Background to Crown’s immunity from development control In 1992, the government decided to progressively remove any immunities protecting government departments and Crown bodies from the usual processes and requirements of planning control. Previous immunity of the Crown from planning control and the provisions of the planning regime generally were removed by the Planning and Compulsory Purchase Act 2004. The Town and Country Planning Act 1990 (TCPA 1990) and related legislation now apply to Crown development, subject to special provisions. Government guidance In England, Planning Practice Guidance (PPG) provides government guidance on planning issues relating to Crown land. The government has also published a ‘Collection of guidance on Crown Development and Urgent Crown Development applications and decisions’ and guidance on words we use to talk about Crown Development applications. In Wales, the Welsh government has published a letter and accompanying memorandum on the Crown application of the Planning Acts (the Welsh Guidance). Special provisions qualifying the application of normal planning rules and requirements to the Crown Subject to the special provisions set out below, planning

This Practice Note considers the principal planning issues raised by agricultural development in England and Wales. It is concerned both with development undertaken for the purposes of agriculture itself and with development on farms and rural holdings which moves beyond agriculture into diversification, energy generation, residential use or other non-agricultural uses. Agricultural development in planning terms The statutory definition of agriculture for planning purposes is broad. It includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock, grazing land, meadow land, market gardens and nursery grounds, together with the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes. However, the fact that an activity takes place on a farm, or is commercially connected with farming, does not of itself make it agricultural in planning terms. This distinction is important because the use of land for agriculture, and the use for those purposes of a building occupied together with agricultural land, does not generally amount to development requiring planning permission. In some cases,

Planning permission—does demolition constitute 'development'? Under section 57(1) of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for any development carried out on land. Development is broadly defined as building, engineering or mining operations, or any material change of use. TCPA 1990, s 55(1A)(a) expressly defines the demolition of buildings as a building operation and so it falls within the definition of development. There is therefore a general requirement for planning permission to be obtained for most demolition. See Practice Note: Operational development. ‘Building’ is defined in TCPA 1990, s 336 as including ‘any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building’. TCPA 1990, s 55(2)(g), allows demolition of certain types of building to be exempted from the definition of development where a direction to that effect has been made by the Secretary of State. In England, the relevant direction is the Town and Country Planning (Demolition—Description of Buildings) Direction 2021 (the 2021 Direction), which replaced

Permitted development rights for telecommunications development Certain forms of telecommunications development, eg mobile telephone masts, are permitted development, ie they do not require planning permission. For more information, see Practice Notes: Permitted development in England, Permitted development rights and the prior approval system and Permitted development in Wales. In England, from 4 April 2022, certain permitted development rights for telecommunications were extended, following a consultation, to support the UK’s goal to have nationwide gigabit-capable broadband and 4G coverage, with 5G coverage for the majority of the population, by 2030. See: LNB News 07/03/2022 53. These changes are reflected in this Practice Note where relevant. What is permitted? Part 16 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 (GPDO 2015) in England and Part 24 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 (GPDO 1995) in Wales provide deemed planning permission (subject to exceptions and conditions) for development by or on behalf of an electronic communications code operator for the

Scope of planning judicial review A claim for judicial review is defined in the Civil Procedure Rules 1998 (CPR), SI 1998/3132, Part 54 as 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 local planning authorities (LPAs) and the Secretary of State which can be challenged in the courts by way of judicial review if the decision taken was unlawful, including but not limited to: • decisions by LPAs granting planning permission, reserved matters, approvals of conditions and prior approval under permitted development rights • decisions by LPAs to modify or discharge a planning obligation pursuant to applications under sections 106A or 106B of the Town and Country Planning Act 1990 (TCPA 1990) • decisions by the Secretary of State refusing to hear a planning appeal • decisions relating to development

Do I need a local authority search? Almost all transfers of property (whether commercial or residential) and acquisitions of new interests in property require a local authority search. A local authority search provides essential information about the land in which an interest is being acquired, enabling the purchaser to make an informed decision as to whether to proceed with acquiring an interest in the land. This Practice Note looks specifically at planning-related issues revealed by local authority searches and search enquiries. For more information on property searches, see Practice Notes: Pre-contract searches and Chancel repair liability. Identifying the correct authority Ensure the application for a local authority search is being made to the correct local authority, as boundaries are sometimes changed by local government. Gov.uk provides a postcode search to ascertain what local authority is responsible for an area. Note that the Infrastructure Act 2015 (InA 2015) provides for the transfer of responsibility for local land charges (LLCs), which form part of a local authority search, from individual local authorities in England and Wales to a centralised

This Practice Note provides an overview of the questions which need to be asked when planning a new share-based incentive arrangement. The outcome of these discussions will guide the type of plan(s) ultimately adopted and the terms of the plan(s). The main questions are: • why do we need an incentive plan? • what is the most appropriate type of plan? • what are the terms of the plan going to be? • what are the legal, regulatory, tax and financial requirements that could impact on the plan? • how is the plan going to be communicated and operated? For further details on the implementation process, see Practice Note: Share plan implementation process. For a questionnaire which helps the company elicit the most suitable share scheme for its objectives and needs, see Precedent: Questionnaire to select the right share option scheme. See also Practice Note: Selecting the right share scheme. Note: This Practice Note is a high level introduction to some of the issues to consider when implementing a share plan. For each point,

Section 106 of the Town and Country Planning Act 1990 (TCPA 1990) enables a person interested in land in the area of a local planning authority (LPA) to enter into an obligation (a planning obligation): • restricting the development or use of the land in any specified way • requiring specified operations or activities to be carried out in, on, under or over the land • requiring the land to be used in any specified way, or • requiring a sum or sums to be paid to the authority on a specified date or dates or periodically Each provision of a planning obligation must fall within TCPA 1990, s 106(1)(a)–(d). Additionally, the Community Infrastructure Levy Regulations (CIL Regulations), SI 2010/948, reg 122 provides that

Planning obligations under the Town and Country Planning Act 1990, s 106 Section 106 of the Town and Country Planning Act 1990 (TCPA 1990) enables planning obligations to be entered into. Planning obligations impose requirements on developers and local planning authorities (LPAs), usually (but not necessarily) in connection with a specific development for which planning permission is being sought. Purposes of planning obligations TCPA 1990, s 106(1)(a)–(d) sets out four purposes, one of which must underpin any obligation imposed on a developer (by agreement or otherwise) under a planning obligation made under TCPA 1990, s 106. A planning obligation must: • restrict the development or use of land in a specified way • require specified operations or activities to be carried out on land • require the land to be used in a specified way, or • require a sum to be paid to the authority on a specified date or dates periodically Although a planning obligation can require the payment of sums to the authority, it is an established principle that a developer

This Practice Note should be read in conjunction with Practice Notes: The statutory test for section 106 agreements and interaction with Community Infrastructure Levy (CIL) and Drafting section 106 agreements—practical advice for developers. What can planning obligations do? Planning agreements made under section 106 of the Town and Country Planning Act 1990 (TCPA 1990), also known as planning obligations or section 106 agreements, are agreements between developers/landowners and local planning authorities (LPAs). Planning obligations attach to a planning permission to make development acceptable which would otherwise be unacceptable in planning terms. TCPA 1990, s 106(1)(a)–(d) specifies that a planning obligation may be entered into between a person interested in land in the area of an LPA, and the LPA to: • restrict the development or use of land • require specified operations or activities to be carried out in, on, under or over the land • require the land to be used in a specified way • require the payment of a sum or sums to the LPA Each provision of a planning obligation must fall within

1 Definitions In this Schedule the following definitions apply: Buyer's Surveyor a chartered surveyor with not less than 15 years' experience in the [eg residential development] market in the [insert location] area; Capital Contributions the following contributions as defined in the Section 106 Agreement: (a) [The Library Contribution; (b) The Primary School Contribution; (c) The Secondary School Contribution; (d) The Special Needs Contribution; (e) The Transport (Schools) Contribution;

1 Definitions In this Schedule the following definitions apply: Affordable Housing Unit means: (a) an ['affordable housing unit' OR [as appropriate]] as defined at clause [insert clause number] of the Section 106 Agreement; or (b) any Residential Unit used for the purpose of Affordable Housing; Buyer's Surveyor a chartered surveyor with not less than 15 years' experience in the [residential development OR [as appropriate]] market in the [insert location] area; Current Use Value the Market Value