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Planning
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?
If my client consents to alterations, can it be construed as agreeing to a change of use via the back door?
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?
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?
If access to a development is over a pavement does the developer need to enter an agreement with the land owner or highways?
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 we require the highway authority to change a restricted byway to a full highway?
Can the LPA still take planning enforcement action?
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?
Under the Commission for New Towns were certain types of planning permitted without the need for obtaining planning permission?
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?
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?
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?
When will sections 14-17 of the Growth and Infrastructure Act 2013 be implemented in Wales?
What obligations relate to sightlines?
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?
Can an application be made for registration of common land if there is a planning application for that land?
Can a frontager rely on the ad medium filum rule to grant a right of way?
Is a mortgagee bound by section 106 obligations if the agreement does not contain a clause restricting liability?
How could the granting of ASTs to individuals be avoided?
What limitation period applies where a council carries out demolition works and wants to recover expenditure?
Do you have a precedent compulsory acquisition notice under section 134 of the Planning Act 2008?
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?
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?
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?
Can a dormant company enter into a legal deed such as a section 106 agreement?
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?
What can a buyer do where there is no evidence of permission to drop a kerb on a highway?
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?
Can I find out if neighbours are planning works to their properties before buying a neighbouring property?
If a commercial property has planning permission to change use to residential do you need an EPC for commercial or residential use?
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?
Is a registered social landlord classed as a 'local authority' for the purpose of section 237 of the Town and Country Planning Act 1990?
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?
Does a landowner have a duty to replace a tree that was subject to a TPO if someone else removed it?
Development agreements and the Construction Act 1996
Is there any authority for the meaning of a "residential use only" clause?
Is a call centre a shop for the purposes of the Sunday Trading Act 1994?
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?
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?
Do you have a summary of the criteria that has to be satisfied for an Enabling Development for Listed Buildings?
What triggers the payment of CIL?
Who is responsible for maintaining a bridleway?
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 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 section 57(2) of the TCPA 1990 allow the resumption of "normal" use before a temporary consent is time expired?
Can a husband's executors remove a Class F land charge registered by his wife, now deceased?
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?
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?
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?
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?
Do you have a deed of assignment of a section 38 agreement?
Can we abandon part of planning permission granted?
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?
Do all owners of the red lined area of a planning application need to be a party to the section 106 agreement?
Does a section 106 agreement have to be ancillary to a planning permission?
Do you have a contract for the assignment of a lease conditional on the assignee getting planning permission?
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 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?
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?
How will affordable housing reforms be affected in a planning context?
Is conservation area consent needed to carry out alterations to a listed building?
What use class under the Use Classes Order 1972 does a restaurant fall within?
Publicity for planning applications
Is listed building consent required for internal alterations to a new extension on a listed building?
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?
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?
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?
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?
Does a mortgagee need to be party to a section 106 agreement?
Can I develop an existing structure on a village green without fear of criminal prosecution if I have planning permission?
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?
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?
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?
Can I vary a planning condition attached to an appeal decision?
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 a set period for compliance with a section 215 maintenance notice?
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?
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?
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?
Does a former section 52 agreement continue to bind the land, notwithstanding the grant of a subsequent planning permission?
If the LPA refuses to modify a section 52 agreement where can the applicant go?
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?
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?
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?
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 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?
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?
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?
Is working from home 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?
Has the planning application been incorporated into the permission?
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?
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?
Do you have any precedent notices for advertising an appropriation of land under s122 of the Local Government Act in the press?
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 is the difference between section 247 and section 257 of TCPA 1990?
Do you have a scaffolding licence?
Can you implement a planning permission in part only?
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?
Should a bilateral section 106 agreement or a unilateral undertaking be used?
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?
Who can issue a section 215 maintenance notice?
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 the height restriction on fences that don't need planning permission and does this include any trellis?
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?
What cases deal with unreasonably withholding consent required under restrictive covenants?
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?
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?
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?
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?
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?
Where can I find your precedent contract for sale of freehold land with vacant possession conditional on planning?
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?
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?
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?
From which part of sloping ground do I measure to ensure that decking falls within permitted development?
What use class does a surveyor's practice fall into?
Can Class A2 premises be changed to mixed use of A2 use and a single flat?
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