The Practical Lawyer

Planning and environment

Asset of community value – time lines


Source: Dentons.


Planning – appeals

Planning appeals are dealt with under s288 TCPA 1990. Appeals against enforcement notices are dealt with under s289. 

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Costs budgets – CPR changes

Important changes to the costs budgeting rules have been introduced for cases commenced on or after 22 April 2014:

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Change of use – permitted development

The big permitted development change in 2013 was the new rule making it possible to convert offices to residential use without having to apply for planning permission. Now, in 2014, we have similar permitted development rights allowing the conversion of shops (A1 and A2) to residential (C3), and also agricultural buildings to residential (C3).

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ACV – ‘material consideration’?

To what extent are the Assets of Community Value Regs 2012 relevant to planning decisions?

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Planning Court – fast-tracking

The Planning Court is a new specialist list within the QBD. Its jurisdiction covers planning permissions, wayleaves, highways, compulsory purchases, village greens, environmental legislation and planning policy issues.

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Change of use – office to residential

Last year, the government made it possible to convert offices to residential use without having to apply for planning permission. Only a few LAs successfully applied for exemption from these provisions.

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Meetings – non-planning councillors

Do local councillors who are not members of the LPA’s planning committee have the right to attend those planning committee meetings and address the committee? The answer, according to the High Court, is that they can, provided the LPA has not enacted rules to the contrary.

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Change of use – what ‘planning unit’?

If a change of use takes place then the landowner may regularise the position by applying for a certificate of lawful existing use (CLUED). This can be done once ten years have passed from the unauthorised change of use (unless it was a change of use to a single dwelling house, in which case a four-year period applies).

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Lawful use – CLEUD

CLEUD is the abbreviation for a certificate of lawfulness of existing use or development. Typically, a certificate will be issued when an applicant successfully shows that a new use has been going on for a period of ten years or more.

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