What does Planning conditions mean? Requirements attached to a grant of planning permission that control how a development is carried out, used and phased, typically to mitigate impacts so the proposal is acceptable in planning terms. The power to impose conditions is statutory across the UK and Ireland, but “planning conditions” is a descriptive term; their lawfulness is governed by policy and case law tests (including that they are necessary, relevant, enforceable, precise and reasonable). Common forms include pre-commencement, pre-occupation and compliance conditions; conditions requiring submission and approval of details (for example, materials, drainage, traffic or environmental management plans); restrictions on hours or use; phasing and...
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Planning permission can be granted subject to conditions, which may include obligations to secure later approval of additional matters. In England, the Planning Practice Guidance (PPG) on the use of conditions stresses that local planning authorities (LPAs) should keep to a minimum conditions that require subsequent approval after full, rather than outline, permission is granted, unless this will clearly support the efficient and effective delivery of development. The PPG indicates that, where justified, LPAs should require the submission and approval of further details only for aspects of the scheme not fully described in the application. See Practice Note: planning conditions—key points for further information on conditions generally.
Even so, it remains common for full permissions to include conditions seeking later approval of details. Developers often view this as advantageous, as it allows certain elements to be resolved once the principle of the development is secured, aiding cash flow and timelines during the application stage. However, developers and LPAs should aim for fewer conditions where the...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...