Planning Law

LexisPSL Planning helps you to understand planning requirements, procedures, policy, appeals and enforcement, for developments ranging from small-scale residential extensions to nationally significant infrastructure projects. Clear, concise practice notes have direct links to relevant cases, legislation, guidance and commentary and our daily news feeds and weekly highlights keep you informed of new cases, legislation, and consultations.

Planning law is a rapidly changing, case-law heavy area of law. It is of relevance not only for specialist planning lawyers, but also for local planning authorities, consultants, developers and lawyers dealing with property, environment, construction and infrastructure matters.

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Latest Planning News

Pubs, Planning Policy and the Public Sector Equality Duty (R (oao Danning) v Sedgemoor District Council)

The following Local Government news provides comprehensive and up to date legal information on Pubs, Planning Policy and the Public Sector Equality Duty (R (oao Danning) v Sedgemoor District Council)

Islington’s revocation of Ocado’s CLEUD judged lawful by High Court (R (on the application of Ocado Retail Ltd) v Islington London Borough Council)

The following Local Government news provides comprehensive and up to date legal information on Islington’s revocation of Ocado’s CLEUD judged lawful by High Court (R (on the application of Ocado Retail Ltd) v Islington London Borough Council)

Planning weekly highlights—17 June 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—17 June 2021

Planning and Community Infrastructure Levy (Lambeth London Borough Council v Secretary of State for Housing, Communities and Local Government)

The following Planning news provides comprehensive and up to date legal information on Planning and Community Infrastructure Levy (Lambeth London Borough Council v Secretary of State for Housing, Communities and Local Government)

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 Planning content

Q&As

Can a planning condition or obligation prevent the implementation of a conflicting planning permission?

Can a planning condition or obligation prevent the implementation of a conflicting planning permission?It is perfectly possible for two planning...

Produced in partnership with Chris Willmore 6th Jun

Q&As

What planning considerations apply to safeguarded or protected wharves?

What planning considerations apply to safeguarded or protected wharves?BackgroundSafeguarded wharves are wharves located in the London boroughs that...

6th Jun

Q&As

How can an agricultural tie be lifted? And if it is done so by an application for a certificate of lawfulness, what are the requirements?

How can an agricultural tie be lifted? And if it is done so by an application for a certificate of lawfulness, what are the requirements?An...

6th Jun

Q&As

Is planning permission required to use land for an allotment?

Is planning permission required to use land for an allotment?Planning permission is required for 'development' within the meaning of section 55 of the...

6th Jun

Q&As

Can a contractor start building before planning permission is granted?

Can a contractor start building before planning permission is granted?Occasionally, an employer/developer might ask its contractor to start building...

6th Jun

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)...

6th Jun

Q&As

In relation to agricultural ties, to what extent does the occupier need to be engaged in employment for the purposes of the Town and Country Planning Act 1971 and Town and Country Planning Act 1990?

In relation to agricultural ties, to what extent does the occupier need to be engaged in employment for the purposes of the Town and Country Planning...

Produced in partnership with Jo Hannah of Winckworth Sherwood 6th Jun

Q&As

My client owns land that appears to also be a public highway. He has always maintained that land and was unaware that it was public highway. A developer has built out adjoining land and has paved part of my client's land (where it splays out to the road) as part of the driveway to the new estate. This has been done without my client being consulted by the Local Authority or the Developer. Can you offer any guidance as where my client may stand in respect of this land?

My client owns land that appears to also be a public highway. He has always maintained that land and was unaware that it was public highway. A...

6th Jun

Q&As

Are planning permissions, granted under Regulation 3 of the Town and Country Planning General Regulations 1992, for the benefit of the applicant only? ie permissions are personal and do not run with the land where it is transferred.

Are planning permissions, granted under Regulation 3 of the Town and Country Planning General Regulations 1992, for the benefit of the applicant only?...

Produced in partnership with Christine Willmore of University of Bristol Law School 6th Jun

Q&As

Would a tattoo parlour/studio fall under the new Use Class E ('any other services which it is appropriate to provide in a commercial, business or service locality') of the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020, or is it likely to be sui generis?

Would a tattoo parlour/studio fall under the new Use Class E ('any other services which it is appropriate to provide in a commercial, business or...

6th Jun

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?

What would be the impact on a planning appeal of ongoing judicial review proceedings where those proceedings challenge a Government statement of...

6th Jun

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...

6th Jun

Q&As

Can a local authority withdraw a community infrastructure levy self-build residential annex exemption, after they have granted the exemption, where no disqualifying event has occurred (ie if they have just changed their mind)?

Can a local authority withdraw a community infrastructure levy self-build residential annex exemption, after they have granted the exemption, where no...

6th Jun

Q&As

Are there any disadvantages for a local authority in securing contributions by neighbouring private developers by way of a s 278 agreement rather than a CPO indemnity agreement?

Are there any disadvantages for a local authority in securing contributions by neighbouring private developers by way of a s 278 agreement rather than...

6th Jun

Q&As

Is there any set distance defining the extent of a highway authority's interest in the subsoil where the road is maintainable at public expense? What is required for the exercise of the powers and performance of statutory duties for the purposes of the Highways Act 1980?

Is there any set distance defining the extent of a highway authority's interest in the subsoil where the road is maintainable at public expense? What...

Produced in partnership with Richard Barlow and Jessica Aldridge of Browne Jacobson 6th Jun

Q&As

Where a developer has withdrawn from a planning application relating to council owned land, can the council take over or seek to find a new developer? Are there any implications that might arise under the Town and Country Planning General Regulations 1992, SI 1992/1492, regs 3 and 4?

Where a developer has withdrawn from a planning application relating to council owned land, can the council take over or seek to find a new developer?...

6th Jun

Q&As

What planning enforcement action may be taken against a shipping container placed in a residential garden? Could a notice under section 215 of the Town and Country Planning Act 1990, or an enforcement notice under section 172, be used for this purpose?

What planning enforcement action may be taken against a shipping container placed in a residential garden? Could a notice under section 215 of the...

6th Jun

Q&As

Under what power (via Highways Act 1980 or other legislation or means) can the local authority, who is also the highway authority, issue a licence/lease for a company to erect billboard size advertising on highway land, ie a roundabout?

Under what power (via Highways Act 1980 or other legislation or means) can the local authority, who is also the highway authority, issue a...

6th Jun

Q&As

For a prior approval which was deemed granted and then appealed, is there a pause on the time for completion of the development during that appeal?

For a prior approval which was deemed granted and then appealed, is there a pause on the time for completion of the development during that appeal?We...

6th Jun

Q&As