The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Planning and environment

Section 106 – ResPark?

The CA has held that a s106 planning agreement cannot include a provision that the new residences will not be entitled to a residents parking permit. Such ResPark-free agreements have been fairly common in the past. However, the CA’s view is that a s106 agreement must relate to the specific ‘land’ that is the subject matter of the planning permission. Since a ResPark provision relates to the use of the road (not the land) it cannot be included in a s106 agreement.

Subscribers only...
 

Pubs – neighbourhood planning

The role of pubs in the local community is recognised by a change in the planning laws which removes ‘permitted development rights’ for pubs and other Class A4 drinking establishments. Previously, a change of use was possible without planning permission because ‘permitted development’ applied and so there was no need for planning permission. But, such permitted development rights are removed for a change of use to A1 (shops), A2 (financial and professional), and A3 (restaurants and cafes). In addition, the demolition of A4 buildings now requires consent.

Subscribers only...
 

Planning – painting?

A householder in an affluent part of London painted her house with red and white vertical stripes. The council took objection and served a notice under s215 TCPA 1990 (arguing that the condition of the building ‘adversely affected’ the ‘amenity’ of the area).

Subscribers only...
 

Environmental impact – new Regs

New Environmental Impact Assessment Regs came into force on 16 May 2017. These make significant changes to the EIA regime (in particular, screening opinions will become mandatory).

 

Brownfield – permission in principle

’Permission in principle’ is similar to an outline planning permission in that it establishes the principle of development. PiP will apply to land that is allocated for housing-led development in a ‘qualifying document’ (which includes a Brownfield register compiled by an LPA, a development plan, and neighbourhood plan).

Subscribers only...
 

Temporary possession – new Act

The Neighbourhood Planning Act 2017 includes new powers of ‘temporary possession’.

Subscribers only...
 

Planning – reasons

Until 2013 there was a statutory duty to give summary reasons for all planning decisions. However, that requirement was removed for planning approvals in June 2013, and the only current statutory obligation is to give reasons where there is a refusal (although if there is an approval subject to conditions, then reasons must be given explaining why the conditions have been imposed).

Subscribers only...
 

Residential – basements

The government is currently consulting on planning laws as they apply to basement developments. However, it is arguable that government intervention is no longer required.

Subscribers only...
 

Service – ‘relevant place’

A trainee had to deliver a time-critical document to Clyde & Co, who occupy the 10th-13th floors of an office block (and have their reception desk on the 13th floor). The trainee left it with a messenger in the ground floor reception (not Clyde & Co’s reception), who purportedly signed on behalf of Clyde & Co. Needless to say, this was not a valid service.

Subscribers only...
 

Architect’s drawing – IP

A client may acquire a property with an existing planning permission. If that planning permission is granted on condition that the development is carried out in accordance with specific drawings, then there are important copyright issues to be resolved. This is because any development carried out in accordance with the planning permission is likely to infringe the copyright of the architect who prepared those drawings – even if new drawings are created from scratch by a different party. A licence to use the drawings must be obtained from the copyright owner, or a new planning permission must be submitted (using new drawings which are not based on the previous drawings).

Subscribers only...
 


Page 2 of 19

Most-read articles

Court of Protection – trust deputies
Friday, 13 April 2018
How does the CoP approach an application to appoint a trust corporation as a deputy? HHJ Hilder has, in a recent CoP ruling involving 36 applicants and 11 trust corporations, analysed the law on the... Read more...
Professional – update
Friday, 13 April 2018
 A reminder that internal e-mails can result in SRA action; for a case involving sexist, racist and homophobic e-mails sent to a work colleague see [2018] LSG 12 February 2. Read more...
CFA – assignment
Friday, 13 April 2018
The introduction of LASPO in April 2013 caused problems for clients who already had CFAs, but then wanted to move to another firm. Read more...
Agent of change – new builds?
Friday, 13 April 2018
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... Read more...
Withdrawing admissions – increase in value?
Friday, 13 April 2018
Suppose a defendant is faced with a low-value claim and decides to admit liability; later, it turns out that there is a significant increase in the value of the claim. At that stage, can the... Read more...
Service charges – estoppel?
Friday, 13 April 2018
Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice
Friday, 13 April 2018
The RICS has published the proposed changes to its Code of Practice on service charges. The important change is that RICS members must act in accordance with eight core principles; the Code is no... Read more...
Japanese knotweed – nuisance
Friday, 13 April 2018
One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations
Friday, 13 April 2018
 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday
Friday, 13 April 2018
 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...

Resources

IAG International
MSI Global Alliance
In House Lawyer
Join the IBA now!
www.totallylegal.com