The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Planning and environment

Tree preservation – seeds and saplings

A Tree Preservation Order covers ‘trees’, but does that include seeds, seedlings and saplings? 

Subscribers only...
 

Office – to residential

As had been widely anticipated, the government has announced that a B1(a) to Class C3 (ie offices to dwelling houses) will be permanent from May 2016. This replaces the existing temporary right.

Subscribers only...
 

EPC – non-domestic

The energy performance certificate rules come into force on 1 April 2018. After that date it will not be possible to let non-domestic (or domestic) property if the EPC rating is F or G. The Regs apply from:

Subscribers only...
 

Office – residential conversion

Permitted development rights for office-to-residential conversions were introduced in 2013. In effect, the permitted development rights grant permission for such a conversion without the necessity of applying for planning permission (although there is a prior approval process for other aspects).

Subscribers only...
 

Affordable housing – policy rejected

In November 2014 changes in national planning guidance were introduced to exclude developments of ten units or less from the requirement to provide affordable housing. That guidance has now been overruled by the High Court, which has held that it is inconsistent with the statutory TCPA scheme. The consultation was unlawful and unfair.

Subscribers only...
 

Planning – Wales

The Planning (Wales) Act 2015 is a major step in the creation of a separate and distinct planning system in Wales (featuring a national development framework; the creation of strategic planning areas; making the protection of the Welsh language a material planning issue; new consents for developments of national significance; as well as new planning and village green application procedures). When all of these changes have been introduced, Wales will in effect have its own planning system.

 

Basement – extension?

Do basement extensions need planning permission? The answer is that there are no specific provisions for basement extensions in the Permitted Development Order (which sets out which types of development are, in effect, to be granted planning permission without the need to apply for it). Despite this, most LPAs have treated basement developments as permitted development, without the need to obtain planning permission.

Subscribers only...
 

CLEUD – non-occupancy?

A certificate of lawfulness of existing use or development (CLEUD) is a certificate issued by an LPA certifying that the existing use is lawful for planning purposes. As such, it certifies what the situation was at the date the application was made. 

Subscribers only...
 

Holiday lets – planning permission?

Is planning permission needed to convert a house into holiday lets?

Subscribers only...
 

Solar – commercial rooftops

There is a new ‘permitted development right’ to install, alter or replace solar equipment on the roof of a commercial building (up to 1 megawatt). But, prior approval must be sought from the LA (which can impose conditions relating to design or exterior appearance).

 


Page 5 of 19

Most-read articles

Disputed will – guidance; procedure
Wednesday, 13 February 2019
What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...

Resources

IAG International
Join the IBA now!
MSI Global Alliance
In House Lawyer
www.totallylegal.com