Planning
Also in Planning

Appeal summary: Brewery Quay, Salcombe – can a principal residence restriction be removed?
According to government statistics [1], 2.1 million households reported having at least one additional property, many of which are investments that…

The Planning and Infrastructure Bill – Consequences and Unintended Consequences
The Planning and Infrastructure Bill was introduced into the House of Commons on the 11th of March with promises of 'cutting red tape' and 'generating…

The New NPPF – What Does It Say, and What Does That Mean?
The Government has published the NPPF1 and it takes effect for all development management decisions from 12 December 20242, whereas for the purposes…

Planning Obligations: Some Pitfalls for Residential Conveyancers.
Article contributed by Tom Graham The Law Society's 'Conveyancing Handbook' is, normally, the starting point for any guidance on topics which are of…

Shutting The Door On Working From Home?
Article contributed by Robert Kelly of Stewart Title Whilst many of the most visible consequences of Lockdown are slowly disappearing, the desire for…

Stranger than fiction
Article contributed by Tom Graham A short account of a strange case As they say, the fact is often stranger than fiction. This short article stems…

Planning Authorities and the Avoidance of "Fleeceholding"
Many planning agreements under Section 106 of the Town and Country Planning Act 1990 rely on private management companies to provide and maintain…

Statutory Declarations and Certificates of Lawfulness
Statutory Declarations and Certificates of Lawfulness. Contributed by Tom Graham, Barrister and senior trainer, IQ Legal Training Tom Graham shares…

The Environment ACT 2021 – Why bother now?
THE ENVIRONMENT ACT 2021 – WHY BOTHER NOW? CONTRIBUTED by Tom Graham, Barrister and senior trainer, IQ Legal Training The Environment Act 2021 brings…
Green Belt
"Openness" Visual concept? R (on the application of Samuel Smith Old Brewery (Tadcaster)) v North Yorkshire County Council [2020] UKSC 3 Summary…
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…
Environmental
This page has case reports dealing with Environmental impact assessments: The test for whether or not a proposed development required an Environmental…
Permission
This page has cases dealing with: Modification or revocation - financial implications - Supreme Court Outline permission - "hybrid" applications…
Compensation
Refusal of planning permission - compensation Purchase notices Herefordshire Council v White [2007] EWCA Civ 1204 Introduction Section 137(2) of the…
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…
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…
Compulsory purchase
Assessment of compensation Effect of planning permission Transport For London (London Underground Ltd) V Spirerose Ltd (In Administration) [2009] UKHL…
Development plans
Interpretation Plans to be determined objectively Tesco Stores Limited v Dundee City Council [2012] UKSC 13 Summary The meaning to be given to the key…
Change of use
Intensification of use Breaches of planning control Hertfordshire County Council v Secretary of State for Communities and Local Government [2012] EWCA…
Children
This page contains two cases, one on the grant of planning permission and the other on enforcement, which demonstrate that the interests of children…
Party walls
There are two pages to this section of the site. The first contains an article on party walls - introducing all the basic concepts - A Beginner's…