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...
Read More
General enabling powers for local planning authorities (LPAs) to attach conditions to the grant of planning permission are contained in the provisions of sections 70 and 72 of the Town and Country Planning Act 1990 (TCPA 1990), while express powers to condition are also found in TCPA 1990, ss 73, 73A, 96A and Sch 5 Pt 1. The Secretary of State (SoS) likewise holds powers to impose conditions on appeal in TCPA 1990, ss 77, 79, 177 and Sch 6. Under TCPA 1990, s 70, where an application is lodged with the LPA for planning permission, the LPA may grant planning permission, either outright or subject to such conditions as they consider appropriate, or alternatively refuse planning permission...
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 ]...