The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Planning and environment

Change of use – GPDO changes

The General Permitted Development Order has now been relaxed to allow more widespread changes of use without the need for planning permission.

Subscribers only...
 

Judicial review – six-week period

The government sees JR applications as a ‘cheap delaying tactic’ in planning appeals.

Subscribers only...
 

Breaches – concealed

Localism Act 2011 introduced provisions on concealed planning breaches. This was largely as a result of highly publicised cases (eg the house built behind a shield of straw bales). As a result, s124 allows LAs to apply to be able to take planning enforcement action outside the normal four- and ten-year time limits if there has been a planning breach as a result of ‘concealment’. An application must be made within six months of the date of knowledge of evidence of the apparent breach.

Subscribers only...
 

CON 29R – search fees

LAs can only charge disbursements when providing environmental information for CON 29R personal searches (ie they cannot charge for staff time involved).

Subscribers only...
 

Listed building – permitted development

Hands up if you think that, in England, the enlargement, improvement or other alteration of a dwelling house which would consist of or include the erection of a building within the curtilage of a listed building is not permitted development?

Subscribers only...
 

Planning obligation – ResPark?

A planning obligation is a binding agreement entered into by the LA and the landowner. It is binding on the landowner and also the successors in title. It can result from either a bilateral agreement between the LA and the landowner, or alternatively by a unilateral undertaking made by the landowner. 

Subscribers only...
 

Planning – outline permission

The amount of detail required for an outline planning permission was reduced in January 2013.

The idea behind outline planning permissions is that they enable developers of larger sites to obtain planning permission for the principles of development, leaving the design of details to a later stage.

Subscribers only...
 

Section 106 agreement – five-year rule

Traditionally, a planning agreement (under s106) has to have been in place for five years before it is possible to apply to change it (with a right of appeal to the secretary of state). Now, however, from 28 March 2013, it will be possible to apply in respect of any s106 agreement entered into before 6 March 2010 (even though such an agreement may be less than three years old). For obligations entered into after 6 April 2010, a five-year period still applies.

 

Offices – residential use

Permitted development allows a change of use from one category of use to another, without the need to apply for planning permission. Importantly, a change of use from offices to residential will now become permitted development for a three-year period. 

Subscribers only...
 

Change of use – holiday let

Planning permission is needed for any ‘development’, and this will include ‘the making of any material change in the use of any buildings or other land’ (s55(1) TCPA 1990). 

Subscribers only...
 


Page 9 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
www.totallylegal.com
In House Lawyer