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Latest Planning News

Court of Appeal confirms there is no duty on local planning authorities in Wales to adopt a local development plan which an inspector upon examination has recommended for adoption (Re Jones v Wrexham County Borough Council)

Court of Appeal confirms there is no duty on local planning authorities in Wales to adopt a local development plan which an inspector upon examination has recommended for adoption (Re Jones v Wrexham County Borough Council)

Court of Appeal confirms there is no duty on local planning authorities in Wales to adopt a local development plan which an inspector upon examination has recommended for adoption (Re Jones v Wrexham County Borough Council)

Welsh Government's FCEC responds to NICW report on flood resilience

Welsh Government's FCEC responds to NICW report on flood resilience
Law Society responds to MoJ call for evidence on judicial review of NSIPs

Law Society responds to MoJ call for evidence on judicial review of NSIPs
Planning weekly highlights—16 January 2025

Planning weekly highlights—16 January 2025

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—16 January 2025

Featured Planning content

Planning conditions—the six tests

Planning conditions—the six tests

Planning conditions—the six testsPowers to impose planning conditionsThe general powers for local planning authorities (LPAs) to impose conditions on...

Local planning authority as applicant for planning permission to itself

Local planning authority as applicant for planning permission to itself

Local planning authority as applicant for planning permission to itselfLocal authorities are not immune from having to obtain planning permission to...

Section 215 notice requiring maintenance of land

Section 215 notice requiring maintenance of land

Section 215 notice requiring maintenance of landIntroductionThe purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to...

Is there a limitation period for water authorities to require a build over agreement to be entered into (for example, if a building had been in existence for 12 years without a relevant build over agreement in place)? Are there any specific powers to require a build over agreement to be entered into retrospectively (if the authority owned the sewer prior to the 2011 transfer)?

Is there a limitation period for water authorities to require a build over agreement to be entered into (for example, if a building had been in existence for 12 years without a relevant build over agreement in place)? Are there any specific powers to require a build over agreement to be entered into retrospectively (if the authority owned the sewer prior to the 2011 transfer)?

Is there a limitation period for water authorities to require a build over agreement to be entered into (for example, if a building had been in...

Practice notes

Agricultural buildings and land: permitted development rights

Agricultural buildings and land: permitted development rightsPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning...
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Produced in partnership with Martha Grekos of Martha Grekos Consultancy Limited
2nd Mar
Q&As

Is it possible to amend the red line boundary of a planning permission through an application made under section 73 of the Town and Country Planning Act 1990, in circumstances where the change is minor, and where the size/boundary of the site is not stated in the description of the development?

Is it possible to amend the red line boundary of a planning permission through an application made under section 73 of the Town and Country Planning...
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2nd Mar
Practice notes

Determining planning applications—procedure

Determining planning applications—procedureLegislation and guidanceThe statutory requirements relating to the determination of planning applications...
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1st Mar
Practice notes

Dangerous buildings and structures

Dangerous buildings and structuresPowers of the local authorityThe local authority has powers to deal with dangerous buildings under a number of...
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2nd Mar
Practice notes

Failure to comply with planning enforcement—criminal liability and direct action

Failure to comply with planning enforcement—criminal liability and direct actionUnder the Town and Country Planning Act 1990 (TCPA 1990), a breach of...
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2nd Mar
Practice notes

Defining the planning unit

Defining the planning unitWhy is it important to establish the planning unit?Pursuant to section 57 of the Town and Country Planning Act 1990 (TCPA...
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2nd Mar
Q&As

Are there any restrictions on amending the red line on a planning application before it is determined?

Are there any restrictions on amending the red line on a planning application before it is determined?There is no statutory basis which expressly...
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1st Mar
Practice notes

Implementing a CPO—notice to treat and General Vesting Declaration

Implementing a CPO—notice to treat and General Vesting DeclarationContextThe confirmation of a compulsory purchase order (CPO) does not vest title in...
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2nd Mar
Practice notes

Permitted development in Wales

Permitted development in WalesPlanning permission is required for the development of land. 'Development', which is defined in the Town and Country...
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2nd Mar
Practice notes

The Crichel Down Rules

The Crichel Down RulesThe Crichel Down Rules (the Rules) require that in certain circumstances, surplus government land that was acquired by, or under...
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1st Mar
Practice notes

Local Development Orders

Local Development OrdersWhat is a Local Development Order (LDO)?An LDO is a local development order, made at local authority level by a local planning...
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1st Mar
Practice notes

Offshore wind—permits and permissions

Offshore wind—permits and permissionsLegislative and policy context for offshore wind development in the UKUnder EU Directive 2009/28/EC (the EU...
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Produced in partnership with Helen Mitcheson of Trowers & Hamlins
1st Mar
Practice notes

Appropriation of land for planning purposes

Appropriation of land for planning purposesLocal authorities who have acquired land for a statutory purpose must hold that land for that purpose. They...
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Produced in partnership with Kate Silverman of TLT
1st Mar
Practice notes

Planning inquiries

Planning inquiriesThere is a right of appeal against most local planning authority (LPA) decisions on planning applications and related applications....
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2nd Mar
Practice notes

Environmental impact assessment: meaning of ‘significant effect’

Environmental impact assessment: meaning of ‘significant effect’IntroductionEIA is an assessment of a project's likely significant environmental...
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Produced in partnership with Heather Sargent of Landmark Chambers
2nd Mar
Practice notes

Statutory blight

Statutory blightWhat is statutory blight?Blight occurs when the value of a property is reduced because of proposed development or public works, which...
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2nd Mar

Popular documents

Scotland—the process for applying for sequestration

Scotland—the process for applying for sequestrationSequestration in Scotland is the legal process by which an insolvent debtor’s estate is gathered in, realised and then distributed among their creditors by a trustee appointed for that purpose. The process requires that a formal award of

Micklefield clauses

Micklefield clausesWhat is a Micklefield clause?It is common for employee share plans to provide that, on termination of employment (or when an employee is given or receives notice of termination of employment), subsisting share awards will be forfeited and subsisting share options will lapse.It is

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

Where are misrepresentations made? Jurisdictional traps for the unwary (Bellmare Holdings Ltd v Wells)

Dispute Resolution analysis: The High Court has provided concise guidance as to how misrepresentation should be analysed when considering jurisdictional gateways. Under Article 5(3) of the Lugano Convention, in negligent misstatement cases, the place of the event giving rise to damage is normally