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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

Civil partnerships – heterosexual couples
Tuesday, 10 December 2019
The Civil Partnership (Opposite-sex Couples) Regulations 2019 are in force as of 2 December 2019 and permit heterosexual couples to enter into civil partnerships. Read more...
VAT reverse charge – postponed
Tuesday, 10 December 2019
 A useful article analyses the potential implications of the reverse charge on VAT, which was due to be introduced for specified construction services in October 2019 but which has now been... Read more...
Electronic communications – practitioners beware
Tuesday, 10 December 2019
 A useful article by Hardwicke Chambers reminds practitioners of the risks of a hasty or ill thought out email or social media post. The writer cites a situation where an email from a solicitor to... Read more...
Jurisdictional challenges – the basics
Tuesday, 10 December 2019
An article considers a recent SC case in which litigants have been criticised for the way in which jurisdictional challenges are being conducted. The case concerned a group of some 1,800 Zambian... Read more...
LiPs – tips for dealing
Tuesday, 10 December 2019
Litigants in person (LiPs) are on the increase due in part to legal aid cuts and an increase in the small claims limit. Maintaining the balance of treating LiPs fairly, while also acting in the best... Read more...
‘Elevation’ – front and rear of building
Tuesday, 10 December 2019
 A 99-year lease contained a covenant prohibiting T from making any alterations to the elevation or external decoration of the property. Read more...
L changing locks – an act of surrender?
Tuesday, 10 December 2019
There are various ways in which a leasehold estate in land may come to an end. One of these is surrender by operation of law. Sometimes the surrender of a lease does not take place by deed but is... Read more...
Beneficial ownership – reminder of key points
Tuesday, 10 December 2019
Practitioners who advise co-owners on the acquisition of property will find a recent article reviewing the case law on beneficial ownership very useful. The key points are: Read more...
Sanctions – vexatious litigant
Tuesday, 10 December 2019
In long-running divorce and financial remedy proceedings, R was found to be an ‘exceptionally vexatious litigant’ throughout. Mostyn J made a general civil restraint order and a protection from... Read more...
Disciplinary process – external bodies
Tuesday, 10 December 2019
 A useful article considers two recent cases on the issues that can arise for employers carrying out a disciplinary procedure when an external body becomes involved eg a regulatory body, police, a... Read more...

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