Article contributed by Tom Graham The Law Society's 'Conveyancing Handbook' is, normally, the starting point for any guidance on topics which are of importance to conveyancers; however, there is a startling paucity of information so far as the matter of planning...
Planning
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
Shutting The Door On Working From Home?
Article contributed by Robert Kelly of Stewart Title Whilst many of the most visible consequences of Lockdown are slowly disappearing, the desire for employees to continue to incorporate “Working from Home” in their work patterns continues. A recent report from the...
Stranger than fiction
Article contributed by Tom Graham A short account of a strange case As they say, the fact is often stranger than fiction. This short article stems from a real-life case study in connection with a new build scheme which led to an outcome which was odd in the...
Not in YOUR Backyard! Rights to Light in Neighbour Disputes
One of the most noticeable effects of lockdown has been the increase in homeowners looking to extend their properties, sometimes by adding new buildings in their gardens. Some sources suggest that over 250,000 permissions for home extensions were granted between...
The Community Infrastructure Levy (CIL)
The Community Infrastructure Levy (CIL) was introduced by the Planning Act 2008. The objective behind the CIL was to eliminate the considerable variations in practice up and down the country relating to securing "planning benefits" or "planning gain" by way of...
Planning Authorities and the Avoidance of “Fleeceholding”
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
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?
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...
Green Belt
"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,...
Conditions
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...