| 1 | Listed buildings toolkit A toolkit to guide users around PLC Property materials on listed buildings, including enforcement powers for dealing with breaches of the regime. | Practice note: overview | Maintained |
| 2 | Planning enforcement toolkit A toolkit to guide users around PLC Property materials on planning enforcement. | Practice note: overview | Maintained |
| 3 | Telecommunications and permitted development This note looks at the permitted development rights that enable electronic communications code operators to erect apparatus such as mobile phone masts without requiring express planning permission. | Practice note: overview | Maintained |
| 4 | Adoption of sewers: section 104 agreements A note on sewer adoption agreements and the adoption procedure for newly constructed sewers by a regional water and sewerage company. | Practice notes | Maintained |
| 5 | Advertisement control: enforcement This note considers the enforcement measures available to local planning authorities to deal with the unauthorised display of advertisements. | Practice notes | Maintained |
| 6 | Advertisement control: is consent required to display an ... This note looks at the regulations that govern the display of advertisements in England. | Practice notes | Maintained |
| 7 | Applying for planning permission on a property you do not ... A note on whether you can apply for planning permission on a property before you own it. | Practice notes | Maintained |
| 8 | Article 4 directions and the restriction of permitted ... This note looks at the effect of Article 4 directions on permitted development rights in England and the procedure for making Article 4 directions. | Practice notes | Maintained |
| 9 | Ask the team: Once a temporary planning permission has ... An article looking at whether following the expiry of a temporary planning permission, planning permission is required to revert back to the former use. | Practice notes | Maintained |
| 10 | Boundaries and boundary rules A practice note explaining the general boundaries rule, and the rules for fixing boundaries under the Land Registration Act 1925 and the Land Registration Act 2002. The note also sets out the more commonly used boundary presumptions relating to roadways, hedges and ditches, non-tidal rivers and streams, tidal rivers and streams, lakes and the sea-shore. | Practice notes | Maintained |
| 11 | Breach of listed building control: listed building enforcement ... This note looks at listed building enforcement notices, one of the methods available to local planning authorities to deal with unauthorised works to a listed building. | Practice notes | Maintained |
| 12 | Breach of planning control: an overview This note provides an overview of local planning authorities' powers to deal with unauthorised development. The note looks at local planning authorities' investigative powers, the decision to take planning enforcement action and injunctions. | Practice notes | Maintained |
| 13 | Breach of planning control: planning enforcement notices This note looks at planning enforcement notices, the main power used by local planning authorities to deal with unauthorised development. | Practice notes | Maintained |
| 14 | Breach of planning control: stop notices This note looks at stop notices, a power local planning authorities possess that can be used in conjunction with planning enforcement notices to deal with unauthorised development. | Practice notes | Maintained |
| 15 | Breach of planning control: temporary stop notices This note looks at temporary stop notices, one of the powers local planning authorities have to deal with unauthorised development. | Practice notes | Maintained |
| 16 | Business Improvement Districts (BIDs) This practice note looks at the nature of BIDs and what needs to be done to establish and run them. It also considers a buyer's concerns when the property it wants to acquire is in a BID area. | Practice notes | Maintained |
| 17 | Costs awards in planning appeals This note looks at the award of costs in planning appeals, in England. It considers the type of behaviour that can lead to an award and the procedures involved in obtaining a costs award. | Practice notes | Maintained |
| 18 | Demolition of buildings: is planning permission required? This note looks at whether planning permission is required to demolish all or part of a building. | Practice notes | Maintained |
| 19 | Development: what are building operations? This note looks at building operations in the context of development under the Town and Country Planning Act 1990. | Practice notes | Maintained |
| 20 | Eco-towns The Government has chosen an initial "first wave" of sites in England for the construction of new eco-towns, which will help address the chronic shortage of affordable housing, as well as reduce greenhouse gas emissions from buildings.The new towns are to be designed and built to a high "green" specification to achieve target standards of sustainable living. | Practice notes | Maintained |
| 21 | Environmental impact assessments (EIAs): overview This note provides an overview of environmental impact assessments (EIAs) under the EIA Directive (Directive 2011/92/EU on on the assessment of the effects of certain public and private projects on the environment) and how the Directive has been implemented in England and Wales by the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (SI 1999/293) and the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (SI 2011/1824). . | Practice notes | Maintained |
| 22 | EU Seveso II and III Directives: implementation in England This note provides a summary of the Seveso II Directive (Directive 96/82/EC on the control of major-accident hazards involving dangerous substances) and Seveso III Directive (Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC). It also explains how these Directives have been implemented in England, partly through the Control of Major Accident Hazards (COMAH) regime. | Practice notes | Maintained |
| 23 | Flood and Water Management Act 2010 A practice note on the Flood and Water Management Act 2010. | Practice notes | Maintained |
| 24 | Have I completed the wrong certificate of ownership to support ... A note explaining the possible effect of an incorrect ownership certificate on a planning permission. | Practice notes | Maintained |
| 25 | Highway repair orders under section 56 of the Highways Act ... A note on orders to repair a way or bridge under section 56 of the Highways Act 1980. | Practice notes | Maintained |
| 26 | Highways: issues to consider where a property overhangs a ... A note on what you need to consider where property overhangs a public highway. The note discusses: Obtaining a projection-over licence under section 177 of the Highways Act 1980. The proprietary rights that might be needed. How the "ad medium filum viae" presumption might assist. Steps to take when selling or purchasing a property. | Practice notes | Maintained |
| 27 | Immunity from planning enforcement action This note looks at how a breach of planning control acquires immunity from planning enforcement action. | Practice notes | Maintained |
| 28 | Impact of the public procurement regime on development ... A practice note on development agreements under which a commercial developer agrees with a local authority to develop land within the area for which the authority is responsible. This note considers the extent to which development agreements fall within the public procurement regime. David Gollancz is currently reviewing this note and a substantially revised version of it will be published shortly which reviews the current case law on the significance of enforceable obligations, clarifies the distinction between planning obligations under s106 and main development agreements, and which will be accompanied by short notes on agreements under s38 and s278 Highways Act 1980. | Practice notes | Maintained |
| 29 | Investigating the property: planning title A practice note setting out the ways in which a buyer can establish the planning position in relation to a property as part of its title investigation. | Practice notes | Maintained |
| 30 | Is planning permission required to increase the internal floor ... This note looks at whether planning permission is needed to provide additional floor space, such as a mezzanine, within a building. | Practice notes | Maintained |
| 31 | Landlord and tenant: residential use only clause and holiday ... A note on whether a residential use only restriction in a lease allows a property to be used for holiday lettings. | Practice notes | Maintained |
| 32 | Legitimate expectations A note on the public law concept of legitimate expectation and the factors that may give rise to a legitimate expectation. The note also sets out the issues which the court may take into account when deciding whether a public body has abused its position by frustrating a claimant's legitimate expectation. | Practice notes | Maintained |
| 33 | Liability of an individual householder under a section 106 ... A note explaining the possible liability that an individual householder may have under a planning obligation that relates to a housing estate. | Practice notes | Maintained |
| 34 | Listed buildings and permitted development rights A note explaining whether listed buildings have permitted development rights. | Practice notes | Maintained |
| 35 | Local Development Orders This note looks at the powers English local planning authorities have to extend the type of development that has the benefit of deemed planning permission. | Practice notes | Maintained |
| 36 | Localism Act 2011 A practice note on the measures set out in the Localism Act, which received Royal Assent on 15 November 2011, and their implications for local government. Key measures covered in the note include: The general power of competence. Reforms of the planning system. Changes to local government governance. Reform of the delivery of social housing. | Practice notes | Maintained |
| 37 | Localism Act 2011: enforcement of concealed breaches of ... A note on the ability of local planning authorities in England to take enforcement action against concealed breaches of planning control following expiry of the statutory time limits. | Practice notes | Maintained |
| 38 | Localism Act 2011: neighbourhood development orders A note on neighbourhood development orders introduced by the Localism Act 2011. | Practice notes | Maintained |
| 39 | Managing flood risk This practice note pulls together information on the various initiatives intended to help manage flood risk in England and Wales. It includes information on Planning Policy Statement 25 (PPS 25), flood risk maps, building to be flood resistant and flood resilient, and information on the Statement of Principles, issued by the Association of British Insurers, which provides guidance on when insurers will continue to provide insurance cover for flood damage in relation to properties in areas at particular risk from flooding. The note also covers the Pitt Review, which examined the issues arising from flood-related emergencies in the summer of 2007, the Floods Directive (2007/60/EC) and the Flood and Water Management Act 2010. Note: On 27 March 2012, PPS 25 was replaced by the National Planning Policy Framework. We will shortly be updating this note to reflect these changes. | Practice notes | Maintained |
| 40 | Marine and Coastal Access Act 2009: coastal access This note explains the coastal access provisions of the Marine and Coastal Access Act 2009 (MACAA 2009). For information on other provisions of MACAA 2009, see Practice note, Marine and Coastal Access Act 2009: environmental implications. | Practice notes | Maintained |
| 41 | Marine and Coastal Access Act 2009: environmental ... This note explains the Marine and Coastal Access Act 2009 (MACAA 2009) insofar as it relates to the marine environment. It explains how the MACAA 2009 provides for creation of the marine regulator, the Marine Management Organisation (MMO), introduces a new marine planning process (including a Marine Policy Statement and marine plans) and changes the licensing of marine activities. For information on: Marine Conservation Zones, see Practice note, Habitats and wildlife: designations in England and Wales: Marine Conservation Zones. The coastal access provisions of the MACAA 2009, see Practice note, Marine and Coastal Access Act 2009: coastal access. | Practice notes | Maintained |
| 42 | Microgeneration This note summarises the main legal drivers for the development of microgeneration (the generation of electricity and heat on a small-scale) in the UK. | Practice notes | Maintained |
| 43 | National Infrastructure Plans: construction, environment and ... The government's National Infrastructure Plans of 2010 and 2011 (NIP 2010 and NIP 2011) set out a vision for the ongoing delivery of infrastructure improvements in the UK. | Practice notes | Maintained |
| 44 | National Planning Policy Framework (NPPF): an overview An overview of the main changes to the planning system introduced by the National Planning Policy Framework (NPPF). The NPPF came into force on 27 March 2012. | Practice notes | Maintained |
| 45 | National Planning Policy Framework (NPPF): interaction ... This practice note explains the high-level environmental policy in the National Planning Policy Framework (NPPF) and its supporting guidance. It also explains case law on the interaction between the planning and environmental regimes, and summarises the Penfold review of non-planning consents. | Practice notes | Maintained |
| 46 | Our clients are buying a house for their son and friends to live ... A note on the question of whether a house will be classed as a house in multiple occupation (HMO) if it is bought with the intention that it will be occupied by four student friends. | Practice notes | Maintained |
| 47 | Partially completed development: what can a local planning ... This note looks at the problems caused by partially completed development and the powers local planning authorities have to deal with these issues, including serving development completion notices or discontinuance orders. | Practice notes | Maintained |
| 48 | Pedestrianisation orders under section 249 of the TCPA 1990 A note on pedestrianisation orders under section 249 of the Town and Country Planning Act 1990 (TCPA 1990). | Practice notes | Maintained |
| 49 | Planning Act 2008: an overview An overview of the main changes to the planning system introduced by the Planning Act 2008. The Act received Royal Assent on 26 November 2008 and is coming into force in a piecemeal fashion. | Practice notes | Maintained |
| 50 | Planning Act 2008: Community Infrastructure Levy ... This note looks at the enforcement powers available to collecting authorities in relation to outstanding Community Infrastructure Levy (CIL) debts and breaches of payment. | Practice notes | Maintained |
| 51 | Planning Act 2008: Community Infrastructure Levy: an ... This note provides an overview of the Community Infrastructure Levy (CIL) introduced by the Planning Act 2008 and the CIL Regulations 2010 (SI 2010/948). | Practice notes | Maintained |
| 52 | Planning Act 2008: Community Infrastructure Levy: the ... This note looks at the consultation and examination procedure for the charging schedule that sets out the Community Infrastructure Levy (CIL) rates in a charging authority's area. | Practice notes | Maintained |
| 53 | Planning Act 2008: examination procedures for nationally ... A note on the regime introduced by the Planning Act 2008 for the examination procedures for nationally significant infrastructure projects (NSIPs). | Practice notes | Maintained |
| 54 | Planning Act 2008: Infrastructure Planning Commission A practice note on the Infrastructure Planning Commission (IPC) introduced by the Planning Act 2008. Note: On 1 April 2012, the IPC will be abolished. The relevant Secretary of State will be the decision maker on all nationally significant infrastructure projects (NSIPs). The Planning Inspectorate will take over the functions of the IPC and will be responsible for the examination of NSIP proposals. | Practice notes | 27-Mar-2012 |
| 55 | Planning Act 2008: National Policy Statements A note on National Policy Statements introduced by the Planning Act 2008. | Practice notes | Maintained |
| 56 | Planning Act 2008: planning applications for nationally ... A note on the regime introduced by the Planning Act 2008 for dealing with applications for development consent for nationally significant infrastructure projects (NSIPs). | Practice notes | Maintained |
| 57 | Planning appeals: written representation, hearing or local ... This note looks at the right to appeal under section 78 of the Town and Country Planning Act 1990, the different types of planning appeal, how an individual can appeal and the strict procedural requirements that apply to planning appeals in England. | Practice notes | Maintained |
| 58 | Planning implications of a short term retail letting on empty ... A note explaining the planning implications of a short term retail letting on empty restaurant premises. | Practice notes | Maintained |
| 59 | Planning obligations This note covers the essential characteristics of a planning obligation. A planning obligation may either be contained in an agreement between a local authority and a developer under section 106 of the Town and Country Planning Act 1990 (Section 106 agreement), or may be set out in the form of an undertaking made by the developer alone (unilateral undertaking). | Practice notes | Maintained |
| 60 | Planning permision requirements to keep horses in a field A note on whether planning permission is required to keep horses in a field. | Practice notes | Maintained |
| 61 | Planning policy on renewable energy This note summarises the government's planning policy on renewable energy. It covers the: High-level policy in the National Planning Policy Framework (NPPF). National Policy Statement (NPS) on Renewable Energy Infrastructure. Planning and Energy Act 2008. Merton and Merton-plus rules. | Practice notes | Maintained |
| 62 | Procedure for obtaining a Transport and Works Act 1992 order A Transport and Works Act 1992 order is the usual way of authorising the construction or operation of a guided-transport system in England and Wales. This note outlines the basic procedure for a Transport and Works order application. | Practice notes | Maintained |
| 63 | Proposed high speed rail link between London and the West ... The proposed high speed rail link (HS2) between London and the West Midlands will have major consequences for practitioners, property owners and occupiers. Anyone acting for a potential buyer, tenant or lender in any of the areas that might be affected needs to be aware of the proposals and to check whether or not the property in question may possibly be affected, directly or indirectly. | Practice notes | Maintained |
| 64 | Public path diversion orders A note on public path diversion orders made under section 119 of the Highways Act 1980. | Practice notes | Maintained |
| 65 | Public rights of access under Part I of the Countryside and ... This is a Practice Note on the public rights of access to open countryside, registered common land and other land under Part I of the Countryside and Rights of Way Act 2000. | Practice notes | Maintained |
| 66 | Relying on statements by planning officers A note on the limited circumstances in which a person can rely on a statement made by a planning officer as to whether or not planning permission is needed. | Practice notes | Maintained |
| 67 | Requirements for an uninhabitable building so planning ... A note answering the question of what makes a building uninhabitable so that planning permission is required for demolition. | Practice notes | Maintained |
| 68 | Responses to the Killian Pretty Review: timeline of significant ... This note enables practitioners to track progress made in streamlining the planning system following the Killian Pretty Review. | Practice notes | 09-Feb-2011 |
| 69 | Rights of way improvement plans A note on rights of way improvement plans made under section 60 of the Countryside and Rights of Way Act 2000. | Practice notes | Maintained |
| 70 | Searches: Enquiries of a local authority This practice note explains when enquiries of a local authority should be made, how the enquiries are made and what information the replies may give. | Practice notes | Maintained |
| 71 | Special planning controls: conservation areas A conservation area is an area of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. This note looks at the procedure for designating a conservation area and the consequences of designation, including the need for conservation area consent. | Practice notes | Maintained |
| 72 | Special planning controls: listed buildings The identification and protection of historic buildings is important in maintaining the nation's cultural heritage. This note looks at how a building is listed and the implications of listing. Note: On 25 April 2013, the Enterprise and Regulatory Reform Act 2013 recieved Royal Assent and we will shortly be updating this note. | Practice notes | Maintained |
| 73 | Stopping up and diversion orders under section 116 of the ... A note on the stopping up and diversion of highways under section 116 of the Highways Act 1980. | Practice notes | Maintained |
| 74 | Stopping up and diversion orders under section 257 of the ... A note on the stopping up and diversion of footpaths and bridleways under section 257 of the Town and Country Planning Act 1990. | Practice notes | Maintained |
| 75 | Stopping up orders under section 247 of the Town and ... A note on the stopping up of highways under section 247 of the Town and Country Planning Act 1990. | Practice notes | Maintained |
| 76 | Structures within the curtilage of a listed building This note looks at whether objects and structures within the curtilage of a listed building are subject to the same listed building controls as the principal listed building. | Practice notes | Maintained |
| 77 | Technical Advice Notes (TANs) for Wales A list of the current Technical Advice Notes (TANs) for Wales. | Practice notes | Maintained |
| 78 | Telecommunications and permitted development: the prior ... This note looks at the prior approval procedure that needs to be complied with by an electronic communications code operator in order for certain telecommunications developments to benefit from deemed planning permission under the Town and Country Planning (General Permitted Development) Order 1995 (SI 1995/418). | Practice notes | Maintained |
| 79 | Temporary traffic regulation orders for special events A note on the temporary closure of roads for special events under section 21 of the Town Police Clauses Act 1847 and section 16A of the Road Traffic Regulation Act 1984. | Practice notes | Maintained |
| 80 | The Crichel Down rules This note examines the Crichel Down rules. These are non-statutory rules that regulate the disposal of surplus government land in England (and some in Wales). | Practice notes | Maintained |
| 81 | The London Plan This note provides an overview of the London Plan, which sets out strategic planning guidance for Greater London. It also looks at the Mayor of London's planning powers. | Practice notes | Maintained |
| 82 | Town and country planning: changes of use not requiring ... This note looks at whether planning permission is required for a change of use. It includes a summary of the current use classes. | Practice notes | Maintained |
| 83 | Traffic regulation orders under the Road Traffic Regulation Act ... A note on traffic regulation orders (TROs) under the Road Traffic Regulation Act 1984. | Practice notes | Maintained |
| 84 | Tree preservation orders (TPOs): obtaining consent to carry ... This note looks at the requirements for consent to carry out works to a tree covered by a tree preservation order (TPO) and the penalties for not complying with a TPO. | Practice notes | Maintained |
| 85 | Tree preservation orders (TPOs): procedure for making a TPO This note looks at the procedure for making a tree preservation order (TPO) in England. | Practice notes | Maintained |
| 86 | Tree root damage A practice note on liability for damage caused by tree roots. | Practice notes | Maintained |
| 87 | Trees in conservation areas This note considers the protection given to trees in conservation areas that are not the subject of tree preservation orders (TPOs). | Practice notes | Maintained |
| 88 | Water Framework Directive 2000: implementation in England ... This note provides an overview of the main requirements of the Water Framework Directive (Directive 2000/60/EC establishing a framework for the Community action in the field of water policy) and how it has been implemented in England and Wales. The Water Framework Directive introduced a new approach to water management and is the most substantial piece of EU water legislation to date. | Practice notes | Maintained |