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...
Click the down arrow on the below tab to show all available Property Law Library topics
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
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,...
Permission
This page has cases dealing with: Modification or revocation - financial implications - Supreme Court Outline permission - "hybrid" applications "Detailed planning permission" Approval of reserved matters - new application? Multiple permissions Some of these cases...
Policy
Supply of housing NPPF para 49 - meaning of "relevant policies for the supply of housing" Suffolk Coastal DC v Hopkins Homes [2016] EWCA Civ 168 Summary After many conflicting High Court judgments on the issue, the Court of Appeal ruled on the correct meaning of...
Compensation
Refusal of planning permission - compensation Purchase notices Herefordshire Council v White [2007] EWCA Civ 1204 Introduction Section 137(2) of the Town and Country Planning Act 1990 provides that, where an application for planning permission to develop land has been...
Compulsory purchase
Assessment of compensation Effect of planning permission Transport For London (London Underground Ltd) V Spirerose Ltd (In Administration) [2009] UKHL 44 Summary This House of Lords judgment overturned both the Lands Tribunal and Court of Appeal judgments on how...