Planning Law Updates
Dated, sourced explainers of NPPF revisions, new legislation, permitted development changes and case law.
Latest in Planning Law Updates
180 articlesGrey belt and the golden rules for Green Belt release
The grey belt route gives a development management answer where a plan has not kept up, conditional on golden rules covering affordable housing, infrastructure and public green space.
Section 73B and the limits on amending a permission
Section 73B was inserted to fill the gap left between non-material amendments and condition variations. It does not solve the Hillside problem, and its commencement needs checking.
Upward extensions under Part 20 and the prior approval tests
Part 20 grants the principle of adding storeys and then gives the authority a long list of prior approval matters. Daylight, amenity and external appearance are where these applications are won or lost.
Use Classes Order 2020: what a condition still restricts
The 2020 amendment revoked the old classes but removed no conditions. A permission restricting a unit to Class A1 and no other purpose still binds, and the ways out are a section 73 application or a certificate.
Securing biodiversity gain for thirty years
The thirty year securing arrangement outlives the development and has to survive the land changing hands. Section 106 and conservation covenants behave differently, and the choice matters.
The statutory biodiversity metric and the small sites version
The small sites metric is a simpler calculator, not a lower standard. The eligibility conditions disqualify more sites than self-builders expect, and the hedgerow account is where plots fail.
The Infrastructure Levy and what replaces the current charge
The Levelling-up and Regeneration Act 2023 created powers for a value-based Infrastructure Levy, but none have been switched on. What that means for appraisals and land deals, as at October 2026.
Local validation lists: what authorities may require
A local list item only bites if it was published within two years and is reasonable for your scheme. How to check, and what to do when validation disagrees.
Temporary stop notices and how long they last
A temporary stop notice halts an activity on display, with no right of appeal, and now lasts up to 56 days in England. Here is what it can and cannot prohibit.
Appeal procedures compared: written, hearing and inquiry
You state a preference and the Inspectorate decides. Here is how the three appeal procedures are allocated, what each demands, and how to argue for the one you want.
Prior approval procedure and the deemed grant trap
The 56 day deemed grant under paragraph W runs from receipt, permits only what was submitted, and waives none of the class conditions. How to use it safely.
Permitted development conditions and the effect of a breach
A breached condition in the General Permitted Development Order leaves the whole extension unauthorised, not just the non-compliant part. What follows and how to fix it.
The standard method for local housing need explained
Local housing need now starts from existing stock rather than household projections. The result is a minimum for plan making, not a target, a ceiling or a test for any single application.
The Housing Delivery Test and the presumption in favour
The Housing Delivery Test produces one number per authority. An action plan is due below 95 per cent, a 20 per cent buffer below 85, and the presumption in favour applies below 75.
The thirty month local plan timetable and what it means
Plan making under the Levelling-up and Regeneration Act 2023 is meant to run to roughly 30 months with checks during preparation rather than one examination at the end. Here is how the stages fit together.
The Fire Safety (England) Regulations and planning design
Secure information boxes, wayfinding signage and firefighting lift checks are operational duties, but they presuppose space, access and visibility that have to exist in the design. Here is what planning drawings should anticipate.
The biodiversity gain site register and how entries work
The register is how off-site biodiversity units are verified rather than asserted. Here is what an entry contains and the four checks a reviewer should make.
Conservation covenants and how habitat is secured
A conservation covenant or a section 106 obligation are the only two ways to secure a biodiversity gain site. Here is how covenants work and when to use one.
Commencement notices and completion notices explained
The Levelling-up and Regeneration Act 2023 requires a developer to notify the authority of the start date, adds progress reports for prescribed schemes, and reworks the completion notice power.
Grey belt and the Green Belt policy change
Grey belt is a defined category of Green Belt land, not a new designation. It covers previously developed land and other land that does not strongly contribute to three of the five Green Belt purposes.
Planning fee indexation and how fees now change
Fees are national, not local, and since 1 April 2025 they move once a year with inflation. The figure is fixed by the date the application is made, so an old estimate will be wrong.
Class MA and the conditions that limit it
The floorspace cap and vacancy test went in March 2024, but the two year Class E use requirement, natural light, space standards and Article 4 directions still decide most Class MA schemes.
Schedule 3 SuDS approval and why it has not started
Schedule 3 to the Flood and Water Management Act 2010 is in force in Wales and not in England. Here is what it would change, what covers the gap and what to do now.
Gateways two and three under the Building Safety Act
Planning permission does not authorise a start on a higher-risk building. Gateway two and gateway three are hard stops run by the Building Safety Regulator, with change control in between.
Not sure which documents your council will ask for?
Enter your postcode and PlanScope recommends the right reports for your project, then drafts them in minutes.
Enter your postcode on PlanScope