Planning Law Updates – Page 8
Dated, sourced explainers of NPPF revisions, new legislation, permitted development changes and case law.
Planning Law Updates articles – page 8
180 articlesThe Future Homes Standard and the Part L uplift
The 2022 Part L uplift was an interim step towards the Future Homes Standard. Several of the measures needed to meet it are planning matters and belong on the submitted drawings.
Section 73B: the minor variation route explained
Section 73B allows a varied planning permission, including a changed description of development, where the effect is not substantially different. Check that it is in force before relying on it.
Deemed discharge of conditions and its excluded categories
Deemed discharge treats a condition as discharged when the council fails to determine the application. Schedule 6 to the DMPO 2015 lists where the power does not apply.
Pre-commencement conditions and the section 100ZA duty
Section 100ZA gives applicants a say in pre-commencement conditions. Here is what counts as one, how the notice route works, and why the trigger point decides your programme.
Class MA after the removal of the size and vacancy limits
A whole commercial building can now convert to housing under Class MA while still occupied. The two year use test, natural light and the levy in-use rule are what decide schemes now.
The 2020 Use Classes reform and what it actually changed
The September 2020 reform created Class E, F1 and F2 and pushed pubs, takeaways and cinemas into sui generis. Two things survive it: restrictive conditions and the sui generis list.
Planning Gateway One and the Fire Statement requirement
Gateway One brings fire safety into the planning application for taller residential buildings. Here is which schemes are caught and what the Fire Statement must cover.
Mandatory biodiversity net gain: the statutory framework
Biodiversity net gain works through a condition deemed into every permission. Here is where the duty sits in statute, when it applied from and what the exemptions cover.
Infrastructure Levy powers and how they differ from CIL
The Infrastructure Levy sits on the statute book as a set of powers that need regulations before anything changes. Here is how it was designed, and what developers pay in the meantime.
Street votes: the power and what it would allow
Street vote development orders would let residents of a single street grant themselves planning permission for agreed forms of development, subject to examination and a referendum.
Enforcement time limits under the 2023 Act
The Levelling-up and Regeneration Act 2023 moved enforcement immunity in England to a single ten year period. Which rule applies to your client depends on when the breach happened.
National Development Management Policies: what they will do
The Levelling-up and Regeneration Act 2023 created a power to designate national development management policies that would sit alongside the development plan and prevail over it in a conflict.
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