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Approach to the breach of conditions attached to a Planning Permission (Royale Parks v SSCLG)

The following Local Government news provides comprehensive and up to date legal information on Approach to the breach of conditions attached to a Planning Permission (Royale Parks v SSCLG)

Court of Appeal clarifies the legal test of public nuisance to a landowner’s capacity to dedicate higher public rights to existing public rights of way (Garland v Secretary of State for Environment, Food and Rural Affairs)

Court of Appeal clarifies the legal test of public nuisance to a landowner’s capacity to dedicate higher public rights to existing public rights of way (Garland v Secretary of State for Environment, Food and Rural Affairs)

Planning weekly highlights—29 July 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—29 July 2021

Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)

The following Local Government news provides comprehensive and up to date legal information on Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)

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Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...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

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

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

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 Buildings and building regulations content

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?

Are approved inspectors for domestic building work required to carry out any statutory inspections, or do they have complete discretion in terms of...

1st Aug

Q&As

What powers are there for a council to enforce a notice given under section 82(1) of the Building Act 1984?

What powers are there for a council to enforce a notice given under section 82(1) of the Building Act 1984?By section 81(1) of the Building Act 1984...

1st Aug

Q&As

Do the directors and shareholders of a dormant private limited company limited by shares have any personal liability if part of a property owned by the company falls off and injures a pedestrian?

Do the directors and shareholders of a dormant private limited company limited by shares have any personal liability if part of a property owned by...

1st Aug

Q&As

What are the implications of a local authority serving a section 215 notice (under the Town and Country Planning Act 1990) to require the proper maintenance of a property? Can the local authority carry out the remedial work and then seek to recover the cost as a land charge?

What are the implications of a local authority serving a section 215 notice (under the Town and Country Planning Act 1990) to require the proper...

1st Aug

Q&As

Is ‘public authority’ defined in the Energy Performance of Buildings (England and Wales) Regulations 2012 or in the Energy Performance of Buildings Directive 2010/31/EU? Does a school academy, which is independently financed and outside the Local Education Authority’s control, require a Display Energy Certificate?

Is ‘public authority’ defined in the Energy Performance of Buildings (England and Wales) Regulations 2012 or in the Energy Performance of Buildings...

Produced in partnership with David Green of 12 King's Bench Walk 1st Aug

Q&As

A conservatory has been built within 3 metres of a public sewer without the consent of the water undertaker. What are the possible sanctions for doing this?

A conservatory has been built within 3 metres of a public sewer without the consent of the water undertaker. What are the possible sanctions for doing...

Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 1st Aug

Q&As

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

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...

1st Aug

Q&As

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

What are the implications of Brexit regarding Building Regulations 2010, SI 2010/2214?To date, no Brexit statutory instrument (Brexit SI) has been...

1st Aug

Brexit

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?

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...

Produced in partnership with Alastair Frew of Lodders Solicitors 1st Aug

Q&As

Should there be a Build Over Agreement for an extension over a public sewer built in 2002? When did the oversight of building over sewers move from Building Control to the Water Authorities?

Should there be a Build Over Agreement for an extension over a public sewer built in 2002? When did the oversight of building over sewers move from...

1st Aug

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?

In a residential House in Multiple Occupation (HMO), is building regulation consent required for the installation of fire doors (both internal and...

1st Aug

Q&As

A taller building has been built beside a shorter building. The surface water runoff from the higher building is causing flooding or maintenance problems for the shorter building. Are there are requirements that should have been taken into account when the taller building was built?

A taller building has been built beside a shorter building. The surface water runoff from the higher building is causing flooding or maintenance...

1st Aug

Q&As

Is Building Regulations approval required to replace or repair a chimney?

Is Building Regulations approval required to replace or repair a chimney?Building Regulations 2010, SI 2010/2214, set out requirements for the...

1st Aug

Q&As

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

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...

1st Aug

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?

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug

Q&As

How long does the aggrieved have to appeal the decision of a magistrates’ court decision regarding a section 215 of the Town and Country Planning Act 1990 notice?

How long does the aggrieved have to appeal the decision of a magistrates’ court decision regarding a section 215 of the Town and Country Planning Act...

1st Aug

Q&As

Would planning permission and/or building regulations approval be required for the installation of a sewage treatment plant to replace an old septic tank?

Would planning permission and/or building regulations approval be required for the installation of a sewage treatment plant to replace an old septic...

31st Jul

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?

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...

31st Jul

Q&As

Section 77 of the Building Act 1984 makes it a summary offence for a person not to comply with a magistrates’ court order made in respect of a dangerous building/structure. Is there a similar offence for which a person can be prosecuted under the London Building Acts (Amendment) Act 1939 (LBA(A)A 1939) for not complying with a court order made under LBA(A)A 1939, s 64? Is there a time limit to making the application to court following service of a notice under LBA(A)A 1939, s 62 or is it a continuing offence?

Section 77 of the Building Act 1984 makes it a summary offence for a person not to comply with a magistrates’ court order made in respect of a...

Produced in partnership with David Nicholls of Landmark Chambers 31st Jul

Q&As

Once building regulations consent has been granted does it last indefinitely?

Once building regulations consent has been granted does it last indefinitely?There are two ways of obtaining building regulations approval, being a...

Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 31st Jul

Buildings and building regulations

View Planning by content type:

Latest Planning News

Approach to the breach of conditions attached to a Planning Permission (Royale Parks v SSCLG)

Court of Appeal clarifies the legal test of public nuisance to a landowner’s capacity to dedicate higher public rights to existing public rights of way (Garland v Secretary of State for Environment, Food and Rural Affairs)

Planning weekly highlights—29 July 2021

Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)

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?

Planning policy in Wales

Brexit—exiting the EU under Article 50 [Archived]

Building regulations—enforcement

Most recent Buildings and building regulations content

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European Insurance and Occupational Pensions Authority (EIOPA)

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Tort—the different types of tort

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