the degree to which they should be consulted, does this override/supplement the obligation (in that the council will not sign off the satisfaction of the condition without evidence that the applicant has acted in accordance with the informative?)

The power to impose conditions on the grant of planning permission is provided by section 72 of the Town and Country Planning Act 1990. Conditions...

Produced in partnership with Kevin Leigh of No 5 Chambers 22nd Jan

Q&As

Once the time for objections to a new article 4 direction has expired, can a member of the public do anything else to try and stop the article 4 direction coming into force?

The procedural requirements for making an article 4 direction are set out in Schedule 3 to the Town and Country Planning (General Permitted...

22nd Jan

Q&As

What must be included in a decision to discharge a planning condition?

Information on the discharge of planning conditions can be found in Practice Note: Planning conditions—key points.There is no prescribed form of...

22nd Jan

Q&As

Is planning permission required to demolish a building as part of a permitted change of use?

This question is dealt with in Practice Note: Planning issues in demolition and Class A of Part 11 of Schedule 2 to the Town and Country Planning...

22nd Jan

Q&As

In what circumstances might a local authority no longer consider land to be of community value, for the purposes of removing an entry from the list under the Assets of Community Value (England) Regulations 2012, reg 2?

Pursuant to section 88 of the Localism Act 2011 (LA 2011), a piece of land or property in a local authority's area can be listed as an asset of...

22nd Jan

Q&As

A telecommunications operator’s lease of a rooftop site was terminated on forfeiture of a headlease. The freeholder then served a paragraph 21 notice under the Electronic Communications Code, and the operator served a counter notice. The freeholder has issued possession proceedings which have been listed for hearing. The operator intends to serve a paragraph 5 notice before the hearing and seek further directions in that regard. Should the proceedings be treated as a possession claim under CPR Part 55 and accordingly does the operator need to file a defence within 14 days?

It is assumed that there is a headlease which has been forfeited, and that any sub-leases under this lease have also come to an end. The Electronics...

22nd Jan

Q&As

The Secretary of State proposes to temporarily acquire a strip of land which is contaminated land, with a view to developing it as part of the HS2 railway line. The current owner has the benefit of a contamination indemnity from the previous owner, which was subject to a condition not to develop the land. How can the current owner ensure that they will be indemnified in respect of the contamination once the land is eventually transferred back to them following development?

It may firstly be worth checking the terms of the existing contamination indemnity to see whether it would be nullified by the acquiring authority’s...

22nd Jan

Q&As

Is there any guidance or case law on the potential remedies that exist where a third party has lodged a pre-application planning application in respect of a property which the owner believes may diminish the value or development potential of the property? Is a third party making a pre-application planning application required to notify the owner?

When referring to a pre-application planning application being lodged, it has been assumed to mean that a third party has made a request for...

22nd Jan

Q&As

What would be the impact on a planning appeal of ongoing judicial review proceedings where those proceedings challenge a Government statement of planning policy which is a material consideration in the appeal?

Unless the statement of planning policy has been quashed by a decision of the court, the fact that a particular policy statement is the subject of an...

22nd Jan

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...

Produced in partnership with Abigail Pritchard-Hooper of Lanyon Bowdler 22nd Jan

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...

22nd Jan

Q&As

Can a developer who has entered into an agreement under section 278 of the Highways Act 1980 with a highway authority, bring a claim against the authority, where the authority has failed to comply with its obligations in the agreement (eg to approve certain elements of the highway works within certain timescales)? Would such a claim be for breach of contract and would the damages which flow from the breach (such as the extra costs of having had a contractor on site for far longer than anticipated) be recoverable in the usual way?

There is no general prohibition which would prevent a landowner who is a party to a section 278 of the Highways Act 1980 (HiA 1980) agreement from...

Produced in partnership with Tracy Lovejoy of Lanyon Bowdler 22nd Jan

Q&As

Where a roadway is adopted by the local highways authority, can it also form part of an individual property owner's registered title? What is the effect if a way is both adopted but also shown as within a registered title to a residential property?

Where a roadway is adopted by the local highways authority, can it also form part of an individual property owner's registered title?Where a road has...

Produced in partnership with Emily Knowles of Sharpe Pritchard 22nd Jan

Q&As

Can agreements under section 106 of the Town and Country Planning Act 1990 be executed via electronic signatures, especially in light of the Coronavirus Act 2020?

Section 106 agreements (section 106 of the Town and Country Planning Act 1990 (TCPA 1990)) enable those with an interest in land to ‘by agreement or...

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

COVID-19

Q&As

Will a landowner with possessory title to land be considered to have a sufficient interest in the land to enter into agreements under section 106 of the Town and Country Planning Act 1990, and sections 38 and 278 of the Highways Act 1980 as the landowner? Will a landowner with possessory title to land be considered to have a sufficient interest in the land to enter into gas, electricity and telecoms wayleaves?

Possessory title is granted where the land owner claims to have acquired the land by adverse possession or where they cannot produce documentary...

22nd Jan

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....

22nd Jan

Q&As

Section 180 of the Town and Country Planning Act 1990 provides that where, after service of an enforcement notice, planning permission is granted for any development carried out before the grant of that permission, the notice shall cease to have effect so far as inconsistent with that permission. Does this provision operate if permission is granted for development which has not yet been carried out, but which development would be inconsistent with the terms of a planning enforcement notice when complete?

Section 180 of the Town and Country Planning Act 1990 (TCPA 1990) is in the following terms:‘…180 Effect of planning permission, etc, on enforcement...

Produced in partnership with Constanze Bell of Kings Chambers 22nd Jan

Q&As

If a highway authority has entered into and completed a section 278 agreement with a developer in conjunction with grant of planning permission, and the adjoining landowner to the highway affected prevent access on to their land, what is required to facilitate the section 278 works?

An agreement under section 278 of the Highways Act 1980 (HiA 1980) (a section 278 agreement) is an agreement relating to the carrying out of highways...

22nd Jan

Q&As

In relation to a compulsory purchase order for a highway scheme: where a long leaseholder is listed as a qualifying interest within table 2 of the order, what compensation claim can they make as tenant whose rights to non-exclusive car parking and accessway into a retail park are being affected (but its actual demise is not)? Should the freeholder landlord make a compensation claim for both itself and its tenants for all land being acquired under the CPO? How should the landlord deal with the affected leases following confirmation of the order (ie should they be varied to reflect the new position post CPO)? Would a tenant have the right to surrender their lease with no penalties under the Landlord and Tenant Act 1954 in the event the highway works affected their business in future?

Highways England is an entity established and owned by the government to manage the motorways and A-roads in England. It has been granted the ability...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan