How are section 278 and section 38 agreements revealed? Check the results of the local search and the seller’s replies to enquiries. Section 278 agreements are only registrable as local land charges if: • they have been entered into pursuant to an obligation in a s 106 agreement, or • the highway authority (HA) has declared that there has been a financial default under the agreement Section 278 agreements Section 278 agreements are used where a developer requires off-site work (other than simple access) to be carried out to a highway. Design and construction of the works on the highway may be undertaken by the HA at the developer’s cost. Alternatively, the agreement may appoint the developer as the HA's agent to carry out the works (in which case the agreement must be supported by a bond). If the works are carried out by the developer, a certificate of practical completion is issued once the works have been completed to the satisfaction of the HA engineer. After satisfactory completion of a 12-month

Planning analysis: The court in this case had to determine whether in a prosecution for breach of an enforcement notice the council had to prove the existence of an Article 4 Direction removing permitted development rights and, if so, how. It also had to decide whether the absence of proof of an Article 4 Direction as a defence to a breach of an enforcement notice was precluded by section 285(1) of the Town and Country Planning Act 1990 (TCPA 1990). In dismissing the appeal, the court held that it was not open to the appellant to argue as a defence that the council could not prove the existence of the Article 4 Direction and, in any event, the council had proved the existence of the Article 4 Direction. Written by John Litton QC, barrister, at Landmark Chambers.

Planning-related fees are charged so that developers, rather than taxpayers in general, meet the costs incurred by local planning authorities (LPAs) in determining planning applications. Planning fees are set by government nationally; LPAs have no discretion over the set fees. The fees charged for each category of development broadly reflect the work an LPA has to do to process an application. However, in England, the Planning and Infrastructure Act 2025 (PIA 2025) contains provisions (not yet in force) which allow regulations to authorise or require LPAs to set the level of a fee or charge and require income from certain planning fees or charges to be applied towards specified planning functions. Guidance on fees In England, guidance on fees is available in Planning Practice Guidance and on the Planning Portal. In Wales, guidance is available from the Welsh government and on the Planning Portal. The Fee Policy in Wales explains how planning application fees are set and when they will be reviewed. How are fees set? Fees for planning applications and related advice are set out in legislation:

The Planning Act 2008 (PA 2008) sets out a development consent regime for nationally significant infrastructure projects (NSIPs) in England, in the fields of energy, transport, water, waste water, and waste. Applications for development consent orders (DCOs) are determined by the Secretary of State (SoS) in accordance with National Policy Statements. See Practice Note: Permission for nationally significant infrastructure projects. Fees Regulations and guidance Fees for DCOs are only payable in respect of the specific matters set out in the Infrastructure Planning (Fees) Regulations 2010, SI 2010/106 (the Fees Regulations). Fees for non-nationally significant projects (ie development proceeding under the Town and Country Planning Act 1990 instead of PA 2008) are subject to different fees. See Practice Note: Planning fees. The government has published: • guidance on the Fees Regulations (the Fees Guidance), which sets out examples of how the fees work in practice • guidance on cost recovery by the Planning Inspectorate (PINS) and public authorities enabled by the Fees Regulations, SI 2010/106, regs 2A and 12A, and • a list of the fee

This Practice Note gives an overview of judicial review of planning decisions in Scotland. It explains when planning decisions and actions of planning authorities and Scottish Ministers may be challenged, and distinguishes judicial review from statutory review and appeal. It outlines who may bring a claim, applicable time limits, and the limited scope of review, which focuses on legality rather than merits. It summarises the principal grounds of challenge, available remedies and potential costs risks in planning litigation. It is part of a collection of guidance on planning in Scotland, see: Planning for property lawyers in Scotland—collection. Scope of judicial review in planning matters A claim for judicial review is a claim to review the lawfulness of an enactment, or a decision, action or failure to act in relation to the exercise of a public function. Decisions, actions or failures to take action in relation to the exercise of a public function are in principle subject to judicial review. This encompasses many planning decisions and actions by planning authorities

This Practice Note provides an overview of planning conditions in Scotland and the statutory powers of planning authorities to impose conditions on planning permissions under the Town and Country Planning (Scotland) Act 1997 (TCP(S)A 1997). It explains the legal tests governing the validity of conditions, including the principles established in Newbury and the six tests in Planning Circular 4/1998. It distinguishes planning conditions from planning obligations, outlines conditions relating to time limits, and explains how conditions may be modified or discharged. It also addresses breach of condition, enforcement action and the availability of retrospective planning permission where conditions have not been complied with. It is part of a collection of guidance on planning in Scotland, see: Planning for property lawyers in Scotland—collection. The general powers for planning authorities (PAs) to impose conditions on the grant of planning permission are set out in TCP(S)A 1997, ss 37 and 41, although statutory powers to impose conditions are also set out in TCP(S)A 1997, ss 33, 42 and Sch 3. The Scottish Ministers also

Finance (No 2) Act 2017 (F(No 2)A 2017) introduced several tax reforms in relation to foreign domiciliaries, including major changes to the regime that applies to offshore trusts. These changes include the introduction of the concept of a ‘protected settlement’, and the related concept of ‘tainting’. This Practice Note sets out the key points of the new regime as they relate to settlors of offshore trusts who are about to become deemed domiciled under the 15-year rule and their trustees. For information on the deemed domicile rules, including the 15-year rule, see Practice Note: Deemed domicile for tax from 6 April 2017. Abolition of the remittance basis and introduction of a residence-based IHT regime from 6 April 2025 Finance Act 2025 (FA 2025) which received Royal Assent on 20 March 2025, implements legislation to abolish the remittance basis of taxation and replace it with a residence-based regime, commencing on 6 April 2025. FA 2025 also replaces domicile as the key factor in establishing

Effective spatial planning is an important part of a successful response to climate change, as it can influence the emission of greenhouse gases. Local planning authorities (LPAs) and other planning decision-makers should ensure that protecting the local and the wider environment is properly considered. Effective planning can also help to increase resilience to climate change impact through the location, mix and design of development. Considering climate change in the planning system Planning policies and decisions can help to protect and improve the environment and tackle climate change in several ways, including by: • protecting important natural, landscape and heritage assets, and incorporating nature, landscape and public space into development and its surroundings • supporting habitat creation and nature recovery in ways which benefit nature and people • promoting locational and design decisions that reduce exposure to pollution and hazards and respond to changing climate conditions, eg the risk of overheating, surface-water flooding, and water scarcity • enabling renewable and low carbon energy production and distribution, at both a commercial and household scale; and policies for regulating carbon-generating extraction

Many small domestic extensions to dwellinghouses benefit from permitted development rights and do not require planning permission if they meet specific criteria. Legislation and guidance Permitted development rights for development within the curtilage of a dwellinghouse, which includes conservatories, garages and lofts, are set out in: • Schedule 2, Part 1 of the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 (in England) (the England GPDO), and • Schedule 2, Part 1 of the Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 (in Wales) (the Wales GPDO) The Planning Portal in England and Wales contains guidance on permitted development rights for conservatories, garages and lofts—the relevant links are set out in each category below. The government in England and Wales has also published guidance on householder permitted development rights, which includes conservatories, garages and lofts. ‘Dwellinghouse’ The permitted development rights set out in this Practice Note apply to ‘dwellinghouses’. Dwellinghouse is defined in article 2 of the England and Wales GPDO as: ‘“dwellinghouse”, except in Part 3 of Schedule

This Checklist provides guidance on interpreting the planning history of a site in Scotland for due diligence purposes. It explains how to identify and assess restrictions arising from planning conditions attached to a planning permission and from planning obligations entered into under section 75 of the Town and Country Planning (Scotland) Act 1997 (TCP(S)A 1997). It outlines how to check the extent of land affected, confirm compliance or discharge, report on ongoing obligations and conditions, and consider options for appeal, modification or discharge where restrictions adversely affect a transaction. It is part of a collection of guidance on planning in Scotland, see: Planning for property lawyers in Scotland—collection. Planning conditions or planning obligations may restrict what could or can be done with land or buildings. See Practice Notes: Planning for Property lawyers (Scotland)—Planning conditions and Planning for property lawyers (Scotland)—Planning obligations (section 75 agreements). Planning obligations Agreements made under TCP(S)A 1997, s 75 (known as section 75 agreements, or planning obligations) regulate the use of land, and bind successors

This Practice Note provides a practical guide to investigating planning title in Scotland as part of property due diligence. It explains why planning searches and enquiries are essential to confirm lawful use and development, identify breaches of planning control, outstanding obligations and enforceability risks, and ensure the property can be used for its intended purpose. It covers checking title for planning-related defects, including section 75 planning obligations and conditions, making enquiries of the planning authority and seller’s solicitor, reviewing the Property Enquiry Certificate, and carrying out physical inspection. It also addresses building regulations compliance, listed buildings, conservation areas, roads matters, enforcement risks, and the need to secure copyright licences for unimplemented planning consents. It is part of a collection of guidance on planning in Scotland, see: Planning for property lawyers in Scotland—collection. The importance of investigating title Carrying out adequate searches and enquiries of the planning aspects of a property is important before acquiring that property or an interest in that property, to ensure that the buyer will:

This Practice Note explains when planning permission is required in Scotland under the Town and Country Planning (Scotland) Act 1997 (TCP(S)A 1997) by analysing the statutory meaning of development. It covers operational development, including building operations, demolition, engineering, mining and other operations involving physical change to land, and identifies key exclusions such as internal works, non-material external alterations, certain infrastructure works, incidental residential uses, agriculture and forestry. It examines material change of use, focusing on planning impact, character and intensification of use, and the concept of the planning unit. It also outlines changes of use not constituting development and explains the role of lawful development certificates in confirming lawful existing or proposed development. It is part of a collection of guidance on planning in Scotland, see: Planning for property lawyers in Scotland—collection. Meaning of development Pursuant to TCP(S)A 1997, s 28, planning permission is required for ‘the carrying out of any development of land’. Development is defined in TCP(S)A 1997, s 26: • the carrying out of building, engineering, mining