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Planning and environment

Waste – L’s liability

Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities.

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Agent of change – new builds?

The ‘agent of change’ principle has been hotly debated in planning circles for some time. Indeed, the concept is likely to feature in the revised National Planning Policy Framework and the draft London Plan (as well as Planning Policy Wales). But, what is the ‘agent of change’ principle?

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Planning – consistency

It is well known that previous planning decisions can be a ‘material consideration’ in deciding subsequent planning applications (‘like cases should be decided in a like manner, so that there is consistency’, North Wiltshire [1993]).

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Planning – permission in principle

Permission in principle (PIP) allows you to obtain permission for the principle of proposed development, so you can then apply for technical details consent at a later stage. The end result is that a PIP, plus a technical details consent, is equivalent to a full planning permission.

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Light industrial – to residential

A new permitted development right allows conversion of light industrial (class B1(c)) to residential (class C3) without planning permission (from 1 October 2017).

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Contaminated land – successor body

The contaminated land regime was introduced as part of EPA 1990. At the time it was very controversial because it imposed liability for clean-up costs on the owner of a site, even if not aware of the pollution that had occurred in the past.

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CIL – self-build exemption

The Community Infrastructure Levy Regs allow an LA to charge a levy on new buildings granted, or deemed to have been granted, planning permission. Payment is triggered by commencement of development, but there is an exemption for self-builders.  

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Permitted development – implied exclusion?

Permitted development rights allow certain categories of ‘development’, that would otherwise require planning permission, to go ahead without such permission. An example of a permitted development was the change in 2013, when it was announced that certain classes of office premises could be converted into residential without the need for planning permission.

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Flood works – Environment Agency

If the Environment Agency wants to carry out flood defence works it can issue a compulsory purchase order; apply to the minister for a compulsory works order; or rely on its general powers to carry out works. 

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Planning – amalgamation

A change of use requires planning permission if it is a ‘material’ change of use. TCPA 1990 specifically states that the conversion of a single unit into several units will be a ‘material’ change of use, but is silent on whether the amalgamation of two or more dwellings into a single dwelling is a ‘material’ change of use.

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Most-read articles

Power of attorney – validity
Wednesday, 12 June 2019
The powers of attorney in a recent case were granted in the context of a share sale, but private client practitioners will benefit from the clarity given by the court on the validity and execution of... Read more...
LeO – VAT and costs information
Wednesday, 12 June 2019
We have reported above that LeO has issued updated costs guidance. Costs complaints often involve disputes above whether VAT was included in the price. The updated guidance states that VAT is often... Read more...
Firm reprimanded – poor language
Wednesday, 12 June 2019
Solicitors are reminded that they are officers of the court at all times and are expected to maintain an appropriate level of courtesy throughout their professional dealings. Read more...
Group action – stays in Liverpool
Wednesday, 12 June 2019
It is interesting to note that the High Court has refused to transfer a multibillion-pound class action from Liverpool to London. The action involves some 200,000 claimants who are suing a mining... Read more...
Fixed recoverable costs – payable if £25k limit exceeded
Wednesday, 12 June 2019
Fixed recoverable costs (FRC) prescribe the amount of damages that can be claimed back from a losing party in civil litigation; they are a way of controlling the legal costs by giving certainty in... Read more...
Section 21 notice – amended form introduced
Wednesday, 12 June 2019
Under Housing Act 1988 an s21 notice gives L an automatic right of possession without having to give any grounds once the fixed term has expired. The notice cannot be used to gain possession during... Read more...
RV – can demand be assumed?
Wednesday, 12 June 2019
To calculate the rateable value (RV) of a property, a valuation officer (VO) must work out what the open market rent would be for the property by applying the rating hypothesis. The purpose is to... Read more...
Proprietary estoppel – successful claim
Wednesday, 12 June 2019
Proprietary estoppel is a remedy which prevents the legal owner of a property from asserting their strict legal right in relation to that property when it would be unconscionable to allow him to do... Read more...
Children – care plans
Wednesday, 12 June 2019
What is the court’s approach where there is an impasse with the LA regarding an important element in a care plan? In this case, the CA found that the trial judge’s invitation to the LA to... Read more...
ET fees – £16m still owing
Wednesday, 12 June 2019
In 2017 the SC ruled that ET fees, introduced by the government in 2013, were unlawful. This was on the basis that they were a barrier to access to the ET, particularly for employees on low incomes. Read more...

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