We cover all key aspects of the planning application process from the procedure, viability considerations, to decision-making and material considerations, to the duty to give reasons for planning decisions.
A series of Practice Notes and Checklists outlining the planning issues for a planning title in a property transaction. How information’s revealed, what to report on, and the significance of the findings for the buyer.
Compulsory purchase is governed by complex legislation, case law and guidance. We provide the legal requirements and good practice to help customers navigate the procedure, scope of CPOs and opportunities for challenge.
Planning requirements, procedures, policy, appeals and enforcement. We cover developments ranging from small-scale residential extensions to nationally significant infrastructure projects.
Planning analysis: In Staunch Campaign v North Northamptonshire Council, the court dismissed a judicial review challenging planning permission for a...
This week’s edition of Planning weekly highlights includes: analysis of the High Court judgments quashing the planning permission for Tottenham...
The Welsh Government has published guidance for owners and operators of temporary campsites on changes to permitted development rights for campsites...
Planning analysis: In Guardians of Whitewebbs v Enfield LBC, the High Court quashed planning permission for Tottenham Hotspur Football Club’s proposed...
Planning analysis: In Aaron Scott Canham v Calderdale MBC, the Planning Court held that the common law rule against apparent bias does not apply to a...
The Environmental Information Regulations 2004, SI 2004/3391 (EIR 2004) give rights of public access to environmental information held by public...
Protected areas and protected sitesUnder section 55(1) of the Town and Country Planning Act 1990 (TCPA 1990): ‘Development...means the carrying out of...
The Environmental Information Regulations 2004, SI 2004/3391, as variously amended, (EIR 2004) pose a risk to businesses through exposure of sensitive...
Scope for challenges to compulsory purchase ordersSection 25 of the Acquisition of Land Act 1981 (ALA 1981) excludes any judicial review challenge...
Public rights of way (PROW) are highways that allow the public a legal right of passage. They have the same status and protection in law as highways...
This Agreement is made on [insert date] of [insert month] [insert year]BETWEEN1[insert name], of [insert address] (‘Council’);2[insert name], of...
DATE [date]Parties1[name of Authority] of [address] (Authority)2[name of Licensee] [of OR incorporated in England and Wales (company registration...
date [date]Parties1[name of Seller] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at]...
ARCHIVED: This archived Precedent is drafted in the context of the previous/old Electronic Communications Code (the previous Code) (and provides...
Deed dated [insert date] under section 38 Highways Act 1980 relating to construction and adoption of roads at [insert text] between:Parties1[insert...
Statutory wayleaves and rights of accessUtilitiesThe water, gas, electricity, communications and energy industries enjoy statutory rights of access...
Planning conditions—the six testsPowers to impose planning conditionsThe general powers for local planning authorities (LPAs) to impose conditions on...
Section 215 notice requiring maintenance of landIntroductionThe purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to...
Bias and pre-determination in planning casesScope of bias and pre-determination in planning casesBias and pre-determination can be an issue in...
Permitted development in WalesPlanning permission is required for the development of land. 'Development', which is defined in the Town and Country...
Declaratory relief of planning decisionsA declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a...
Sites of Special Scientific Interest (SSSIs)What is a Site of Special Scientific Interest?Sites of Special Scientific Interest (SSSIs) are sites in...
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...
Material change of useControl of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is...
Implementing a CPO—notice to treat and General Vesting DeclarationContextThe confirmation of a compulsory purchase order (CPO) does not vest title in...
The Crichel Down RulesThe Crichel Down Rules (the Rules) require that in certain circumstances, surplus government land that was acquired by, or under...
A direction made by a local planning authority to withdraw permitted development rights that would otherwise apply by virtue of the Town and Country Planning (General Permitted Development) Order 2015, SI 2015/596 (in England) and the Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 (in Wales).
The profit of the scheme expressed as a percentage of value.
A valuation of land using a development appraisal (see Development Appraisal).