Planning Law Updates – Page 5
Dated, sourced explainers of NPPF revisions, new legislation, permitted development changes and case law.
Planning Law Updates articles – page 5
180 articlesThe Building Safety Act gateways explained for applicants
The planning stage definition of a relevant building and the building control definition of a higher-risk building are not the same, and that mismatch causes most of the confusion.
Permitted development rights for EV chargepoints
Most home chargepoints go in without a planning application, but the casing size, the upstand height and the distance to the highway all have limits.
Telecommunications development under Part 16
Part 16 of the GPDO 2015 lets code operators install masts and apparatus with prior approval of siting and appearance rather than full permission. That boundary decides which objections carry weight.
Electric vehicle charging: what permitted development covers
The charging classes in Part 2 of the GPDO cover an outlet on a wall and an upstand in existing off-street parking. Substations, canopies and hubs fall outside them.
The pooling restriction removal and what it changed
Regulation 123(3) once capped at five the number of obligations that could fund one infrastructure project. Its removal in 2019 changed what councils can collect, but not what they can require.
Higher-risk buildings: what the threshold changes at planning
Crossing the higher-risk threshold changes the consent programme, the core layout and the cost of a late design change. Test the measurement before the massing is fixed.
Fire statements at Planning Gateway One: scope and content
A fire statement is a validation requirement for relevant buildings, not a technical afterthought. Submitting the wrong document stops the application before it starts.
Part O overheating and what it does to planning drawings
Part O is a Building Regulations requirement, but it reshapes elevations, balconies and window sizes. Designing the planning drawings without it invites a redesign after permission.
Part L 2021 and what an energy statement must now show
Primary energy joined emissions as a headline metric, the grid carbon factor fell sharply, and fabric targets now constrain design early. Here is what an energy statement has to demonstrate.
Commencement notices and what developers tell the council
Missing a Community Infrastructure Levy commencement notice can cost you a self-build exemption. This separates that duty from the newer notification provisions and sets out a pre-start sequence.
Permission in principle by application: what it does
The permission in principle route fixes the principle of housing and leaves everything else to technical details consent. Here is what it covers and where it pays.
Brownfield land registers and what being on one means
Every English council keeps a brownfield land register. A Part 1 entry is evidence; a Part 2 entry is a consent that settles location, use and amount for five years.
The duty to have regard to heritage assets in decisions
A statutory duty is weighed differently from a policy consideration. What sections 16, 66 and 72 require, which assets the 2023 Act brings in, and the order to argue it.
Pavement licences after the 2023 Act changes
The pavement licence covers removable furniture on the highway, not decks, canopies or a change of use. What the 2023 Act changed and what councils condition.
The biodiversity gain condition in Schedule 7A explained
The biodiversity gain condition is deemed onto permissions rather than written on the decision notice. It is a pre commencement condition, and programming for it is the real problem.
Completion notices and unfinished planning permissions
An implemented planning permission never expires, so a part built scheme can sit indefinitely. A completion notice is how an authority ends it, and the 2023 Act made the power easier to use.
Enforcement warning notices under the 2023 Act
A warning notice under section 173ZA is an invitation to apply, not an enforcement notice. There is no appeal against it, and applying before an enforcement notice keeps section 70C from closing the door.
Local fee setting powers and what they mean for applicants
Application fees are national and indexed. Pre-application advice, performance agreements and monitoring charges are not, and that is where budgets already vary most between authorities.
Completion notices and development progress reporting
A completion notice can bring a live permission to an end. The 2023 Act made it easier to serve and added reporting duties on the way in. Here is how the powers fit together.
Community land auctions and how the pilot works
Under Part 5 of the Levelling-up and Regeneration Act 2023 landowners bid binding options into plan making. Here is the mechanism and what it means for land strategy.
Neighbourhood priorities statements and what they can do
Created by the Levelling-up and Regeneration Act 2023, a priorities statement is a light touch way for a parish to influence a local plan. Here is what it can and cannot do.
The 30 month plan timetable and plan making gateways
The Levelling-up and Regeneration Act 2023 sets a 30 month target for local plans with independent gateway checks during preparation. Which regime your plan sits under decides how you engage with it.
Protected site strategies and how they change assessment
Natural England can prepare a strategy addressing pressures on a designated site across the whole area they come from. It does not remove the appropriate assessment duty, but it can supply the evidence and the mitigation.
Part 20 upward extensions and the classes that allow them
Part 20 contains several classes permitting upward extension, each with different dates and limits. For a landlord, the leasehold structure defeats the right more often than the planning limits do.
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