The Practical Lawyer

Community Infrastructure Levy will replace the much criticised proposals for Planning Gain Supplement (which, in effect, gave local communities a share in the potential profits from development). No LA has yet introduced CIL, although three are in the late stages of preparation.

What happens if an LA fails to provide reasons for having granted planning permission? The answer is that the officer should take the matter back to the committee at the earliest possible opportunity so that committee members can then decide, in public session with memory still fresh, what its summary reasons were.

The duty on LAs to give reasons for granting planning permission was introduced in 2003. But, there have been conflicting decisions on the amount of detail that must be given in those reasons.

There is no need to obtain planning consent for an advert on a vehicle that is normally used as a moving vehicle, and not used principally for the display of ads. That does not mean, however, that permission never has to be sought for an advert on a vehicle. Circular 03/2007 makes it clear that this exemption 'does not include vehicles used principally for the display of advertisements, eg stationary vehicles or trailers in fields or lay-bys used for advertising purposes'.

Issues are arising over the installation of solar panels on roofs, with many neighbours complaining that they look ugly. What can be done if a house is subject to restrictive covenants, or let on a long lease; can the installation of solar panels be in breach of a covenant not to cause a 'nuisance or annoyance, or cause disturbance'?

Changes to the rules on Energy Performance Certificates will come into force on 6 April.

To what extent can the 'appropriated' land provisions of TCPA 1990 override commons rights (and village green rights) under Commons Act 2006?

A planning permission can be subject to conditions - which means that if the permission is implemented without complying with those conditions, then works will not be valid.

The obligations on a developer in an s106 agreement with the LA will normally become binding on the 'commencement of development' (and this might include a liability to make an initial payment).

A reminder that the normal time limits on enforcement for planning breaches (four years for development or change of use to single dwelling; ten years for all other breaches and changes of use) do not apply to listed buildings.