The online resource for UK Property Law

Planning

Please see the section contents on the left to find the topic that is of interest to you.

A very useful website dealing with planning is the Planning Portal, which is the “UK Government’s Online planning and building regulations resource for England and Wales.”

For a helpful website dealing with planning and enforcement appeals procedure go to The Planning Inspectorate site.

In relation to Permitted Development the principal Order is the The Town and Country Planning (General Permitted Development) Order 1995, which is amended from time to time. Details of amendments can be found on the Planning Portal, which is the “UK Government’s Online planning and building regulations resource for England and Wales.” However, it is necessary to be careful as it is not always fully up to date.

A number of local planning authorities also have useful summaries of the current position in relation to permitted development. For example, see the site of Basingstoke and Deane Borough Council

Green Belt

"Openness" Visual concept? R (on the application of Samuel Smith Old Brewery (Tadcaster)) v North Yorkshire County Council [2020] UKSC 3 Summary "Openness" of the Green Belt is not an essentially visual concept. Facts The appellant, the local planning authority,...

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Conditions

Interpretation No "ejusdem generis" rule R. (on the application of XPL Ltd) v Harlow Council [2016] EWCA Civ 378 Summary The Court of Appeal held that there had been a breach of planning conditions and that the statutory presumption -ejusdem generis- did not apply to...

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Environmental

This page has case reports dealing with Environmental impact assessments: The test for whether or not a proposed development required an Environmental Impact Assessment was considered. EIA: The correct approach to take to screening opinions when a proposed development...

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Permission

This page has cases dealing with: Modification or revocation - financial implications - Supreme Court Outline permission - "hybrid" applications "Detailed planning permission" Approval of reserved matters - new application? Multiple permissions Some of these cases...

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Policy

Supply of housing NPPF para 49 - meaning of "relevant policies for the supply of housing" Suffolk Coastal DC v Hopkins Homes [2016] EWCA Civ 168 Summary After many conflicting High Court judgments on the issue, the Court of Appeal ruled on the correct meaning of...

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Compensation

Refusal of planning permission - compensation Purchase notices Herefordshire Council v White [2007] EWCA Civ 1204 Introduction Section 137(2) of the Town and Country Planning Act 1990 provides that, where an application for planning permission to develop land has been...

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Compulsory purchase

Assessment of compensation Effect of planning permission Transport For London (London Underground Ltd) V Spirerose Ltd (In Administration) [2009] UKHL 44 Summary This House of Lords judgment overturned both the Lands Tribunal and Court of Appeal judgments on how...

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Deceit

This page deals with two cases that superficially seem to raise the same issues. They both involve concealment of the use of a building for dwelling purposes. However, the outcome in each case was different - as the legal issue in each was different. True nature of...

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