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Planning and environment

Judicial review – six-week period

The government sees JR applications as a ‘cheap delaying tactic’ in planning appeals.

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Breaches – concealed

Localism Act 2011 introduced provisions on concealed planning breaches. This was largely as a result of highly publicised cases (eg the house built behind a shield of straw bales). As a result, s124 allows LAs to apply to be able to take planning enforcement action outside the normal four- and ten-year time limits if there has been a planning breach as a result of ‘concealment’. An application must be made within six months of the date of knowledge of evidence of the apparent breach.

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CON 29R – search fees

LAs can only charge disbursements when providing environmental information for CON 29R personal searches (ie they cannot charge for staff time involved).

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Listed building – permitted development

Hands up if you think that, in England, the enlargement, improvement or other alteration of a dwelling house which would consist of or include the erection of a building within the curtilage of a listed building is not permitted development?

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Planning obligation – ResPark?

A planning obligation is a binding agreement entered into by the LA and the landowner. It is binding on the landowner and also the successors in title. It can result from either a bilateral agreement between the LA and the landowner, or alternatively by a unilateral undertaking made by the landowner. 

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Planning – outline permission

The amount of detail required for an outline planning permission was reduced in January 2013.

The idea behind outline planning permissions is that they enable developers of larger sites to obtain planning permission for the principles of development, leaving the design of details to a later stage.

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Section 106 agreement – five-year rule

Traditionally, a planning agreement (under s106) has to have been in place for five years before it is possible to apply to change it (with a right of appeal to the secretary of state). Now, however, from 28 March 2013, it will be possible to apply in respect of any s106 agreement entered into before 6 March 2010 (even though such an agreement may be less than three years old). For obligations entered into after 6 April 2010, a five-year period still applies.

 

Offices – residential use

Permitted development allows a change of use from one category of use to another, without the need to apply for planning permission. Importantly, a change of use from offices to residential will now become permitted development for a three-year period. 

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Change of use – holiday let

Planning permission is needed for any ‘development’, and this will include ‘the making of any material change in the use of any buildings or other land’ (s55(1) TCPA 1990). 

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Section 106 agreement – LA as landowner

How do you deal with s106 obligations if the local planning authority is the landowner?

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Page 9 of 19

Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

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