Do you have a clause for passing ownership of architect's plans on a sale of land with planning permission?
Is it possible to serve a Case B notice to quit under the AHA 1986 in relation to part only of the holding?
For the purposes of a permitted change of use under the GPDO where no operational development has occurred, when is the use taken to have begun and the permitted change implemented?
If my client consents to alterations, can it be construed as agreeing to a change of use via the back door?
Would the erection of a multi-storey car park (in the grounds of an airport) benefit from permitted development rights?
Is an appeal from a refusal of planning permission by a local planning authority a rehearing of the application (that can go into issues other than the grounds for refusal), or merely an appeal as to whether the grounds for refusal are valid or invalid?
Does section 84 of the Planning and Compulsory Purchase Act 2004 prevent an LPA from following up enforcement action by entering the land to rectify a default? If so, how can the Local Authority enforce against the MOD if they cannot enter the land?
I have a situation where a planning condition and an obligation contained in a section 106 agreement which are related do not accord in terms of timing for compliance by the Developer. In terms of enforcement which takes precedence?
Should a camping pod be defined as a tent or a caravan for planning purposes?
Can land subject to a charge be dedicated as highway land? What are the risks to a local authority when the mortgage is not released prior to the dedication?
Do you have a template removal notice requiring the removal of a structure used for the display of advertisements?
What is the legal authority that says planning decisions should be made in accordance with current planning policies (i.e. those that exist at the time of the date of determination rather than at the date the planning application is registered)?
If access to a development is over a pavement does the developer need to enter an agreement with the land owner or highways?
Can a local authority remove permitted development rights on the grant of a certificate of lawful use?
What do you think about vacant building credit guidance?
Is my article 4 direction still in force?
Can outline planning permission be granted for a development which consists of part change of use of an existing building together with operational works to alter the building and land within the site?
Does a grant of prior approval under Part 3 Class N of the Town and Country Planning (General Permitted Development) Order 1995 need to be registered as a local land charge?
Can a notice offering to sell land to a former owner under the Crichel Down rules be withdrawn if another government department requires use of the land following service of the notice?
Should retrospective LBC be obtained?
Do the trustees of a Settled Land Act Settlement need to be party to a section 106 agreement to be entered into by the life tenant?
When submitting an application for a CLOPUD can an LPA ask for an environmental statement (or similar document assessing environmental impact of proposed use) to be submitted?
Can the developer build out the original planning permission rather than the varied permission?
Can we require the highway authority to change a restricted byway to a full highway?
Can the LPA still take planning enforcement action?
Article 4 of the DMPO 2010 states that where access is a reserved matter, the application for outline pp shall state the area(s) where access points to the development proposed will be situated. Does access have to be to a public highway?
What type of external alterations/additions to a property (ground floor flat) could be considered not to be caught by the definition of 'development' and therefore not triggger the requirement for planning permission?
Please can you advise on what basis it is deemed that there are no permitted development rights for flats? What is the authority for this view? it there an alternative view/interpretation of the law?
Planning permission was refused over 12 months ago (it is currently the subject of an appeal), however a policy change means the development would now be approved – can the LPA waive the application fee or extend the 12 month period for a resubmission of the same application?
If the written description of the extent of a scheduled monument is different from what is shown on the plan what is the procedure or effect? Does the plan or written description take precedence?
If you have planning permission for something and build it but then 10 years later demolish it, do you need to obtain planning permission again to rebuild it or can you rely on the earlier permission?
Can a condition be imposed on a reserved matters approval requiring the submission of revised plans for layout and dwellings?
A planning application has been submitted. The red edged land includes third party land which forms part of the adopted highway. Do the paper owners of the subsoil of the highway need to be party to the section 106 agreement?
Can a planning condition regarding the use of the premises stop permitted development rights being used?
What use class is a karaoke bar?
If an LDC states that a building can be used for Class A3 in accordance with the details submitted in the application statement rather than saying, for example, it can be used between specified hours. Is the LPA able to control its operating hours?
Can a Grampian style planning condition be used to prohibit development on land outside of the control of the applicant until specified works have been carried out?
Can an LPA be required to refund unspent monies paid to it under a unilateral undertaking if a provision is inserted into it by the applicant requiring it to do so as a term on which the contribution is paid?
Is it possible to swap incorrect plans attached to a planning permission with correct ones?
Is it possible to seek an injunction to remedy a breach of planning control?
Is planning permission required for the installation of external or solid wall insulation on a dwellinghouse in England?
Is planning permission required for the construction of an electricity substation?
Do you know of any requirement that plans attached to a section 106 agreement need to be signed by the parties?
What was the development order in force before 1995?
Planning permission has been granted for various equestrian activities. What is the authorised use for the purposes of the TCPA 1990?
I am looking for materials that there may be (case law/commentary) in terms of the level of detail required to be gone into in a planning officer’s report determining an application?
Can you complete a section 106 agreement/planning obligation in counterpart?
Under the Commission for New Towns were certain types of planning permitted without the need for obtaining planning permission?
Can a planning permission be granted with a condition obliging the developer to enter into a section 106 agreement/planning obligation?
Can the local planning authority revoke a "prior approval not required" for an extension on a residential house granted under Class A of the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013?
How long should the LPA wait before it makes a further prosecution, if the owners still do not comply with the section 215 maintenance notice?
If an LPA purports to extend the life of a planning permission as part of a section 73 application, can the applicant rely on the extended lifespan of the planning permission even though section 73(5)(a) of the Town and Country Planning Act 1990 prohibits such extensions?
Can a local planning authority revoke a prior approval it has granted under the Town and Country Planning (General Permitted Development) Order 1995 (SI 1995/418)?
Where a unilateral undertaking has been entered into but the planning permission was never implemented and has lapsed, is there an implied term that the undertaking is discharged?
A planning permission has been granted, however the description of the development is incorrect. Can planning permission be re-issued to reflect the new description?
Do you have any guidance on how (and to what extent) the details of a planning application can be kept confidential?
How long can a neighbourhood plan last for?
What use class does a solicitors fall in?
Where a planning application has been submitted jointly, can one of the applicants withdraw it?
Is an unsigned section 215 notice (TCPA 1990) valid? Can the notice still be registered as a local land charge?
In relation to a commercial sublease of less than seven years, would the freeholder be required to serve notice on the subtenant and occupier of an application for planning permission? What options does a subtenant have to oppose the application?
If a client's property has been granted permitted development under class M for business use, can they now qualify under class MB for residential use?
Do the Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992 apply to all modifications/discharges or just to those which the LPA has not agreed to?
Is it possible to prosecute the personal representatives of the deceased for non-compliance with a planning enforcement notice?
Is planning permission required to change the use of a property from a hostel to a dwellinghouse?
Can a CLEUD be abandoned?
Do you know of any specific cases where a planning committee has granted a resolution for planning permission, but has delayed giving the permission so LPA is required to take the matter back to committee?
How much is human rights a material consideration in respect of planning applications?
Does an applicant have to sign a planning application for it to be a valid application?
When will sections 14-17 of the Growth and Infrastructure Act 2013 be implemented in Wales?
If money for junction improvements under a section 106 agreement have not been paid and the junction improvements cannot now be carried out, can the LPA still demand payment?
Is planning permission required to replace air conditioning units on a roof (like-for-like, same location) when there is planning permission for the original units?
Is planning permission required for partial demolition (removal of chimney) of a locally listed building in a conservation area?
Is planning permission required for the conversion of existing agricultural units to another use?
Can third parties have costs awarded against them at planning appeal?
Why is there a requirement in my section 106 agreement requiring an affordable housing provider to enter into a deed of adherence?
Does the listed building regime still apply to a property owner if the fact that his building was listed was not recorded as a local land charge when he purchased the property?
What is the procedure for taking a matter back to the magistrates' court under section 216(6) of the TCPA 1990?
Under what legislative powers can an LPA vary/withdraw or amend a section 215 maintenance notice?
Part of a building has been erected on council owned land, what can the council do?
What obligations relate to sightlines?
Class J of the GPDO 1995 contains a time limitation where development is not permitted if the use of the building as a dwelling house begins after 30 May 2016. Must the building be occupied or is it sufficient if the works are complete by this date?
Does an enforcement notice have to be served on one property only, or can it be served on several neighbouring properties all affected by the same change of use?
Does a fence which is 3.6 metres high stretching across a property from side boundary to side boundary, but located 3-4 metres from the rear boundary require planning permission?
Where land, which is the subject of a section 52 agreement is now solely owned by the LPA, how can the section 52 agreement be discharged?
Is a private school, which is a charity, a business for the purposes of outdoor advertisements and signs regulations?
Would floors which were used as offices but have planning permission for residential use be commercial or residential areas for the purposes of the tenants right of first refusal where the landlord wants to grant a residential development lease?
Is a planning condition which requires works on land outside the control of the applicant enforceable?
Is there a definition for "in lawful use" for the purposes of CIL?
Does a CLOPUD have a shelf life?
Do you have any guidance/appeal decisions/caselaw in relation to what constitutes "occasional use"? Is it possible to look behind the Certificate of Lawfulness at the Summary of Decision when interpreting the meaning of the Certificate of Lawfulness?
Does a local planning authority have to sign their decision notice when granting or refusing consent? Are there any prescribed requirements for a planning decision notice?
Is planning permission required to amalgamate three retail units into one retail unit?
Does article 10A of the DMPO 2010 apply to CLOPUD applications and the new applications for Certificates of Lawfulness of Proposed Works (listed buildings)?
Can you cure a certificate confirming land ownership for planning purposes retrospectively?
Does ClassJ of Part 3, Schedule 2 to the GPDO apply to part of a building?
Can a tenant under a lease with less than 5 years unexpired be required to be a party to a s.106 Planning Obligation?
What use class does an ice cream and milkshake parlour fall in?
Can a change of use permission be partially implemented?
What evidence is needed to establish the current use of the property?
Can an application be made for registration of common land if there is a planning application for that land?
If a planning appeal is made, when does jurisdiction pass to the Secretary of State?
What enforcement action can be taken against alterations carried out to a flat?
Can a frontager rely on the ad medium filum rule to grant a right of way?
Is planning permission required to build a new pumping station?
Does a variation to a section 106 agreement have to be entered into by deed?
What is the status of a planning permission which has been granted based on a footprint area which is owned in part by a third party?
Does the whole building have to change use to benefit from Class D, Part 4 of Schedule 2 to the GPDO 1995?
Is my client bound by the planning obligation/section 106 agreement?
Can a shop selling food heated on the premises (as its main business) fall within Use Class A1 (as opposed to A5)?
Are LPAs subject to a statutory duty to act reasonably when imposing planning conditions?
Can an LPA release just my client's land from a section 52 agreement without involving the other landowners?
Can an LPA enforce planning obligations over 15 years old on new tenants?
Can a planning appeal against non-determination be withdrawn to enable the LPA to grant planning permission?
What happens to an Article 4(2) direction under the GPDO 1995 if the conservation area is later reduced in size?
Do you think section 96A of the TCPA 1990 could be used to extend the time limit for commencement of development if the LPA agree?
Flexible planning permissions and Class E, Part 3, Schedule 2 of the GPDO 1995
What use class does a data centre fall under?
If an owner of a building has express planning permission to demolish it, but would have had permitted development rights to demolish in any event, does the demolition occur pursuant to planning permission or permitted development rights?
Is this planning condition valid?
Is a mortgagee bound by section 106 obligations if the agreement does not contain a clause restricting liability?
Can you appeal against a grant of planning permission? Is the LPA bound by its own SPG?
How could the granting of ASTs to individuals be avoided?
Which use class order category would a cab/taxi office come within?
How do I know if planning permission should have been obtained for an extension? Is there a dimension limit?
Is listed building consent also needed where buildings regulation is required for the installation of internal partitioning in a listed building?
Where an LPA serves an invalid enforcement notice does this break the 4 year rule for applying for a certificate of lawful use?
What is the effect of an article 4 direction where development is being undertaken?
Is planning permisson required to place gravel on an existing drive of a listed building?
What is meant by the "same character or description" for deciding whether a planning application gets a free go?
Can a surety clause be used as standard in a section 106 agreement?
What limitation period applies where a council carries out demolition works and wants to recover expenditure?
Can a long leaseholder enter into a section 106 agreement without the freeholder being a party?
Can a subsequent property owner be fined for the removal of a tree protected by a TPO if the tree was removed by a previous owner?
Do you have a precedent compulsory acquisition notice under section 134 of the Planning Act 2008?
An old planning enforcement notice has recently been breached. The notice was not placed on the planning register. Will that have any bearing on the issue of immunity?
A tenant wishes to run a raw food cafe (under the current A1 use) but wants a change to A3 to get more seating. Is this correct?
Would a vineyard business satisfy section 290 of the Town & Country Planning Act 1971?
If my client wants to use the basement for non-food retail when there is a planning permission in respect of such use for the whole building, can it?
Is planning permission required to revert back to the lawful use of the premises before the temporary planning permission expires?
Do you have a clause for the assignment of the benefit of planning permission?
What is the effect of a final adoption certificate not being issued, can you override adopted status on a purchase and what is the effect of adverse possession on the adoption?
How do I discharge a section 52 agreement?
Can an approved planning condition become "unapproved"?
Is class E, Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 still in force?
Does class J of the GPDO 1995 allow an office building to be converted into more than one flat?
Can a dormant company enter into a legal deed such as a section 106 agreement?
Can a LPA attach conditions to a prior approval decision?
Do you have a clause indemnifying a buyer against breach of the planning permission conditions?
What are the considerations associated with applying for an injunction for breach of a section 106 planning agreement?
How can a local authority recover the costs incurred to comply with an enforcement notice?
Does a charge have to be legal to constitute an interest in land for the purposes of a section 106 agreement?
Is there a legal mechanism for LPA's to require section 106 agreements to mitigate the impact on highways etc in respect of prior approval applications for conversion of offices to residential?
In a shopping centre, would planning permission be required to materially alter an individual retail unit or would this not fall within the definition of development?
What use class does a caravan park fall within?
Is there any caselaw that says that the council resolution should be to delegate to issue a planning permission upon receipt of a satisfactory completed section 106 agreement?
What is meant by a mixed use in relation to Class F(b), part 3 of Schedule 2 to the GPDO 1995?
In relation to the GPDO 1995, are you aware of any ruling or guidance on what "adjacent" means?
What can a buyer do where there is no evidence of permission to drop a kerb on a highway?
Does a planning application for an "enabling development" for a listed building have to be decided within a set period of time (even if the applicant consents to the delay)? If so, what is the set period?
Does a local planning authority have any powers to force a landowner to replace dead trees if the landlowners has taken no action to remove them?
Are you able to convert an office into a residential property if there is already a tenant in occupation?
What use classes do a vehicle repair business and petrol filling station fall within?
Can a section 106 agreement include an obligation to pay a sum of money directly to a private landowner?
Where a garage has been converted to living accommodation contrary to a planning condition, can planning enforcement action be taken?
Implementation of a planning permission
Where the servient owner wishes to redevelop land subject to a right of way can he prevent the right being used during the course of the development?
What use class does an optician fall in?
Can I find out if neighbours are planning works to their properties before buying a neighbouring property?
Is there a definition under law or legislation for 'affordable housing'?
Is planning permission needed to change the use from a restaurant (use class A3) to a betting shop (use class A2)?
If a commercial property has planning permission to change use to residential do you need an EPC for commercial or residential use?
What are the remedies for withdrawing consent to a change of use under planning legislation after originally giving consent?
Will a change of use of an empty building be a chargeable development under CIL?
What factors will be taken into account by the Council when someone objects to a proposed change of class from class C1 (hotels) to self contained units (Class C3)?
Is a planning permission free from challenge after six weeks have passed?
Would the construction of a small wall within a building's curtilage but not touching the building require listed building consent or planning permission?
Is a campervan a caravan?
Where a landlord has been served with a breach of condition notice, what are the implications for a prospective tenant?
What happens if a tenant opens another sports store which is not in compliance with a planning condition?
Is a registered social landlord classed as a 'local authority' for the purpose of section 237 of the Town and Country Planning Act 1990?
If the LPA refuses planning permission (prior to the adoption of CIL) but permission is granted on appeal (after the adoption of CIL) is CIL payable?
Will an agreement to transfer land bind the seller's successors in title?
Can a buyer acquire land to a lesser extent than that contained in the original planning consent?
Does the existence of a planning permission mean an application to register the land as a TVG cannot be made?
How can I protect tree roots from damage by development following planning permission and does abatement apply to roots?
Can premises being used for a mixed use (class A1/A3 (sui generis)) be used solely for class A1 or class A3 purposes without requiring planning permission?
When does the period of six months run from for proceedings to be taken under section 224(3) of the Town and Country Planning Act 1990 (enforcement of advertisement control)?
Is planning permission or building regulations required for the conversion of a garage into an office and a bedroom into a bathroom?
What use class does a referral service fall within?
Does a landowner have a duty to replace a tree that was subject to a TPO if someone else removed it?
Will planning permission be required to change from a use falling within Class A2 of the Use Classes Order 1987 to a use falling within Class A1?
Development agreements and the Construction Act 1996
What is a "planning unit"?
If land has changed its use from agricultural land to residential garden, how many years is needed to obtain immunity from enforcement action?
Is there any authority for the meaning of a "residential use only" clause?
Where the local planning authority (LPA) is the landowner subject of an agreed developer application for planning permission what is the best approach for the LPA to take regarding the completion of a section 106 agreement?
Is there a legal definition of a semi-detached and detached property?
Is it possible to appeal against a building control notice on the grounds that to comply with it would breach planning?
Is a call centre a shop for the purposes of the Sunday Trading Act 1994?
What action could the LPA take against a landlord of the property where the tenant is in breach of planning?
A determination under section 106BA of the Town and Country Planning Act 1990
If a listed barn is destroyed (and was previously in a state of bad repair) is there any obligation on the landowner to reinstate the barn?
How does the variation of a section 106 agreement impact on the judicial review period of a planning permission?
How long does a planning enforcement notice last if the works required to be carried out are not done?
How can an LPA recover from an owner the costs incurred in complying with a section 215 notice?
Is there a prescribed form for a planning decision notice?
Is listed building consent needed to erect a new shed in the grounds of a listed building?
Can my clients change the opening hours of their dental practice? Is a “study club” ancillary or incidental to the main use?
Can my client argue that because the new consent of a planning permission hasn't been implemented the original consent still applies?
Does signing a section 106 agreement fall under paragraph 43(2) of Schedule B1 to the Insolvency Act 1986?
Is a debt under section 54 of the Planning (Listed Buildings and Conservation) Act 1990 a local land charge?
Do CQS accredited firms have to use the most recent versions of the protocol forms?
Do we need to serve an exemption notice for an advanced payment charge site where a section 106 agreement has been entered into?
Can section 247 Town and Country Planning Act 1990 be used to stop up a footpath?
Is a care home a dwelling house as it is a person's primary residence?
How long does an LPA have to give the public to comment on a planning application? Does an LPA have to serve notice of an application by post on neighbours?
Do you have a summary of the criteria that has to be satisfied for an Enabling Development for Listed Buildings?
Can a planning obligation be used to enable development to proceed under a lapsed planning permission?
What use class does a haulage/depot fall under?
How can a seller ensure that they are notified if, as and when the buyer gets planning permission?
What triggers the payment of CIL?
Can the public raise objections to our client's planning permission on the basis that the tennis court could cause an obstruction to the bridleway?
Can a section 73 application be used to vary a condition on a reserved matters approval?
Who is responsible for maintaining a bridleway?
Can an office building never used as offices benefit from the new Class J permitted development rights?
Change in use from offices to residential where prior permission is in place
Will a section 106 agreement bind a superior estate?
What is meant by 'and by all persons against whom the obligations are enforceable' in section 106A(1) of the TCPA 1990?
Can an LPA serve a planning enforcement notice on the freeholder where the planning permission is personal to the leaseholder?
Could we defeat a planning application for development of adjoining land with a claim that we have a right of light where our land has no buildings on it?
Will the broadening of permitted development rights trigger payment of an overage payment?
Does an awning require a licence under the Highways Act 1980?
Is there a third party right of appeal against a planning permission?
Is a lease granted to the planning applicant for a term of 6 years a sufficient legal interest in the land to enforce the terms of that undertaking?
Does Class E of the General Permitted Development Order 1995 apply to existing buildings, or only new development?
Does section 57(2) of the TCPA 1990 allow the resumption of "normal" use before a temporary consent is time expired?
If a property has an established A1 retail use and is then used as an amusement arcade for 11 years, is planning permission needed to go back to A1 use?
If an agricultural building changed its use to Class A2 would it later be able to convert into a mixed use of Class A2 and flats?
Do we have immunity from planning enforcement and building regulations under the four year rule?
Is planning permission or conservation area consent required to carry out internal, non-structural works to an unlisted building in a conservation area?
Does a buyer incur any liability if a TPO protected tree is felled by a previous owner without consent?
Can a husband's executors remove a Class F land charge registered by his wife, now deceased?
Is the identification of the applicant important in a planning application?
To what extent are retail sales allowed in a warehouse (Class B8)?
Does a tenant who is holding over need to be a party to the unilateral undertaking?
Is the GPDO relevant when planning permission has been given for demolition?
Can you have an option to call for the grant of an easement?
What is the period for possible challenge to a planning permission (by the local authority and inspector/court)?
Do you know if compensation is payable under section 247 of the TCPA 1990?
Can a LPA issue a Building Preservation Notice when a planning application has been submitted?
Is there another way to set aside a planning permission apart from judicial review?
When do the powers under section 237 of the Town and Country Planning Act 1990 apply?
Does an opening hours condition attached to a Class A2 use apply to a later Class A1 use?
What steps can a Local Authority take to secure entry to a premises for a planning enforcement matter?
Can an enforcement notice be served when the breach is not occurring?
Where a Council 'wears two hats' or acts in two capacities, will the grant of planning for a use be deemed to be a consent under a restrictive covenant prohibiting such use without consent?
Why does my client need to establish whether there are any outstanding obligations relating to a section 106 agreement?
What is meant by substantial completion in planning terms?
Growth and Infrastructure Bill and amendments to the GPDO 1995
What statutory consents are required for re-covering a roof?
How do I know if an agricultural occupancy planning condition still affects a property?
Is planning permission/building regulations required to convert two maisonettes back to one house?
Does a tenant need planning permission to use premises as offices where lease user provides for use as light industrial factory, workshop and/or warehouse (with ancillary offices) within Class B1(b) and (c) and B2?
Does the absence of a local planning authority's letter of satisfaction to planning conditions mean the property is adversely affected?
What is the situation where only one of two conditions is appealed under section 78 of the TCPA 1990?
Can a planning obligation be used to secure a contribution when a certain level of profit is reached?
Can a local authority take enforcement action after 23 years?
Does an enforcement notice expire after a certain time?
Can pre-application discussions with a Planning Officer amount to misrepresentation or misstatement if they were relied upon by a developer?
Does the grant of planning permission for a use 'override' a restrictive covenant prohibiting that use?
What is the effect of a planning obligation where the section 106 agreement includes land that is not owned by any of the parties to the deed?
What issues should I consider if my client wants to use part of her home for holiday lettings?
Is there any case law on the definition of full planning permission?
Is listed building consent required where you have lifted roof tiles to replace felting and battens below and then have replaced the same roof tiles?
Does a section 106 agreement need to be registered at the Land Registry as well as at the Land Charges department?
If an LPA refuse a planning application which is then granted on appeal, can the appellant sue the LPA?
Is there a time limit for planning obligations to be enforced?
If an LPA Receiver enters into a section 106 Agreement with a Local Authority, will he enter it as agent for the borrower or as agent for his appointing bank?
Does a stopping up order transfer the sewers back into private ownership?
Are World Heritage Sites subject to additional planning restrictions and rules?
Do you have a deed of assignment of a section 38 agreement?
Can we abandon part of planning permission granted?
Is there a statutory time scale by which an LPA has to make a decision on an application for a Certificate of Lawful Use?
Do permitted development rights under Part 12 of the GPDO 1995 extend to those carrying out works on behalf of the LPA?
If A cuts down a tree in a conservation area without consent from the LPA , and then sells the land to B, can the LPA take action against B?
When there is a planning appeal does everyone who signed a petition need to be notified?
Can you get retrospective listed building consent?
Do all owners of the red lined area of a planning application need to be a party to the section 106 agreement?
What evidence is required to obtain a CLEUD?
Does a section 106 agreement have to be ancillary to a planning permission?
What use class would the manufacture of sausages fall within?
Do you have a contract for the assignment of a lease conditional on the assignee getting planning permission?
Is planning permission required to change the use of a unit falling with Class B8 of the UCO 1987 to a use falling within Class B1?
Do you think this clause is standard, and what does it mean?
Why is an article 4 direction a local land charge?
If A has the benefit of an option to buy land, can A contract to sell that land to B before A has exercised the option or does A have to assign the option?
If a condition attached to a listed building consent is not complied with what are the sanctions?
Can my client somehow get his land back? He transferred it to his son many years ago, but they have since fallen out.
Do I need to get a CLEUD?
Can a section 106 agreement require a percentage of the profit to be paid to the LPA?
Can a planning condition require a financial payment to be made?
Is planning permission required to change commercial premises to residential premises?
Is planning permission required for the conversion of a garage into a habitable room?
Who needs to enter into the deed of variation for a section 106 agreement?
Can a third party have a look at a proposed section 106 agreement?
Is planning permission needed to lay a cable for an electricity supply?
Do you know where we might find a straightforward list of geographical areas where the HS2 plans need to be borne in mind as an issue?
If the outline planning permission contains no condition relating to the approval of reserved matters can the applicant apply for reserved matters outside the three year period?
Do we have to apply for a TPO permission to lop trees to allow a neighbour to exercise a right of way with high-sided vehicles?
Do compensation rights apply where permitted development rights are withdrawn by way of article 4 direction?
Are section 104 agreements personal to the parties?
Is planning permission and/or listed building consent required to convert a Grade II listed dwelling into two houses?
How will affordable housing reforms be affected in a planning context?
Is conservation area consent needed to carry out alterations to a listed building?
Is planning permission required to convert a non self-contained flat into a self-contained flat?
What use class under the Use Classes Order 1972 does a restaurant fall within?
Assumption of liability notice
Publicity for planning applications
Reduction of time limit for making oral representations to the Council
Is listed building consent required for internal alterations to a new extension on a listed building?
Can we serve a purchase notice under section 137 of the TCPA 1990?
Do Children’s homes fall within Class C3 of the Town and Country Planning (Use Classes) Order 1987 (SI 1987/764) (as amended)?
Should I use a section 278 agreement?
Should I apply for registration of land referred to in a section 247 stopping up order?
Do you have a contract conditional on environmental matters?
What use class does a gym fall into?
Does my client have any power to force the council to sell land which has not been used for the purpose which triggered a CPO threat?
When is a change of use permission implemented?
Does the Limitation Act 1980 apply to planning obligations?
Is there still a public right of way?
How can my landed estate client preserve the character, appearance and amenity of houses of which it intends to dispose?
Is it a criminal offence to build without planning permission?
Is CIL payable if outline planning permission is granted prior to the adoption of a charging schedule?
Is planning permission required for woodland used for amenity use?
On what grounds can I object to a planning application?
Do you have to be above a certain age to apply for planning permission?
Is planning permission required for a change of use from a HMO to private flats?
If an enforcement notice is served for breach of condition, can an application for the variation/removal of that condition be made?
Does a mortgagee need to be party to a section 106 agreement?
What are the notification requirements for a planning application?
Can I develop an existing structure on a village green without fear of criminal prosecution if I have planning permission?
Once a personal planning permission ends is planning permission required to revert back to the former use?
If planning permission has been granted will a TRO be granted?
Can surplus monies given under a unilateral undertaking be repaid to the developer?
If a developer obtains future finance would the chargee become liable under the section 106 agreement as a "successor in title" to the developer?
Can Grampian conditions be imposed requiring a section 106 agreement to be entered into?
Can you direct me to any cases following or distinguishing Newland v Secretary of State for Communities and Local Government?
Can an interruption in the unlawful use affect the acquisition of immunity from planning enforcement action?
What is the additional period specified in section 78A of the TCPA 1990?
What is the procedure for implementing a local plan?
Do you need planning permission for large storage containers in the yard of a factory
Is planning permission required to convert four self-contained flats into two self-contained flats?
Can a highway be diverted over an unwilling landowner’s land?
If a change of use is not implemented, is a planning permission required to occupy the premises for the former use?
How can we change occupancy conditions on a property?
Does the Environment Agency constitute a government department for the purposes of Part VI, Chapter II (blight) of the Town and Country Planning Act 1990?
Where a property is in an article 4 direction area and building regulation approval and a completion certificate has been obtained, would planning permission still be required?
What is the potential liability for a purchaser of a development under an Advance Payment Code Notice where the developer is in receivership but the development has been completed?
Is Listed Building Consent required to change the use of a Listed Building?
Can I vary a planning condition attached to an appeal decision?
Is it possible to make an LPA act reasonably in a unilateral undertaking?
Does the sale of cars from vehicle repair premises mean planning permission is required?
Is village green status or an application for village green status a material planning consideration?
Are local authorities bound by the National Planning Policy Framework when disposing of open space?
Does the presumption that land includes the airspace above it apply to a flying freehold?
Is there any legal basis for the requirement to show land owned by an applicant close to or adjoining the application site?
Is there a set period for compliance with a section 215 maintenance notice?
Is planning permission required to change a use to another use within the same use class?
Can I revive a planning permission that has expired?
Can you challenge a planning decision by judicial review?
What date does a planning permission expire?
Can a Council assume liability for the Community Infrastructure Levy?
Where land has been transferred to the Council as public open space and the Council then obtain permission to construct houses on the open space can the developer challenge this?
Does the local authority need to issue a warrant to enter land to carry out works under a section 215 notice?
Do you have a clause for a section 106 agreement that exempts residential owners from complying with the agreement?
Can a developer upgrade a byway without involving the owner of the sub-soil?
Where an article 4 direction is in place do the usual rules apply for enforcement?
CLEUDs: How do you calculate the 10 year period where a material change of use has occurred?
Are there any formalities required to relinquish a planning permission?
Do I need to transfer a planning permission to a new owner?
Is planning permission required to create a natural cemetery?
Who is a section 106 agreement enforceable against?
Does a former section 52 agreement continue to bind the land, notwithstanding the grant of a subsequent planning permission?
Can new air conditioning units take advantage of the four year immunity rule that the previous units had?
If the LPA refuses to modify a section 52 agreement where can the applicant go?
What is the effect of a planning enforcement notice on the land charges register?
If a use fell within use class A3 prior to 2005, what use class does it now fall in?
Should I obtain indemnity insurance regarding a 1980's domestic garage for which there is no building regulations documentation?
Can a Highways Authority object to a planning application on the basis that the development would require lorries and other vehicles to pass over a BOAT?
Please could you advise whether all of the Neighbourhood Planning (General) Regulations 2012 are now in force?
Can a section 106 agreement be entered into after planning permission has been granted?
Does an unlisted building in a conservation area have the benefit of deemed planning permission for its demolition?
Can I seek an injunction for obstruction of an easement?
When will the Flood and Water Management Act 2010 requirement for approval of sustainable drainage systems come into force?
Could a managing agent be classed as an "owner" or occupier" for the purposes of section 215 of the TCPA 1990?
From a planning point of view, can I build up to the boundary of my property?
Can you challenge the level of a BID levy?
Can section 106 of the WIA 1991 be excluded by a planning condition/obligation?
At what stage is action under the Listed Building Act 1990 exhausted allowing the LPA to proceed under section 79 of the Building Act 84?
Can a section 106 agreement apply to land that is outside the redline planning application land?
Can we decline to determine a retrospective planning application where an enforcement notice has already been issued?
What is the effect of an Inclosure Award on the obligation to maintain a boundary?
Can the court order the transfer of a property to a co-owner where deadlock has occurred?
CIL: Is there any guidance advising what a limited period is in relation to the definition of planning permission?
Is a company in administration immune from prosecution for a breach of planning conditions?
Can a door open outwards over a highway?
Is planning permission required to change a large house in multiple occupation to a dwelling house?
Do you have a storage licence where the licensee agrees not to object to planning applications?
What can a local authority do when successive section 215 notices have been ignored?
Can we enter into a section 38 agreement if we don't own the land?
Is an EPC needed on a sale of a church with the benefit of planning permission for change to residential use?
Does a notice to treat expire once the development is discontinued?
If a lease provides that a property may only be used for residential purposes, can it be let out on an AST?
Is there a difference in the procedure and/or effect of an application for an LDO on land owned by a LPA?
Have Regional Spatial Strategies been abolished?
Can a local authority can sell the land 'with planning consent' under s.106 agreement?
Do you have a notice of assignment?
If an option is exercised does the section 106 agreement bind successors in title?
What use class does a food production unit fall under?
Can a site allocated for housing in the local development plan be de-allocated?
If planning permission is granted for a house in multiple occupation, does this trump a restrictive covenant in a lease for use as a single private property?
What use is Class A1 and Class B1 of the Town and Country Planning (Use Classes) Order 1987?
Is working from home sufficient to constitute live-work usage for planning purposes?
What is sufficient to constitute live-work usage for planning purposes?
Can additional obligations be inserted into the deed of variation in order to make it acceptable to release the tie?
Has planning permission been lawfully implemented?
Is planning permission required to change the use of a hostel or HMO to a private dwelling house?
Is the grant of planning permission considered to be an 'improvement' for which compensation is payable under the LTA 1927?
Do you have a definition of Onerous Conditions?
Is a caravan/mobile home a dwelling house under the GPDO 1995?
Has the planning application been incorporated into the permission?
What remedies are available to the council where their land has been enroached by a new building?
Can a CLEUD be revoked under a section 106 agreement?
Are objections to planning applications made public?
Is a deed necessary to discharge a section 106 agreement?
Can a council insist that a developer set up a management company following advance payment code notices for a private road?
When considering an option of obtaining a certificate of lawful use for land that has been used as residential for a number of years, do you have any guidance on what evidence is required?
Is a change from A5 use to A1 possible without planning permission?
Is planning permission required for the replacement of windows in a conservation area?
Does PINS have discretion to extend the time limit for filing an appeal against a listed building enforcement notice?
Is consent needed to display the Union Jack and the EC flag?
Do you have any precedent notices for advertising an appropriation of land under s122 of the Local Government Act in the press?
Is planning permission required to change the use of a guest house to a dwelling house?
What is the Use Class of a beauty salon?
Does the building of a retaining wall and flat platform require planning permission?
Are you intending to publish a note on minerals law/ manorial rights and law?
What are the enforcement provisions for non-compliance with a tree preservation order?
What is the difference between section 247 and section 257 of TCPA 1990?
Can a local authority serve enforcement notices and section 215 notices?
Do you have a scaffolding licence?
Can you implement a planning permission in part only?
Can a local authority enter into a planning obligation?
Can I suggest an addition to your practice note on Charges: discharging a registered charge on completion?
Is an appraisal of the sustainability under the PCPA 2004 different to an environmental assessment under the EAPPR 2004 please?
Could the rule in Caradon be extended to private dwellings let to students?
What permissions are required for the construction of a pond on agricultural land?
Do you have any guidance on section 1(4) of the Occupiers' Liability Act 1984?
Is SDLT chargeable on the assignment of CPO monies receivable?
Does a section 106 agreement bind mortgagees of private individuals who are subject to an exclusion clause?
Does a section 73 application for a minor material change require a new planning obligation?
Is this planning obligation enforceable?
Does a fire authority have statutory powers to CPO land?
Should a bilateral section 106 agreement or a unilateral undertaking be used?
What is the lawful use under the TCPA 1990?
Who carries out the examination of neighbourhood development orders?
Who carries out the examination of neighbourhood development orders?
What constitutes commencing development for planning purposes?
What can my client do if he has acquired a leasehold interest of a residential property, in circumstances where the property was converted into two dwellings without formal planning approval?
How do the transitional provisions work for section 184 of the Localism Act 2011 and tenancy deposit schemes?
Is entering into a unilateral planning obligation under Section 106 of the TCPA a disposition of the registered estate?
When is CIL payable?
Can I claim adverse possession over a highway?
What amounts to material operations in connection with the implementation of a planning consent?
What are the transitional provisions under the Localism Act 2011 in relation to enforcement?
Can you indicate whether the status of the PPSs and PPGs has been affected by the introduction of the NPPF?
What is a local planning authority resolution?
What happens if a planning condition is not complied with?
Who can issue a section 215 maintenance notice?
What is the time limit for issuing a judicial review application following the grant of a CLEUD?
Is a conditional purchase agreement between developer and landowner a legal interest for the purpose of a section 106 agreement?
When does a stopping up order take effect?
What does "public open space" mean?
What are the statutory requirements for section 106 agreements to be entered on the planning register?
Is there a risk that an option could be void because of uncertainty regarding the option period?
What is a sufficient interest in land to enter into a unilateral undertaking?
What is the height restriction on fences that don't need planning permission and does this include any trellis?
How can a condition on a planning permission be corrected?
Can you obtain a stopping up order for a private road?
What pre-contract enquiries should I raise in respect of planning issues?
Can we discharge a section 106 agreement if planning permission has been granted on appeal?
Are s.278 agreements registrable as local land charges?
What cases deal with unreasonably withholding consent required under restrictive covenants?
Who can bring a planning appeal?
If premises are to be used as a restaurant and takeaway what use class will it fall under?
Is special planning permission required for a fish and chip shop?
Should we enter into an agreement to vary an agreement for sale?
Do you have a definition of Greenfield Land?
How do I determine the boundaries of my client's property?
If planning permission is granted for the renovation of a summerhouse within the curtilage of a dwelling house, can that building then be rented out to tenants?
What action can be taken for tree root damage?
What powers of objection do water companies have?
Do you have any precedents for an Inter-Developer Agreement?
Is planning permission required to revert back to a former use?
What evidence of established use do I need for a property used as three flats?
How do the provisions of the Localism Act 2011 impact on section 106 agreements?
What is an assignment by way of security?
What is the authority for the requirement for planning permission for short term lettings in London?
What happens if the statutory notification for planning applications is not carried out correctly?
What use class does a show house fall within?
Is planning permission needed before an LPA can seek a compulsory purchase order?
Can we impose a condition requiring off-site car parking in a planning permission?
Will a break in the use of premises affect the grant of a certificate of lawfulness?
Is planning permission required to erect a satellite dish in a conservation area?
Where there are two planning obligations on a site which takes precedence?
Could your practice note on stopping up a highway cover objections?
Should restrictive covenants in s.106 agreements be registered at the Land Registry?
How do you enforce a condition requiring the replacement of trees?
What are the notification requirements of a grant of planning permission?
Are there any special rules for Crown land in relation to s106 agreements?
Is planning permission required to demolish a row of shops to use for car parking?
Is there a statutory time limit for parties to agree a planning obligation?
Was this sewer and drain transferred to the utilities provider?
Is building regulations approval required to convert a conservatory into a kitchen?
What can a neighbour do if the Council has failed to notify them about a planning application which is then granted?
Is planning permission required to replace a septic tank in the neighbour's garden?
Can a company in administration vary the original section 106 agreement?
Are enforcement proceedings for lack of building regulation consent and planning permission in a conservation area estopped after 10 years?
Are conditions attached to an outline planning permission still relevant if a reserved matters approval has been obtained?
Have I completed the wrong certificate of ownership to support a planning application?
Can BT erect lines without the landowner's consent?
When is an advanced payment code notice under the Highways Act 1980 served?
Can an applicant appeal against non-determination of a planning application?
Can a section 106 agreement be enforced against the owner of part of a site?
When is CIL payable?
Do you have a precedent tree notice?
Is the issue of a certificate of lawfulness for existing use or development (CLEUD) a grant of planning permission?
Is planning permission required to change the use of a dwelling house to a bed and breakfast premises?
Where a landowner has applied for a permanent permission can a temporary planning permission be granted?
Do you have a contract for the assignment of a lease subject to the assignee obtaining planning permission for change of use?
Is planning permission required for a change of use?
What notices must be served in relation to the Community Infrastructure Levy?
Where can I find your precedent contract for sale of freehold land with vacant possession conditional on planning?
How can I challenge the approach of a planning officer?
Should I advise my client to wait until the judicial review period expires before he starts work on his newly bought site?
Do you have a planning applications flowchart?
Can a planning obligation be required at reserved matters stage as well as at outline planning permission?
What are the time limits for taking planning enforcement action where a dwelling house has been converted into flats?
How should overage provisions and easements be documented and can a local authority remove restrictive covenants where they do not own the land?
Should the planning permission be attached to the section 106 agreement?
Does a temporary planning permission prevent the completion of a partly implemented planning permission?
Where the owner of land entering into a section 106 planning obligation is a charity, do I need to do anything special?
Is a local search required for new build properties and when should the seller be obliged to hand over the NHBC documents?
Is the database of prosecutions for unlawful advertising and fly-posting on the planning portal still accessible?
Transfer of public open space to the Council or not?
Can a local authority impose a bond on a developer in regard to section 106 agreement?
What is an advertisement?
Is an alternative site a material planning consideration?
Does non-compliance with pre-commencement conditions mean that a planning permission is not validly implemented?
From which part of sloping ground do I measure to ensure that decking falls within permitted development?
Can I use the land I am purchasing for A3 use?
What use class does a surveyor's practice fall into?
Under what circumstances would a developer be permitted to enter a building under section 88 of the Planning (Listed Buildings and Conservation Areas) Act 1990?
Can Class A2 premises be changed to mixed use of A2 use and a single flat?
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