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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.

Our experts give you an up-to-date, authoritative view, backed up by primary sources and direct links for deeper research into commentary sources. So with time efficiencies built into your research, you’ll have more time to spend on billable work and business development.

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Latest Planning News

Planning weekly highlights—22 July 2021

Planning weekly highlights—22 July 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—22 July 2021

Planning weekly highlights—15 July 2021

Planning weekly highlights—15 July 2021

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

Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

The following Planning news provides comprehensive and up to date legal information on Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

Challenging traffic regulation orders—(experimental low traffic neighbourhood orders)—Road Traffic Regulation Act 1984; public sector equality duty and ‘due regard’ to Equality Act 2010 s149; adequacy of consultation with ‘other relevant organisations’—Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (R (oao Sheakh) v LB Lambeth)

Challenging traffic regulation orders—(experimental low traffic neighbourhood orders)—Road Traffic Regulation Act 1984; public sector equality duty and ‘due regard’ to Equality Act 2010 s149; adequacy of consultation with ‘other relevant organisations’—Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (R (oao Sheakh) v LB Lambeth)

Challenging traffic regulation orders—(experimental low traffic neighbourhood orders)—Road Traffic Regulation Act 1984; public sector equality duty and ‘due regard’ to Equality Act 2010 s149; adequacy of consultation with ‘other relevant organisations’—Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (R (oao Sheakh) v LB Lambeth)

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?

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 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]

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—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...
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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...
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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...
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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)...
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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...
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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...
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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)...
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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...
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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...
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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...
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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...
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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...
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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...
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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,...
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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...
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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...
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19th May

Most recent Planning content

Q&As

If in the period between the grant of planning permission and submission of details to discharge a pre-commencement condition, the LPA’s policy has been updated to require a financial contribution, is an LPA entitled to consider the updated policy when discharging the condition or should it consider that application against the policy which existed at the time the full planning application was made?

If in the period between the grant of planning permission and submission of details to discharge a pre-commencement condition, the LPA’s policy has...
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6th Jun
Q&As

Who is responsible for the Community Infrastructure Levy where a plot of land is to be sold with the benefit of planning permission’?

Who is responsible for the Community Infrastructure Levy where a plot of land is to be sold with the benefit of planning permission’?Liability for the...
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6th Jun
Q&As

In relation to loft conversions, is there any guidance on the restriction that no part of the dwellinghouse can, as a result of the works, extend beyond the plane of any existing roof slope which forms the principal elevation of the dwellinghouse and fronts a highway?

In relation to loft conversions, is there any guidance on the restriction that no part of the dwellinghouse can, as a result of the works, extend...
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6th Jun
Q&As

If there is planning permission for construction of a dwelling, and that planning permission does not authorise a porch, can a porch be added during the construction of the dwelling under permitted development rights, or does the developer have to wait until the build is complete and the dwelling occupied before the porch can be added?

If there is planning permission for construction of a dwelling, and that planning permission does not authorise a porch, can a porch be added during...
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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 6th Jun
Q&As

Are the Crichel Down Rules (for the disposal of surplus land acquired by, or under the threat of, compulsion) a statutory requirement for local authorities to follow?

Are the Crichel Down Rules (for the disposal of surplus land acquired by, or under the threat of, compulsion) a statutory requirement for local...
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6th Jun
Q&As

What are the consequences where an acquiring authority fails to serve notice on the correct owner of land which has been compulsorily purchased, where the ownership was incorrectly registered by another person?

What are the consequences where an acquiring authority fails to serve notice on the correct owner of land which has been compulsorily purchased, where...
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Produced in partnership with Chris Willmore 6th Jun
Q&As

The local planning authority has received an application for certificate of lawfulness for proposed development under section 192 of the Town and Country Planning Act 1990 proposing the demolition and rebuilding of a dwellinghouse (like for like) due to an insurance claim regarding subsidence damage to the property. Could this proposed development fall under permitted development rights?

The local planning authority has received an application for certificate of lawfulness for proposed development under section 192 of the Town and...
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6th Jun
Q&As

Can the local authority un-adopt an already adopted road, if so under what circumstances can they do so?

Can the local authority un-adopt an already adopted road, if so under what circumstances can they do so?Once a highway has been adopted, if it is no...
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6th Jun
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...
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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...
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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...
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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...
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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...
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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)...
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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...
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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...
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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?...
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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...
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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...
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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...
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6th Jun

Popular documents

Admissibility of hearsay evidence in criminal proceedings

Admissibility of hearsay evidence in criminal proceedings

Admissibility of hearsay evidence in criminal proceedingsHow to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential elements.There must be:•a statement•made out of court•relied on for the truth of the matter stated,

Interim injunctions—the American Cyanamid guidelines

Interim injunctions—the American Cyanamid guidelines

Interim injunctions—the American Cyanamid guidelinesThis Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead of trial. As set out below, there are different considerations depending on whether the interim

Financial Conduct Authority—Principles for Businesses (PRIN)

Financial Conduct Authority—Principles for Businesses (PRIN)

Financial Conduct Authority—Principles for Businesses (PRIN)This Practice Note explains the Principles for Businesses (PRIN) set down by the Financial Conduct Authority (FCA). The Principles form part of the FCA’s High Level Standards set out in the FCA’s Handbook. The Principles are a general

TCC—preparing for and attending a pre-trial review (PTR)

TCC—preparing for and attending a pre-trial review (PTR)

TCC—preparing for and attending a pre-trial review (PTR)Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in CPR 60, CPR PD 60 and the TCC Guide. As these provisions are additional to the general