Glossary articles – page 14

484 articles
Glossary6 min read

Immunity from enforcement: when a breach becomes lawful

Section 171B sets the clock on planning enforcement, and the 2023 Act moved England to a single ten year period from 25 April 2024. This explains the periods, concealment and the evidence a certificate needs.

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Glossary6 min read

Discharge of conditions: the approval nobody plans for

A decision notice is not the finish line. This explains what discharging a condition means, which conditions need an application, how deemed discharge works and why starting early can void a permission.

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Glossary6 min read

Setting of a heritage asset: the planning definition

Setting has no fixed boundary and is not the same as curtilage or a view. This explains the definition, the five step assessment used in practice, and how much detail a heritage statement needs.

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Glossary7 min read

Tilted balance: what the presumption actually does

The tilted balance is easy to state and hard to apply. This sets out what engages it, what switches it off, and how to write the balance so it survives a finding against you.

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Glossary6 min read

Certificate B: serving notice on a landowner

If anyone else owns part of your application site, Certificate A is wrong. Here is what Certificate B requires, how notice is served and what a false certificate risks.

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Glossary7 min read

Root protection area: how the zone is calculated

The root protection area is a circle of 12 times the stem diameter, capped at 707 square metres. Here is how it is measured, when it can be reshaped and what it does to a layout.

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Glossary6 min read

Windfall sites: what they are and why the figure matters

A windfall site is one the development plan never identified. The allowance built on top of them is where the arguments happen, and it is usually the softest number in a supply calculation.

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Glossary6 min read

Local Development Order and Neighbourhood Development Order

A local development order is made by the council. A neighbourhood development order is made by a community and needs a referendum. Both grant permission in advance.

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Glossary6 min read

Conservation covenant: what it is and who holds it

Conservation covenants bind successors in title without needing a planning permission behind them. For habitat banks and off-site gain they are now a standard tool.

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Glossary6 min read

Abandonment of a planning use

A use that stops for long enough can be abandoned, and resuming it then needs planning permission. Four factors decide it, and none of them is decisive alone.

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Glossary7 min read

Ancillary use: where it ends and a new use begins

An ancillary use is subordinate to the main use of a building or land and needs no separate permission. The difficulty is knowing when it has stopped being subordinate.

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Glossary7 min read

Temporary stop notices and stop notices explained

A temporary stop notice can halt work the day it appears on the fence. A stop notice needs an enforcement notice behind it. The difference decides what a landlord should do next.

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Glossary6 min read

The tilted balance and when it actually applies

The tilted balance is not a shortcut to permission. It changes who has to prove what, and a surprising number of appeals turn on whether it was engaged at all.

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Glossary7 min read

The planning unit: the baseline for any change of use

The planning unit fixes the baseline against which any material change of use is measured. Get it wrong and the whole assessment collapses, whichever way it was argued.

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Glossary7 min read

Scheduled monument consent: a separate consent regime

Scheduled monument consent runs entirely separately from planning permission and is decided by the Secretary of State. This sets out which works are caught, what the class consents cover and what an application needs.

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Glossary7 min read

How far an application can be amended before redetermination

Revised drawings during determination are governed by a prejudice test rather than a statutory procedure. This sets out what can be amended, what triggers re-consultation, and when a fresh application is the better route.

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Glossary7 min read

Material start: what counts as beginning development

A material operation under section 56 of the 1990 Act is what keeps a planning permission alive. This sets out the statutory list, the effect of conditions precedent, and the evidence to record on the day.

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Glossary7 min read

Building preservation notice: emergency cover for a building

When an unlisted building of real interest is about to be demolished, a council can serve a building preservation notice and treat it as listed for six months. Here is the test, the procedure and the compensation risk that makes authorities cautious.

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Glossary6 min read

Root protection area: how the BS 5837 figure is derived

The root protection area is a calculated minimum, not a measured rooting zone. Knowing how the figure is derived tells you where there is room to argue and where there is not.

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Glossary6 min read

Nutrient neutrality: what it requires of a housing scheme

Nutrient neutrality is a Habitats Regulations problem dressed up as an arithmetic exercise. The budget is straightforward; securing mitigation for the lifetime of the development is where schemes stall.

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Glossary7 min read

Appropriate assessment: the Habitats Regulations stage explained

The competent authority carries out the appropriate assessment, but the applicant supplies the evidence it rests on. Here is what the 2017 Regulations require at each stage and where schemes come unstuck.

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Glossary6 min read

The 45 degree rule: how councils test loss of light

The 45 degree rule is a council rule of thumb for loss of light to a neighbour's window. Here is how it is measured, what weight it carries and how to design around it.

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Glossary6 min read

Previously developed land: what counts as brownfield

Agricultural buildings, gardens in built up areas and blended remnants are all excluded from previously developed land. Here is how to evidence the status properly.

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Glossary7 min read

Deed of variation: changing a section 106 agreement

Most section 106 changes happen by agreement, not by statute. Here is how a deed of variation works, when section 106A applies and who has to be a party.

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