Articles – page 119

9432 articles
Permitted Development8 min read

Change of use to a state funded school under Part 3

Part 3 lets specified buildings become a state-funded school subject to prior approval of four matters only. The scope, the 56 day period and the works it does not cover.

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Rural and Agricultural7 min read

Livestock buildings and the distance to housing

The only fixed figure is the 400 metre permitted development limit. Beyond that, odour modelling, ventilation design and manure management decide what separation is acceptable.

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Trees and Arboriculture7 min read

Serving a section 211 notice for conservation area trees

In a conservation area you give the council six weeks notice of tree works. It cannot refuse, only make an Order. The threshold, the notice contents and the exemptions that need no notice.

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Viability, Obligations and Commercial7 min read

Appealing a CIL charge: grounds and deadlines

A review by the collecting authority comes first, then an appeal to the Valuation Office Agency or the Planning Inspectorate depending on the dispute. None of the deadlines can be extended.

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Heritage and Archaeology7 min read

Curtilage listing and which outbuildings are covered

Section 1(5) of the 1990 Act treats pre-1948 structures in the curtilage as part of the listed building. What that catches, how to evidence it, and why there is no certificate that settles it.

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Ecology, BNG and Protected Species7 min read

Dormouse surveys, nest tubes and connectivity mitigation

Nest tube checks are weighted by month and you need a cumulative score before absence can be concluded. What that means for the programme, the licence and the hedgerow design.

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Flood, Drainage and SuDS7 min read

Blockage scenarios a flood risk assessment has to test

The design event assumes the asset works. Blockage assumes it does not, and the two produce different flood extents. What regulators expect in the blocked run and how to report it.

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Use Classes and Change of Use7 min read

Farm shops and the proportion of own produce

There is no statutory percentage that turns a farm gate stall into a shop. What the ancillary test looks at, and how to draft a sourcing condition you can live with.

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Permitted Development6 min read

Side extensions: the width and single storey limits

Half the width of the original house, single storey, 4 metres high. The three Class A limits that decide whether a side extension is permitted development, and what to do when they do not fit.

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Rural and Agricultural7 min read

Best and most versatile land and the survey that proves it

Grades 1, 2 and 3a are the best and most versatile land that policy protects. Only a field survey separates 3a from 3b, and that single line decides how much weight the loss carries.

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Which Reports Do I Need8 min read

Documents for a site with a high pressure gas main easement

A gas main easement fixes your layout before you draw a plot. What the deed restricts, how the Health and Safety Executive consultation distance works, and the document set that answers it.

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Rural and Agricultural6 min read

Temporary dwellings for rural workers and what follows

A temporary consent bridges the gap between functional need and a viable business. The permanent application rests on records you have to start keeping immediately.

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Which Reports Do I Need7 min read

Evidence for a site with overhead power lines across it

The easement strip, the statutory clearance and the crane exclusion zone are three different restrictions. Establish all three before drawing the layout.

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Heritage and Archaeology7 min read

Substantial harm and where the threshold sits

Substantial harm means the significance of the asset is drained away or very much reduced. Serious, regrettable harm can still fall below that line.

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Ecology, BNG and Protected Species7 min read

Translocation of habitats: turf, seed and soil transfer

Translocation moves a habitat rather than recreating one. The metric discounts it heavily, and the receptor site decides whether it works at all.

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Flood, Drainage and SuDS6 min read

Finished floor levels and how a council fixes them

The level in the condition is the design flood level plus freeboard, in metres above Ordnance Datum. Survey it before the slab is designed, not after permission.

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Use Classes and Change of Use6 min read

Offices to co-working and flexible desk space

A floor of hot desks is an office in planning terms. Events hire, a public cafe and a members bar are what take a co-working operation outside Class E.

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Permitted Development6 min read

Enforcement and permitted development: who proves what

The council does not have to prove your extension needed permission. On the no-breach ground of appeal, you have to prove it did not, limb by limb.

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Rural and Agricultural7 min read

When horse grazing becomes a change of use

The test is what the land is for, not how many horses are on it. Imported feed, fencing, a muck heap and a worn track together describe an equestrian use.

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Which Reports Do I Need7 min read

Documents for a retrospective application

A retrospective application stands or falls on the as-built survey. Measure what is there, state the breach in figures, and check whether a notice has been issued first.

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Heritage and Archaeology6 min read

Section 72 duty in a conservation area application

Section 72 asks for special attention to character and appearance across the whole area. A scheme that does no harm meets the duty without having to improve anything.

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Ecology, BNG and Protected Species6 min read

Lighting design for bats: lux limits and spill control

Bat lighting conditions fail when the drawing stops at the red line. Target around 1 lux on sensitive features, show contours beyond the boundary, and design the dark corridor first.

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Flood, Drainage and SuDS6 min read

Separating surface water from a combined sewer

Taking roof and yard drainage out of a combined sewer is often the only betterment available on a tight urban site. It starts with dye testing, not drawings.

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Use Classes and Change of Use6 min read

Retail loss policies and the marketing evidence test

Retail protection policies set an evidential hurdle rather than a ban. Marketing at a realistic price, recorded enquiry by enquiry, is what carries the case.

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