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Planning
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Can a notice offering to sell land to a former owner under the Crichel Down rules be withdrawn if another government department requires use of the land following service of the notice?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?
Can section 247 Town and Country Planning Act 1990 be used to stop up a footpath?
What use class does a haulage/depot fall under?
Does a buyer incur any liability if a TPO protected tree is felled by a previous owner without consent?
Is there another way to set aside a planning permission apart from judicial review?
Does a section 106 agreement need to be registered at the Land Registry as well as at the Land Charges department?
Does a stopping up order transfer the sewers back into private ownership?
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?
What evidence is required to obtain a CLEUD?
If a condition attached to a listed building consent is not complied with what are the sanctions?
Are section 104 agreements personal to the parties?
Does the Limitation Act 1980 apply to planning obligations?
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?
Is it possible to make an LPA act reasonably in a unilateral undertaking?
Is there a set period for compliance with a section 215 maintenance notice?
Does the local authority need to issue a warrant to enter land to carry out works under a section 215 notice?
Who is a section 106 agreement enforceable against?
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?
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?
Could a managing agent be classed as an "owner" or occupier" for the purposes of section 215 of the TCPA 1990?
Can section 106 of the WIA 1991 be excluded by a planning condition/obligation?
Can a section 106 agreement apply to land that is outside the redline planning application land?
CIL: Is there any guidance advising what a limited period is in relation to the definition of planning permission?
Is planning permission required to change a large house in multiple occupation to a dwelling house?
What can a local authority do when successive section 215 notices have been ignored?
What use class does a food production unit fall under?
What is sufficient to constitute live-work usage for planning purposes?
Is a caravan/mobile home a dwelling house under the GPDO 1995?
Has the planning application been incorporated into the permission?
Is a deed necessary to discharge a section 106 agreement?
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 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?
Can a local authority serve enforcement notices and section 215 notices?
Does a section 106 agreement bind mortgagees of private individuals who are subject to an exclusion clause?
Who carries out the examination of neighbourhood development orders?
Is entering into a unilateral planning obligation under Section 106 of the TCPA a disposition of the registered estate?
When is CIL payable?
What happens if a planning condition is not complied with?
Who can issue a section 215 maintenance notice?
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 are the statutory requirements for section 106 agreements to be entered on the planning register?
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?
If premises are to be used as a restaurant and takeaway what use class will it fall under?
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?
What is the authority for the requirement for planning permission for short term lettings in London?
What use class does a show house fall within?
Is planning permission required to erect a satellite dish in a conservation area?
Should restrictive covenants in s.106 agreements be registered at the Land Registry?
Are there any special rules for Crown land in relation to s106 agreements?
Is there a statutory time limit for parties to agree a planning obligation?
Was this sewer and drain transferred to the utilities provider?
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?
Have I completed the wrong certificate of ownership to support a planning application?
Can an applicant appeal against non-determination of a planning application?
What notices must be served in relation to the Community Infrastructure Levy?
What are the time limits for taking planning enforcement action where a dwelling house has been converted into flats?
Should the planning permission be attached to the section 106 agreement?
Can a local authority impose a bond on a developer in regard to section 106 agreement?
Does non-compliance with pre-commencement conditions mean that a planning permission is not validly implemented?
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?
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