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Planning and environment

Waste – L’s liability

Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities.

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Agent of change – new builds?

The ‘agent of change’ principle has been hotly debated in planning circles for some time. Indeed, the concept is likely to feature in the revised National Planning Policy Framework and the draft London Plan (as well as Planning Policy Wales). But, what is the ‘agent of change’ principle?

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Planning – consistency

It is well known that previous planning decisions can be a ‘material consideration’ in deciding subsequent planning applications (‘like cases should be decided in a like manner, so that there is consistency’, North Wiltshire [1993]).

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Planning – permission in principle

Permission in principle (PIP) allows you to obtain permission for the principle of proposed development, so you can then apply for technical details consent at a later stage. The end result is that a PIP, plus a technical details consent, is equivalent to a full planning permission.

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Light industrial – to residential

A new permitted development right allows conversion of light industrial (class B1(c)) to residential (class C3) without planning permission (from 1 October 2017).

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Contaminated land – successor body

The contaminated land regime was introduced as part of EPA 1990. At the time it was very controversial because it imposed liability for clean-up costs on the owner of a site, even if not aware of the pollution that had occurred in the past.

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CIL – self-build exemption

The Community Infrastructure Levy Regs allow an LA to charge a levy on new buildings granted, or deemed to have been granted, planning permission. Payment is triggered by commencement of development, but there is an exemption for self-builders.  

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Permitted development – implied exclusion?

Permitted development rights allow certain categories of ‘development’, that would otherwise require planning permission, to go ahead without such permission. An example of a permitted development was the change in 2013, when it was announced that certain classes of office premises could be converted into residential without the need for planning permission.

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Flood works – Environment Agency

If the Environment Agency wants to carry out flood defence works it can issue a compulsory purchase order; apply to the minister for a compulsory works order; or rely on its general powers to carry out works. 

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Planning – amalgamation

A change of use requires planning permission if it is a ‘material’ change of use. TCPA 1990 specifically states that the conversion of a single unit into several units will be a ‘material’ change of use, but is silent on whether the amalgamation of two or more dwellings into a single dwelling is a ‘material’ change of use.

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Most-read articles

Contract – implied terms
Thursday, 14 March 2019
The SC has confirmed that it will imply a term into a contract to give it business efficacy. Read more...
Confidentiality – existence and content of will
Thursday, 14 March 2019
Each month we consider conduct and practice issues relevant to busy practitioners. This month we will consider the importance of keeping confidentiality in mind when disclosing the existence or... Read more...
Code for Completion by Post – new code
Thursday, 14 March 2019
The Law Society has published the new Code for Completion by Post. It will come into effect on 1 May 2019. CQS-accredited firms must use the Code. Read more...
Proceeds of crime – benefit
Thursday, 14 March 2019
The appellant’s criminal conduct was such that he had obtained the money and therefore benefited from it.  Read more...
Disability payments – no right to dismiss
Thursday, 14 March 2019
There is an implied term in a contract of employment that an employee will not be dismissed for incapacity while on long-term disability benefit. Read more...
Civil partnership – guidance
Thursday, 14 March 2019
How does a civil partnership affect the parties’ rights to different pensions?  Read more...
HMLR – fraud is not ‘mistake’
Thursday, 14 March 2019
A court can order rectification of an HMLR register of title if a mistake has been made.  Read more...
LTA54 – redevelopment must be real intention
Thursday, 14 March 2019
LTA 54 confers security of tenure on business Ts. L and Ts can contract out of the security of tenure provisions by following a prescribed procedure before the business tenancy is entered into.  Read more...
AST – security deposits capped
Thursday, 14 March 2019
From 1 June 2019 security deposits taken on commencement of ASTs will be capped at no more than five weeks’ rent where the annual rent is under £50,000 (and six weeks’ rent where the annual... Read more...
Loss resulting from breach of duty – reaffirmed
Thursday, 14 March 2019
The SC has recently given a judgment on solicitor’s professional negligence. The case involved a retired miner.  Read more...

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