The Planning Portal has a function to amend a planning application that has already been submitted. Changes to the form and documentation may be subject

The planning application making reference to the development of some social housing within the scheme does not mean that the council is obliged to incorporate a planning obligation condition requiring the provision of social housing in the approval. Accordingly, in the absence of such a condition or obligation as part of the planning permission, the developer is free to implement the permission for the—probably more lucrative—private market. However, if the council has simply overlooked the provision of social housing, which was a relevant material consideration without explaining that element of its planning judgment, it is arguable that it has effectively committed an error of law or fact. It would be open to a third party to challenge this planning consent. The first consideration should be whether the council has fulfilled its statutory duties and responsibilities

It is still relatively common to see planning conditions attached to planning permissions which include a 'tailpiece'—ie the words 'unless otherwise agreed in writing'. On the face of it, this allows for some discretion as to how the requirements of the condition are to be satisfied. An example of such a planning condition might be: ‘No development shall take place until details of a servicing management plan have been submitted to and approved in writing by the Local Planning Authority. The servicing requirements as set out in the approved plan shall be followed unless otherwise agreed in writing by the Local Planning Authority.’ General view While tailpieces do still appear in planning conditions, there has been much debate about their lawfulness. The difficulty that they pose is rooted in the fact that they give the local planning authority (LPA) and applicant the ability to agree certain changes after the grant of consent. These may allow for

Is the informal opinion of a planning officer binding on a local planning authority (LPA) in respect of commencement of development? Section 56 of the Town and Country Planning Act 1990 (TCPA 1990) provides that development is to be taken to be begun on the earliest date on which any material operation comprised in the development begins to be carried out. TCPA 1990, s 56(4)(b) provides that the digging of a trench which is to contain foundations, or part of the foundations, of a 'building' amounts to a material operation. In this case, it is not known whether the trench was dug for the purpose set out in TCPA 1990, s 56(4)(b) or how

The point at which a planning permission granted under section 73 of the Town and Country Planning Act 1990 (TCPA 1990) is implemented, where development has already commenced, is often difficult to determine. Permissions granted under TCPA 1990, s 73 result in the grant of a new planning permission, leaving the original planning permission intact and unamended, and the developer free to choose which permission it wishes to implement. See Practice Note: Amending a planning permission, retrospective planning permission and revocation of planning permission—Variation of conditions under section

This is a Q&A about whether it is necessary for dependants to apply to switch categories at the same time as their relevant points-based system (PBS) migrants. The Points Based System (Dependant) Guidance confirms the general position that: ‘If the main migrant changes employer or educational institution, and is therefore issued with a new certificate of sponsorship and applying for leave to remain to work or study under their new sponsor, dependants do not have to apply with them for leave to remain. Instead PBS dependants can

The grant of a new assured shorthold tenancy (AST) will operate as a surrender of the existing tenancy in respect of which the possession order has been made. The possession order would not relate to any new tenancy granted and in the event that the tenant breached the new AST, a further section 8 notice would need to be served and a fresh application made to court seeking possession. Where a possession order has been made, the existing

The accelerated possession procedure is a method of obtaining possession of residential premises let on an Assured Shorthold Tenancy (AST) without a court hearing. It is the fact that, in most cases, a judge will make a decision on paper rather than calling the parties to a hearing that gives rise to the term ‘accelerated’. The actual time which the process takes is not significantly shorter than proceeding by way of the standard procedure, as there is still a requirement to serve a section 21 notice and give the requisite minimum two months’ notice period. Further, if the paperwork is not in order or if the tenant defends the case, the court will list the matter for a directions hearing, or may dismiss the application, requiring the recommencement of the whole process. In

A post-termination restriction (or restrictive covenant) in a contract of employment will be void from the beginning unless the restraints that it imposes are reasonable having regard to the interests of the parties and of the public. For further information, see Practice Notes: • Restraint of trade in employment • Post-termination restrictions on competition • Post-termination restrictions—reasonableness If a contract of employment is terminated following a repudiatory breach by the employer, such as a wrongful or

For information: • on zero hours contracts generally, see Practice Note: Zero hours contracts • on protections for zero hours workers (including employees) in relation to exclusivity clauses, see Practice Note: Exclusivity clauses—protections for low-income and zero hours workers Under section 27A of the Employment Rights Act 1996 (ERA 1996), any provision of a zero hours contract is unenforceable against a worker if it prohibits the worker from: • doing work or performing services under another contract or under any other arrangement, or • doing so without the employer’s consent Workers under a specified contract (ie low-income workers) are also protected by the Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022, SI 2022/1145, regs 2–3. For more information,

This Q&A considers alternative employment for fair dismissal purposes and the question of suitable alternative employment for statutory redundancy payment purposes. Reason for dismissal The same definition of ‘redundancy’ applies for the purposes of determining: • the entitlement to a statutory redundancy payment • whether, in the context of an unfair dismissal claim, the reason for dismissal is redundancy Under this definition, an employee is dismissed by reason of redundancy if their dismissal is wholly or mainly attributable to: • the employer ceasing or intending to cease carrying on the business for the purpose of which the employee was employed by them • the employer ceasing or intending to cease carrying on that business in the place where the employee was so employed • the requirements of the business for employees to carry out work of a particular kind, either generally

An ordinary power of attorney must be entered into as a deed (section 1(1) of the Powers of Attorney Act 1971). Whether a company can grant a power of attorney will