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Latest Planning News

Planning weekly highlights—15 April 2021

Planning weekly highlights—15 April 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—15 April 2021

New temporary permitted development rights in Wales to support economic recovery

New temporary permitted development rights in Wales to support economic recovery

The following Planning news provides comprehensive and up to date legal information on New temporary permitted development rights in Wales to support economic recovery

Planning weekly highlights—8 April 2021

Planning weekly highlights—8 April 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—8 April 2021

New permitted development rights for changes of use and expansion of public service infrastructure in England, as part of a package of measures to revitalise high streets

New permitted development rights for changes of use and expansion of public service infrastructure in England, as part of a package of measures to revitalise high streets

New permitted development rights for changes of use and expansion of public service infrastructure in England, as part of a package of measures to revitalise high streets

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 Buildings and building regulations content

Practice notes

Fire safety developments following the Grenfell Tower fire

This Practice Note sets out key developments in relation to fire safety following the Grenfell Tower fire on 14 June 2017. Among other things, it...
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13th Apr
Practice notes

Construction (Design and Management) Regulations 2015

The Construction (Design and Management) Regulations 2015 (the Regulations) came into force on 6 April 2015. Their purpose is to make health and...
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Produced in partnership with Gowling WLG 8th Apr
Practice notes

Dangerous buildings and structures

Powers of the local authorityThe local authority has powers to deal with dangerous buildings under a number of statutes:•section 77 of the Building...
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8th Apr
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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8th Apr
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...
Read More >
8th Apr
Practice notes

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...
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7th Apr
Q&As

What is the time limit to bring a prosecution in respect of non-compliance with an improvement notice under section 30 of the Housing Act 2004 and when does the time limit start to run?

We have assumed that this relates to an offence under section 30(1) of the Housing Act 2004.Where an improvement notice served under Part 1 of the...
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6th Apr
Practice notes

Energy efficiency—Part L of the Building Regulations

Updated in partnership with WSPLegislative backgroundThe Building Regulations 2010 (Building Regulations 2010), SI 2010/2214 set out the basis of...
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23rd Mar
Q&As

What are the implications of Brexit regarding Building Regulations 2010, SI 2010/2214?

To date, no Brexit statutory instrument (Brexit SI) has been made in respect of the Building Regulations 2010 (the Building Regulations), SI...
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18th Mar
tag iconBrexit
Q&As

A client is buying an industrial unit which is unheated. The building was entirely re-roofed in 2016, but no building regulations consent was obtained by the seller. Given the lack of heating in the building, would the work require consent under the building regulations?

The Government’s Planning Portal explains that building regulations consent is required for all structural works, although there is an exemption if...
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Produced in partnership with Alastair Frew of Lodders Solicitors 18th Mar
Q&As

Are approved inspectors for domestic building work required to carry out any statutory inspections, or do they have complete discretion in terms of the frequency and nature of inspections? Is there any particular point at which a project must be referred to the relevant local authority for enforcement against breach of building control?

The Building (Approved Inspectors etc) Regulations 2010 (the 2010 Regulations), SI 2010/2215, Pt 2 empowers the Secretary of State to designate...
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18th Mar
Q&As

What is the current practice for the issue of EWS1 certificates for a building?

As is set out in Practice Note: Fire safety developments following the Grenfell Tower fire, on 16 December 2019, RICS, the Building Societies...
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18th Mar
Q&As

If a replacement front door has less than 50% glazing, does it require approval under a competent person scheme?

Regulation 12(6) of the Building Regulations 2010 (the 2010 Regulations), SI 2010/2214 (SI 2010/2214, reg 12(6)) states that 'a person intending to...
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18th Mar
Practice notes

Obtaining building regulations approval

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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18th Mar
Practice notes

Building regulations—enforcement

The Building Regulations 2010, SI 2010/2214 (the Building Regulations) are made under the Building Act 1984 (BA 1984). They impose a set of minimum...
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18th Mar
Q&As

Is there any argument that an owner of a building is responsible for breaches of building regulations or does a tenant taking on a lease take on any past breaches?

The local authority for the relevant area has a duty to enforce compliance with the building regulations. Where works have been carried out on a...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Mar
Practice notes

Energy performance certificates (EPCs)—issues for commercial landlords and tenants

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...
Read More >
11th Mar
Practice notes

Energy performance certificates (EPCs)—energy assessor accreditation and energy assessments

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...
Read More >
11th Mar
Practice notes

Display energy certificates (DECs)—what are they and when are they required?

What is a display energy certificate (DEC)?DECs were introduced to raise public awareness of energy use and to inform visitors to public buildings...
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11th Mar
Practice notes

BREEAM key requirements

What is BREEAM?The Building Research Establishment’s Environmental Assessment Methodology (BREEAM) is a method for evaluating and certifying the...
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Produced in partnership with Author of the WSP Group 9th Mar

Popular documents

LEXISNEXIS

Facilitation payments under the Bribery Act 2010

Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid to public officials or others as a means of ensuring that they perform their duty, whether more promptly or at all. In some

LEXISNEXIS

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not

LEXISNEXIS

Ad hoc arbitration—an introduction to the key features of ad hoc arbitration

An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if

LEXISNEXIS

Mistake in contract law

This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and