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Latest Planning News

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Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...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

Q&As

Does a power company need consent from the local authority (LA), prior to serving a notice under paragraph 1 of Schedule 4 to the Electricity Act 1989, to place a power cable under the LA’s private road?

Does a power company need consent from the local authority (LA), prior to serving a notice under paragraph 1 of Schedule 4 to the Electricity Act...

1st Aug

Q&As

How do you find out who owns a culvert located under a highway? Is a culvert under a road a highway drain? Does a highway authority own it/have power to grant rights to drain into it?

How do you find out who owns a culvert located under a highway? Is a culvert under a road a highway drain? Does a highway authority own it/have power...

1st Aug

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?

An operator has an agreement under the Electronic Communications Code with Landowner A (on whose land telecoms equipment is situated). Landowner B,...

1st Aug

Q&As

A client owns land which is subject to a wayleave agreement. The client intends to develop the land and served notice to terminate the wayleave. In response, the electricity company applied for a 'necessary wayleave'. Since this, development has gone ahead around the existing apparatus. However, the electricity company has sought to obstruct development works which has resulted in the owner incurring loss over and above that which they would have incurred. Are these losses likely to be recoverable under the disturbance compensation provisions of paragraph 7(2) of Schedule 4 to the Electricity Act 1989?

A client owns land which is subject to a wayleave agreement. The client intends to develop the land and served notice to terminate the wayleave. In...

1st Aug

Q&As

What rights of access do gas companies enjoy for the purpose of maintenance and repair of utility installations?

What rights of access do gas companies enjoy for the purpose of maintenance and repair of utility installations?Gas companies’ rights to enter...

Produced in partnership with Bethany Pickup of Browne Jacobson 1st Aug

Q&As

Is an electricity generator that is exempt from holding a licence under Section 6(1) of the Electricity Act 1989 by virtue of Section 4 of the EA 1989 a deemed statutory undertaker for the purposes of the TCPA 1990?

Is an electricity generator that is exempt from holding a licence under Section 6(1) of the Electricity Act 1989 by virtue of Section 4 of the EA 1989...

1st Aug

Q&As

Do statutory water undertakers have the power to lay foul sewers on private land?

Do statutory water undertakers have the power to lay foul sewers on private land?Companies in the privatised water industry in England and Wales...

Produced in partnership with Christopher Snell of New Square Chambers 1st Aug

Q&As

Do positive covenants in an agreement made under section 185 of the Water Industry Act 1991 bind the land?

Do positive covenants in an agreement made under section 185 of the Water Industry Act 1991 bind the land?Agreements under section 185 of the Water...

1st Aug

Q&As

Where a main sewer runs under a private unadopted highway, does the person seeking to connect to the sewer need an easement to pass under that unadopted highway to the point of connection or only the land to the point of the unadopted highway?

Where a main sewer runs under a private unadopted highway, does the person seeking to connect to the sewer need an easement to pass under that...

1st Aug

Q&As

What impact does section 134 of the Communications Act 2003 have on alienation provisions?

What impact does section 134 of the Communications Act 2003 have on alienation provisions?Section 134 of the Communications Act 2003 (CA 2003) makes...

1st Aug

Q&As

What happens to private drainage easements when the drain is transferred to the statutory undertaker pursuant to the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011, SI 2011/1566? Are the formal rights of the private easement extinguished as a result of the adoption?

What happens to private drainage easements when the drain is transferred to the statutory undertaker pursuant to the Water Industry (Schemes for...

Produced in partnership with Jo Hannah of Winckworth Sherwood 1st Aug

Q&As

Where does the authority come from which requires developers to enter into an agreement with water companies when they want to develop land which is close to a public sewer as per the 2011 Transfer regulations? In other words, where does the statutory power come from that gives water companies the right to ask for permission to develop on the land?

Where does the authority come from which requires developers to enter into an agreement with water companies when they want to develop land which is...

1st Aug

Q&As

Where a private sewer connects to a public sewer, is the water authority under a duty not to adversely affect the private system when they carry out works to the public system?

Where a private sewer connects to a public sewer, is the water authority under a duty not to adversely affect the private system when they carry out...

Produced in partnership with Helen Galley of XXIV Old Buildings 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

Do electricity wayleaves automatically come to an end upon the sale of the land by the grantor?

Do electricity wayleaves automatically come to an end upon the sale of the land by the grantor?Wayleaves: what they are and how they ariseThe legal...

Produced in partnership with Jonathan Edwards of Radcliffe Chambers 1st Aug

Q&As

A notice has been served on a landowner from a statutory undertaker to allow access and install monitoring and associated equipment. Can the landowner require the statutory undertaker to enter into a licence to regulate the works to be carried out?

A notice has been served on a landowner from a statutory undertaker to allow access and install monitoring and associated equipment. Can the landowner...

1st Aug

Q&As

Is a build over agreement necessary for a drain over which a garage was built in 1975?

Is a build over agreement necessary for a drain over which a garage was built in 1975?The Water Industry (Schemes for Adoption of Private Sewers)...

1st Aug

Q&As

Can a mast operator validly covenant not to exercise their code rights under the 1984 Act?

Can a mast operator validly covenant not to exercise their code rights under the 1984 Act?Schedule 2, paragraph 27(2) of the Telecommunications Act...

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

A garden at a residential property is subject to a lease granted in 1978 to the gas board for gas governor kiosk. The lease contains a provision ‘The tenancy hereby created may be determined by either party giving to the other six months previous notice in writing expiring at any time’. If the owner of the garden exercises the break option, are there statutory powers protecting the gas board (now National Grid/Cadent Gas) that would override this and prevent the garden owner obtaining vacant possession?

A garden at a residential property is subject to a lease granted in 1978 to the gas board for gas governor kiosk. The lease contains a provision ‘The...

1st Aug

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Utilities

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 Utilities content

Popular documents

Direct effect of EU law

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

Provisional sums

Enforcing a warrant of control

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