Planning appeal meaning

When starting a charitable public appeal, there is scant, if any, certainty that it will be successful. Accordingly, it is sensible to outline the key matters to be handled at the outset. This checklist aids the practitioner in explaining clearly those potential issues, or it can be passed to the promoters of the appeal to help keep these points front of mind...

Planning conditions and planning obligations often limit both what development may take place and the way it is carried out on the land or buildings to which they apply. See Practice Notes: Planning conditions—key points and Planning obligations—key points. Planning obligations Agreements made under section 106 of the Town and Country Planning Act 1990 (commonly called section 106 agreements, or planning obligations) control the use of land and bind successors in title. They are recorded as local land charges. The agreement should specify the land it binds by reference to an attached plan, which will usually mirror the planning application site boundary for the related development. A section 106 agreement is typically concluded before the decision notice granting planning permission is issued. How are planning obligations revealed? Review the outcome of the local land charges search (LLC1). Planning obligations are registrable as local land charges. From 12 April 2015, HM Land Registry has responsibility for the local land charges register. Transitional provisions permit HM Land Registry...

The requirement for planning use swaps can emerge when a planning proposal would diminish residential floor space and the local planning authority (LPA) insists that a linked application is lodged to secure a proportionate re-provision of residential space in a different location. This is ordinarily pursued to ensure an equivalent level of residential provision is secured elsewhere through a connected scheme. Frequently, two distinct developers are engaged in a use swap. One applicant seeks consent for works or a change of use that results in the loss of dwellings (Developer A), whilst another brings forward a connected application to deliver residential accommodation in another part of the area (Developer B). A planning use swap agreement records the basis on which the swap proceeds. For further details, see Practice Note: Planning use swaps. Does the planning use swap agreement include the relevant parties? As an agreement under section 106 of the Town and Country Planning Act 1990 (section 106 agreement) is commonly needed before the LPA will...

Thomas v Cheltenham Borough Council [2025] EWCA Civ 259 What are the practical implications of this case? This judgment will interest practitioners dealing with prior approval applications for electronic communication developments, and, more generally, those pursuing public law challenges about material considerations and appeals against High Court decisions. It reviews the Supreme Court's guidance in Friends of the Earth v Secretary of State for Transport [2021] UKSC 52 on three types of information that can amount to a material consideration. These include: information that legislation or policy, either expressly or by necessary implication, obliges the decision-maker to take into account or to ignore; and information that the decision-maker is entitled to consider where, in their own judgement and discretion, they regard it as appropriate. The judgment underlines that, within this third class, a decision-maker may choose not to refer to something others might regard as pertinent; yet, unless it was so plainly relevant that no rational decision-maker could have left it out of account, the omission to have regard...

In this issue Construction industry news Fire safety Standard form construction contracts Planning for construction lawyers Daily and weekly news alerts New and updated content New Q&As Construction industry news In this article, we reflect on the principal shifts in construction law that surfaced during the closing months of 2024, and consider what might unfold in 2025. See News Analysis: Construction law—key developments in 2024, and what to expect in 2025. Fire safety The MHCLG has issued revised editions of Approved Document B (fire safety) for both volume 1 (dwellings) and volume 2 (buildings other than dwellings). These updates consolidate the 2019 editions together with the 2020 and 2022 amendments, and also include upcoming changes planned for 2025, 2026 and 2029...

In this issue: Brexit highlights Post-Brexit transition guidance Constitutional and administrative law Judicial review Equality and human rights Subsidy control and State aid Public procurement Management and strategic planning Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q&As Useful information Brexit highlights The UK Parliament has confirmed the European Scrutiny Committee has been wound up, following the House of Commons’ decision on 30 July 2024 not to re-establish it. See: LNB News 01/08/2024 97. The House of Lords European Affairs Committee has released correspondence spanning 7 November 2023 to 30 May 2024, covering scrutiny of EU papers, primary legislation (including the Illegal Migration Bill) and broader issues such as public procurement and the impacts of the UK’s EU withdrawal. See: LNB News 01/08/2024 99. Post-Brexit transition guidance Weekly roundup of HMRC import, export and...

Practice Note: Planning—enforcement When it appears to a local planning authority (LPA) that planning control has been breached, it may, at its discretion, take enforcement action under Part VII of the Town and Country Planning Act 1990 (TCPA 1990). For these purposes, section 171A of the TCPA 1990 defines a breach of planning control as: undertaking development without the necessary planning permission, or not complying with any condition or limitation attached to a planning permission This Practice Note explains in detail how a breach of planning control is established, when development acquires immunity from enforcement, and the factors an LPA should weigh when deciding whether to proceed with formal measures. Its focus is on the range of steps available to an LPA in response to a breach of planning control. The Practice Note does not address enforcement concerning listed buildings. For that, see Practice Note: Listed buildings enforcement and criminal liability regime in England. For context on its relevance to conservation...

Scope of this Practice Note This Practice Note sets out the main types of radioactive waste and examines disposal against the EU-defined waste hierarchy. It places contemporary management of radioactive waste within the historical development of the nuclear industry from a planning standpoint. Principal policy documents are reviewed to chart the evolution of government thinking over time. Geological disposal of Higher Activity Waste (HAW) under the Planning Act 2008 (PA 2008) is compared with alternative disposal routes under the Town and Country Planning Act 1990 (TCPA 1990) and the Planning (Wales) Act 2015. Consultation duties, application processes and required consents are identified for both regimes. Notable planning appeals and judicial review cases are highlighted before looking at international approaches to radioactive waste. What is radioactive waste? In the UK, radioactive waste arises—and will arise—from past, current and future programmes for electricity generation from nuclear fission, the reprocessing of nuclear fuel, the development of nuclear weapons, the nuclear submarine fleet and wastes from radioactive materials used for civil...

Permitted development rights Section 57(1) of the Town and Country Planning Act 1990 (TCPA 1990) makes clear that planning permission is needed for any development of land. Under TCPA 1990, s 55, ‘development’ comprises: operations affecting land (see Practice Note: Operational development), and changes of use of land (see Practice Note: Material change of use) TCPA 1990, s 58(1)(a) provides that planning permission can be conferred by a ‘development order’. The Town and Country Planning (General Permitted Development) (England) Order, SI 2015/596 (in England) (the English GPDO) and the Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 (in Wales) (the Welsh GPDO) are such development orders (together, ‘the GPDO’). The GPDO establishes permitted development rights (PD rights), amounting to a national grant of planning permission given by that development order, allowing specified operational development and defined changes of use to proceed without submitting a planning application to the local planning authority (LPA). See Practice Notes: Permitted development in...

Date [ date ] Parties [ name of (first) Owner ] [ and [ name of second Owner ] ] [ [ both ] of OR incorporated in England and Wales (company registration number [ number ]) having its registered office at ] [ address ] ( [ together ] Owner ) [ name of Promoter ] [ of OR incorporated in England and Wales (company registration number [ number ]) having its registered office at ] [ address ] ( Promoter ) 1 Definitions In this Agreement, the following expressions shall have these meanings: [ Adverse Rights • any easement, covenant, right or other interest in or over the Property, the release, discharge or alteration of which is reasonably required in order to: (a) achieve the Objective; or (b) facilitate the Development; ] [ Adverse Rights Agreement • any instrument giving legal effect to the release, discharge or alteration of an Adverse Right; ] ...