Planning conditions meaning

Section 57 of the Town and Country Planning Act 1990 (TCPA 1990) requires planning consent for any material change in the use of buildings or land. Any limitations or conditions attached to a permission must likewise be adhered to. Liability for any existing breach will transfer to the purchaser. It is therefore essential to verify that the current use of the entire property is properly authorised and that all related conditions are being complied with, or to establish whether any unauthorised use or breach has become immune from enforcement. For further information, see Practice Note: Material change of use. Is the use authorised? Confirm the permitted use of the property, or, where relevant, each planning unit, and determine whether that use is authorised by: an explicit planning permission a certificate of lawful use, or permitted development rights If the permitted use does not mirror an express planning permission, do not assume it is unlawful; it may still be authorised by...

Use this checklist when representing the seller in the disposal of a registered freehold residential property, whether offered with vacant possession or burdened by a lease or multiple leases. It is not comprehensive and will not address every eventuality in every transaction. You should always consider if there are additional matters that require attention. It does not purport to be a complete guide for every case. Preliminary matters Have you taken instructions from the client? Robust due diligence and effective transaction management depend on a clear grasp of the seller’s objectives and the proposed sale terms. Obtain full instructions, and clarify any elements of your brief that are unclear or out of the ordinary. Consider whether further specialist input is required; for example, planning advice where completion is conditional upon planning permission being secured. The table below sets out some of the principal points on which instructions should be obtained at the outset. This list is not comprehensive, and you may need to request information about additional...

This Checklist sets out core topics for firms entering consumer credit, addressing essential management and compliance matters within the Financial Conduct Authority (FCA) framework. It organises themes such as authorisation, threshold conditions, the Senior Managers and Certification Regime (SM&CR), systems and controls, business planning, FCA Principles, the Consumer Duty and continuing regulatory duties, including adherence to the Consumer Credit sourcebook (CONC) and the Consumer Credit Act 1974 (CCA 1974). For fuller guidance, including how the application process works, see Practice Note: FCA authorisation of consumer credit firms. Scope and regulatory status Do the firm’s activities amount to regulated consumer credit activities under section 19 of the Financial Services and Markets Act 2000 (FSMA 2000), and the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO)? See Practice Notes: The general prohibition and implications of its breach and Regulated activities relating to consumer credit Does the firm offer (or plan to offer) buy now pay later (BNPL)/deferred payment credit (DPC) style products?...

Checklist Many family-run enterprises often begin with a largely informal governance arrangement; relatives share a tacit grasp of duties and relationships, and decisions are taken swiftly at the kitchen table. By their nature these businesses are flexible and informal, with priorities typically guided by doing what is best for the family in line with the family’s values, rather than being driven solely by owners’ profit. However, as the business develops and more family members and other employees come on board, managing operations in this ad hoc way becomes progressively harder, as what was once straightforward to coordinate across a small group becomes complex to control as headcount and responsibilities increase. The pros and cons of formalising the family business are addressed in Practice Note: Family businesses. This checklist sets out questions an adviser can put to the family (or that the family can consider themselves) to help design an effective structure for the family business. The same questions will also help identify the matters to be covered in any...

This Flowchart This Flowchart explains the route by which appropriate consent under the Proceeds of Crime Act 2002, s 335 is approved or refused, and clearly sets out precisely what you must do—or avoid doing—at each point in the procedure...

In this issue: Key developments and materials Electricity and gas market regulation, licensing and taxation Renewable energy Capacity Market, balancing services and energy system flexibility Hydrogen, CCUS and emerging technologies Nuclear energy Planning issues in energy projects Air emissions, efficiency, and climate change New and updated content Dates for your diary Trackers Energy resources on Lexis+® Daily and weekly news alerts Key developments and materials DESNZ announces accelerated measures to boost UK energy security DESNZ has unveiled a suite of actions to reinforce and speed up the UK’s energy security in light of events in the Middle East. For the first time, ‘plug-in solar’ will be permitted in the UK. The department plans to advance the next annual renewables auction to July 2026 and has confirmed that the government will adopt the Fingleton Review’s recommendations to hasten delivery of nuclear power stations. It has also moved to safeguard consumers, working...

In this issue Equality and human rights Judicial review Information law International law Other public law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Equality and human rights Supreme Court rules on first Russia sanctions challenge (Shvidler v Foreign Secretary) The Supreme Court concluded, by a 4–1 majority, that the sanctions applied by the Secretary of State for Foreign, Commonwealth and Development Affairs to Mr Shvidler, and, unanimously, that the actions taken by the Secretary of State for Transport against the yacht M/Y Phi owned by Dalston Projects, introduced immediately after Russia’s invasion of Ukraine, were proportionate and lawful notwithstanding the recognised impact on the appellants’ rights under the European Convention on Human Rights. In a robust dissent, Lord Leggatt criticised the majority’s stance in Mr Shvidler’s appeal, holding that the measures against him, as a UK national, were disproportionate and thus unlawful. With...

In this issue: Autumn Budget 2024 Social care Social housing Education Governance Children’s social care Healthcare Pensions Planning LexTalk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Latest Q&A Autumn Budget 2024 Welsh Government responds to Autumn Budget 2024 The Welsh Government has issued a written statement from the Cabinet Secretary for Finance and the Welsh Language, Mark Drakeford, addressing the Autumn Budget 2024. Wales will receive an extra £774m. Drakeford characterises the Budget as a positive boost for Wales, supporting citizens, communities, local enterprises and public services across the country nationwide. See: LNB News 31/10/2024 33. Social care When is a private care provider exercising a public function for the purposes of section 6 Human Rights Act 1998? (Sammut v Next Steps Mental Healthcare Ltd) Because the provider did not validly obtain authorisation for depriving a patient of liberty in its...

National policy 25-Year Environment Plan —the 25-Year Environment Plan outlines the government’s commitments to enhance the environment within a generation. The Environmental Improvement Plan 2023 (EIP 2023) for England was the first statutory update to the 25-Year Environment Plan under the Environment Act 2021 (EA 2021). On 1 December 2025, it was replaced by the Environmental Improvement Plan 2025 (EIP 2025), now the current environmental improvement plan for EA 2021 purposes. EIP 2025 renews the long-term framework for achieving environmental outcomes, revises the interim targets in EIP 2023 and adds two new interim targets. EIP 2025 is pertinent to waste planning as part of the broader policy to improve resource efficiency and drive the move to a more circular economy, complementing the Resources and Waste Strategy and the Waste Management Plan for England (see below). Resources and Waste Strategy The Resources and Waste Strategy sets out how the government intends to conserve material resources by cutting waste, promoting resource efficiency and moving towards a circular economy in...

What is the Pensions Advice Allowance? Following consultation in 2016/17, the government brought in, from 6 April 2017, the Pensions Advice Allowance. It enables eligible pension scheme members to withdraw a fixed sum from their pension pot tax-free to cover holistic retirement advice. At the member’s instruction, the scheme may therefore reduce the value of the member’s pot by the advice fee and pay the funds straight to the member’s adviser. This measure stemmed from the Financial Advice Market Review, which highlighted an advice gap affecting people who require retirement planning support but cannot meet the cost from net-of-tax income or savings. It is available in addition to other existing advice allowances and payment routes for advice. These include adviser charging, which does not permit pension monies to be used to fund holistic retirement advice. For further details, see Other types of pensions advice measures below. The government’s aim is to help those preparing for retirement to use the Pensions Advice Allowance to fund holistic...

What is a hackathon? A hackathon is usually a 12–48-hour sprint where multidisciplinary teams—coders, developers, strategists, data scientists, subject-matter specialists and innovators—work intensively to tackle a defined problem in a short window. The aim is to generate fresh concepts, tools or platforms, often ending with a functional prototype or a concept pitch. They trace their lineage to tech culture: the first officially recognised hackathon took place in 1999 in Calgary, though collaborative meet-ups go back to the 1970s with groups such as the Homebrew Computer Group, where the first Apple computer was unveiled. Today, hackathons cut across many sectors and goals, and are not exclusively technology-focused. The author once ran an inspiring game jam—a game development focussed hackathon—designed to speed up cancer cures by turning cancer data analysis into gameplay, delivering scientifically robust outputs thanks to watertight algorithms. Whatever the topic, the core principles and structure are largely consistent. In law, they are increasingly used to drive innovation, widen access to justice, and connect with legal...

This Agreement is entered into on [ insert date ] of [ insert month ] [ insert year ] by and between: [ insert name ], of [ insert address ] (' Council '); [ insert name ], of [ insert address ] (' County Council '); [ insert name ], a company duly incorporated and registered in [ insert details ] under number [ insert details ], whose registered office is at [ insert address ] (' Developer '); [ Additional parties as necessary eg owner, landlord, mortgagee, option holder etc. ] (' [ insert additional parties as necessary eg owner, landlord, mortgagee, option holder etc ] '). Recitals The Council is the local planning authority for the purposes of section 106 of the 1990 Act for the area within which the Land is situated and is the body by whom the obligations contained in this Deed are enforceable. The County Council is the local highway...

This Deed comprising a unilateral undertaking is hereby executed on [ insert day ] of [ insert month ] by: Parties [ insert name of developer ] of [ insert address ] (the Developer); and [ insert name of any additional parties as necessary eg owner, landlord, mortgagee, option holder etc ] of [ insert address of relevant party ] (the Owner/Landlord/Mortgagee etc) TO THE [ insert name ] COUNCIL of [ insert address of Council ] (the Council). BACKGROUND (A) The Council acts as the local planning authority for the purposes of s 106 of the 1990 Act for the area within which the Land lies. (B) [ Set out ownership particulars for the Land ]. (C) The Developer has lodged the Application with the Council and the Council has decided it will issue the Permission, conditional upon this Undertaking being completed. [ The Secretary of State has called in the Application for [ his/her...

Date [ date ] Parties [ name of Landlord ], [ of OR incorporated in England and Wales (company registration number [ number ]) ], whose registered office is at [ address ] [ together with an address for service in England and Wales at [ address ] ] (the Landlord); [ name of Tenant ], [ of OR incorporated in England and Wales (company registration number [ number ]) ], with its registered office at [ address ] [ and an address for service in England and Wales at [ address ] ] (the Tenant); [ [ name of Guarantor ], [ of OR incorporated in England and Wales (company registration number [ number ]) ], having its registered office at [ address ] [ and an address for service in England and Wales at [ address ] ] (the Guarantor) ]...

Section 106 agreements (section 106 of the Town and Country Planning Act 1990 (TCPA 1990)) These provisions enable any person with an interest in land to, ‘by agreement or otherwise’, enter into obligations under TCPA 1990, s 106(1)(a) to (d), which may: limit or control the development or use of the land require that specified operations or works are carried out stipulate that the land is used in a particular way require payment of a sum or sums to the authority As s 106 allows obligations to be given ‘by agreement or otherwise’, they may equally be created by a unilateral undertaking, rather than solely through an agreement. This note considers both mechanisms and their effect in practice. For either an agreement or a unilateral undertaking to bind all interests in the land, everyone holding an interest must be joined as a party to the agreement, or must join in the unilateral undertaking, as appropriate. In either event, the local...

State Aid: The Basics Guide The Department for Business, Innovation & Skills’ July 2015 guide, State Aid: The Basics Guide, explains that state aid arises wherever public resources are used to give organisations an edge over others, potentially distorting competition and harming consumers and businesses across the EU. The concept is deliberately wide, as an “advantage” can be delivered in many ways, for example: grants loans tax breaks the use or sale of a state asset free of charge or for less than market value Public authorities, including local authorities in England and Wales, are accountable for ensuring their policies and projects comply with these requirements. During the implementation period following Brexit, state aid rules continue to apply in the UK. The annex to the Department for Education’s November 2019 publication, Securing Developer Contributions for Education, notes that unlawful state aid can occur in relation to developer contributions towards education...

LPA’s obligations when imposing financial contributions Developers are frequently obliged to make monetary payments to the local planning authority (LPA) to fund defined projects, helping to offset the harmful effects of a scheme and thereby enable the grant of planning permission. This Q&A addresses circumstances where the section 106 agreement contains no specific express clawback mechanism. When a planning obligation (a section 106 obligation) is proposed to secure a financial contribution at the determination stage of a planning application, that contribution must satisfy the stringent legal tests in regulation 122 of the Community Infrastructure Levy Regulations 2010, SI 2010/948 (SI 2010/948, reg 122) (as amended). Only by meeting those tests can any such payment lawfully and ultimately underpin the grant of planning permission...