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Planning and environment

Office – to residential

As had been widely anticipated, the government has announced that a B1(a) to Class C3 (ie offices to dwelling houses) will be permanent from May 2016. This replaces the existing temporary right.

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EPC – non-domestic

The energy performance certificate rules come into force on 1 April 2018. After that date it will not be possible to let non-domestic (or domestic) property if the EPC rating is F or G. The Regs apply from:

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Office – residential conversion

Permitted development rights for office-to-residential conversions were introduced in 2013. In effect, the permitted development rights grant permission for such a conversion without the necessity of applying for planning permission (although there is a prior approval process for other aspects).

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Affordable housing – policy rejected

In November 2014 changes in national planning guidance were introduced to exclude developments of ten units or less from the requirement to provide affordable housing. That guidance has now been overruled by the High Court, which has held that it is inconsistent with the statutory TCPA scheme. The consultation was unlawful and unfair.

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Planning – Wales

The Planning (Wales) Act 2015 is a major step in the creation of a separate and distinct planning system in Wales (featuring a national development framework; the creation of strategic planning areas; making the protection of the Welsh language a material planning issue; new consents for developments of national significance; as well as new planning and village green application procedures). When all of these changes have been introduced, Wales will in effect have its own planning system.

 

Basement – extension?

Do basement extensions need planning permission? The answer is that there are no specific provisions for basement extensions in the Permitted Development Order (which sets out which types of development are, in effect, to be granted planning permission without the need to apply for it). Despite this, most LPAs have treated basement developments as permitted development, without the need to obtain planning permission.

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CLEUD – non-occupancy?

A certificate of lawfulness of existing use or development (CLEUD) is a certificate issued by an LPA certifying that the existing use is lawful for planning purposes. As such, it certifies what the situation was at the date the application was made. 

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Holiday lets – planning permission?

Is planning permission needed to convert a house into holiday lets?

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Solar – commercial rooftops

There is a new ‘permitted development right’ to install, alter or replace solar equipment on the roof of a commercial building (up to 1 megawatt). But, prior approval must be sought from the LA (which can impose conditions relating to design or exterior appearance).

 

Asset of community value – pub

The past few years have seen the closure of many pubs. Existing permitted development rights allow change of use (without a planning application) to A1 (shops), A3 (restaurants and cafes) or A2 (financial and professional services).

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Page 5 of 19

Most-read articles

IHT – personal representatives’ liability
Thursday, 14 June 2018
PRs are personally liable for paying IHT on an estate, even where the beneficiaries undertake to pay it themselves but do not do so, the court has confirmed. Read more...
Courts – reductions
Thursday, 14 June 2018
The government has announced that it will reduce court staffing numbers from 16,500 to 10,000 by 2022. Read more...
Part 36 – strict compliance
Thursday, 14 June 2018
Part 36 is a ‘self-contained procedural code’ (CPR 36.1). Being ‘self-contained’, this means that no other rules can be imported. Read more...
Damages – lost years
Thursday, 14 June 2018
A ‘lost years’ claim is for the loss of earnings in the years when the claimant will be dead (but would have been alive but for the defendant’s actions). Read more...
Assured shortholds – requirements
Thursday, 14 June 2018
A summary of the requirements for new lets of residential properties: Read more...
Rent reviews – which index?
Thursday, 14 June 2018
Rent under a lease may well be indexed – in which case, it is likely to be by reference to the retail price index (RPI). Read more...
Japanese knotweed – the cases
Thursday, 14 June 2018
Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient. Read more...
Financial orders – future earning capacity
Thursday, 14 June 2018
H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled. Read more...
Notice – start date?
Thursday, 14 June 2018
Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date. Read more...
Sentencing – hospital orders; hybrid orders
Thursday, 14 June 2018
In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling. Read more...

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