We cover all key aspects of the planning application process from the procedure, viability considerations, to decision-making and material considerations, to the duty to give reasons for planning decisions.
A series of Practice Notes and Checklists outlining the planning issues for a planning title in a property transaction. How information’s revealed, what to report on, and the significance of the findings for the buyer.
Compulsory purchase is governed by complex legislation, case law and guidance. We provide the legal requirements and good practice to help customers navigate the procedure, scope of CPOs and opportunities for challenge.
Planning requirements, procedures, policy, appeals and enforcement. We cover developments ranging from small-scale residential extensions to nationally significant infrastructure projects.
This week’s edition of Planning weekly highlights includes: analysis of the Court of Appeal’s decision quashing an injunction preventing the use of an...
The Chief Planner, Joanna Averley, has published the a planning update newsletter for October 2025, written for the chief planning officers at local...
The Department for Energy Security and Net Zero (DESNZ) has published a policy statement outlining the government’s approach to how the National...
Planning analysis: In Dharmeshkumar v SSLUHC, the High Court confirmed that extensive refurbishment works amounted to ‘development’ under section 55...
Planning analysis: The Court of Appeal overturned the High Court decision that temporarily barred the use of a hotel in Epping, Essex, to house asylum...
Community Infrastructure Levy (CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paidIntroductionThe Community...
Planning case tracker—2025The Planning case tracker is a list of key judgments from 2025 considered relevant to planning lawyers, with cases listed in...
BREEAM key requirementsWhat is BREEAM?The Building Research Establishment’s Environmental Assessment Methodology (BREEAM) is a method for evaluating...
Drafting a contract conditional on planningNature of the conditionIt is common for contracts for the sale of commercial property to be drafted on the...
Telecoms leases—the previous Electronic Communications Code—drafting points and due diligence [Archived]ARCHIVED: This archived Practice Note is...
Wayleave agreement—previous Electronic Communications CodeSTOP PRESS: THE NEW ELECTRONIC COMMUNICATIONS CODE CAME INTO FORCE ON 28 DECEMBER 2017. THIS...
Precedent s 38 agreementDeed dated [insert date] under section 38 Highways Act 1980 relating to construction and adoption of roads at [insert text]...
Environmental Information Regulations 2004—request for environmental information[Insert name of public authority][Insert public authority's address,...
Precedent s 106 deed of indemnityAGREEMENTrelating toliabilities arising from an agreement made under section 106 of the Town and Country Planning Act...
Buyer’s CIL liability/Planning Liability termination clause1DefinitionsBiodiversity Gain•the biodiversity gain objective described in Schedule 7A of...
Statutory wayleaves and rights of accessUtilitiesThe water, gas, electricity, communications and energy industries enjoy statutory rights of access...
Planning conditions—the six testsPowers to impose planning conditionsThe general powers for local planning authorities (LPAs) to impose conditions on...
Section 215 notice requiring maintenance of landIntroductionThe purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to...
Bias and pre-determination in planning casesScope of bias and pre-determination in planning casesBias and pre-determination can be an issue in...
Permitted development in WalesPlanning permission is required for the development of land. 'Development', which is defined in the Town and Country...
Declaratory relief of planning decisionsA declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a...
Sites of Special Scientific Interest (SSSIs)What is a Site of Special Scientific Interest?Sites of Special Scientific Interest (SSSIs) are sites in...
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...
Material change of useControl of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is...
Implementing a CPO—notice to treat and General Vesting DeclarationContextThe confirmation of a compulsory purchase order (CPO) does not vest title in...
The Crichel Down RulesThe Crichel Down Rules (the Rules) require that in certain circumstances, surplus government land that was acquired by, or under...
Local community groups can nominate buildings/land for listing as ACVs. When ACVs come up for sale or change ownership, a moratorium on the sale of up to six months can be invoked, giving local groups an opportunity to bid to buy the asset on the open market.
Public bodies, such as local planning authorities, have compulsory purchase powers to enable them to carry out their statutory functions. A compulsory purchase order (CPO) is an order made by a public body under statutory powers to enable them to acquire land to carry out statutory functions, such as to develop land or construct road schemes.
Highways that allow the public a legal right of passage, including footpaths, bridleways, Byways Open to All Traffic and restricted byways. PROW have the same legal status and protection as highways and remain in existence until legally closed, diverted or extinguished. It is a criminal offence to obstruct a PROW.