The Practical Lawyer

Planning and environment

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.

Subscribers only...

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).

Subscribers only...

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?

Subscribers only...

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. 

Subscribers only...

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.

Subscribers only...

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. 

Subscribers only...

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). 

Subscribers only...

Section 106 agreement – LA as landowner

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

Subscribers only...

Agricultural occupancy – s84 LPA 1925

An agricultural occupancy restriction can obviously have a marked effect on the open market value of a property. However, such conditions are notoriously difficult to lift.

Subscribers only...

Page 9 of 19

Most-read articles


IAG International
MSI Global Alliance
In House Lawyer
Join the IBA now!