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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

LPAs – gifts by attorneys
Wednesday, 13 November 2019
Giving attorneys the power under an LPA to make gifts to others and themselves can invalidate it, the Office of the Public Guardian (OPG) has ruled in a test case. The law limits the power of... Read more...
VAT and disbursements – Law Society guidance
Wednesday, 13 November 2019
The Law Society has issued a detailed new practice note ‘VAT Treatment of Disbursements and Expenses’ (8 October 2019) following two recent cases in which the concept of disbursements has been... Read more...
Socialising with colleagues – a thing of the past?
Wednesday, 13 November 2019
 It is not the role of The Practical Lawyer to judge. But firms would be well advised to re-visit their attitude to lawyers socialising with each other following a recent high-profile case of the... Read more...
Trial bundles – careful preparation required
Wednesday, 13 November 2019
Rather like buses, one waits for judicial comment on court documents and trial bundles, and then two come along at once. An article discusses a recent case in which the court was unimpressed with the... Read more...
Infant approval hearing – top tips
Wednesday, 13 November 2019
An interesting article provides some practical advice on achieving the court’s approval in infant approval hearings. This is a mechanism by which the court considers and, hopefully, approves the... Read more...
Tenant Fees Act 2019 – fully into force
Wednesday, 13 November 2019
We have reported in our March 2019 (p27) and May 2019 (p28) editions on the introduction of the Tenant Fees Act which came into force for new tenancies and licences to occupy on 1 June 2019. The Act... Read more...
CVA – use to reduce rent
Wednesday, 13 November 2019
 If a limited company is insolvent, it can use a CVA to pay creditors over a fixed period. If creditors agree, the limited company can continue trading. The CVA has been used by companies in the... Read more...
Rectification of title – what is ‘exceptional’?
Wednesday, 13 November 2019
The HC has considered whether or not to correct a mistake on a registered title. Under Sch 4 LRA 2002 the court can order rectification but no order may be made without the proprietor’s consent in... Read more...
Paternity – best interests
Wednesday, 13 November 2019
What’s the court’s approach to paternity cases when the issue arises years after the child’s birth, and in circumstances where both child and F always believed F was the biological father, but... Read more...
Religious beliefs – not always protected
Tuesday, 12 November 2019
The ET has heard an interesting case relating to a person’s religious beliefs. The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society. It replaced... Read more...

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