Please see the section contents on the left to find the topic that is of interest to you.
A very useful website dealing with planning is the Planning Portal, which is the “UK Government’s Online planning and building regulations resource for England and Wales.”
For a helpful website dealing with planning and enforcement appeals procedure go to The Planning Inspectorate site.
In relation to Permitted Development the principal Order is the The Town and Country Planning (General Permitted Development) Order 1995, which is amended from time to time. Details of amendments can be found on the Planning Portal, which is the “UK Government’s Online planning and building regulations resource for England and Wales.” However, it is necessary to be careful as it is not always fully up to date.
A number of local planning authorities also have useful summaries of the current position in relation to permitted development. For example, see the site of Basingstoke and Deane Borough Council
The Government has published the NPPF1 and it takes effect for all development management decisions from 12 December 20242, whereas for the purposes of plan-making this version of the Framework will generally take effect from 12 March 20253. In this article Tom...
Many planning agreements under Section 106 of the Town and Country Planning Act 1990 rely on private management companies to provide and maintain common infrastructure in development schemes, but this approach is not without its own problems It is sometimes proposed...
Statutory Declarations and Certificates of Lawfulness. Contributed by Tom Graham, Barrister and senior trainer, IQ Legal Training Tom Graham shares his best practice advice for document preparation. Planning practitioners often need to seek certificates of lawfulness...
THE ENVIRONMENT ACT 2021 – WHY BOTHER NOW? CONTRIBUTED by Tom Graham, Barrister and senior trainer, IQ Legal Training The Environment Act 2021 brings new challenges for property development professionals. Tom Graham talks us through it. The Environment Act The Act was...
"Openness" Visual concept? R (on the application of Samuel Smith Old Brewery (Tadcaster)) v North Yorkshire County Council [2020] UKSC 3 Summary "Openness" of the Green Belt is not an essentially visual concept. Facts The appellant, the local planning authority,...
Interpretation Plans to be determined objectively Tesco Stores Limited v Dundee City Council [2012] UKSC 13 Summary The meaning to be given to the key wording in a development is not a matter that can be left to the judgment of the planning authority. Nor is the...
Intensification of use Breaches of planning control Hertfordshire County Council v Secretary of State for Communities and Local Government [2012] EWCA 1473 Summary Intensification of use is capable of constituting a material change of use. However, that was not the...
This page contains two cases, one on the grant of planning permission and the other on enforcement, which demonstrate that the interests of children must be given "primary consideration" when making decisions. Planning permission Article 8 and the best interests of...
Interpretation No "ejusdem generis" rule R. (on the application of XPL Ltd) v Harlow Council [2016] EWCA Civ 378 Summary The Court of Appeal held that there had been a breach of planning conditions and that the statutory presumption -ejusdem generis- did not apply to...
This page has case reports dealing with Environmental impact assessments: The test for whether or not a proposed development required an Environmental Impact Assessment was considered. EIA: The correct approach to take to screening opinions when a proposed development...
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