Articles – page 120

9429 articles
Heritage and Archaeology6 min read

Section 66 duty and the setting of a listed building

Section 66 gives the preservation of a listed building and its setting considerable importance and weight. It applies even where no listed building consent is needed.

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Ecology, BNG and Protected Species7 min read

Wintering bird surveys and when a scheme needs them

Wintering bird surveys follow the birds rather than the site boundary. The October to March season puts a hard floor under the programme, so scope it in the summer.

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Flood, Drainage and SuDS7 min read

Condition or obligation for long term SuDS maintenance

A condition can require an approved maintenance plan but cannot carry money or a step-in right. On shared estate drainage that pushes you towards a section 106 obligation.

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Use Classes and Change of Use7 min read

The planning unit and when a mixed use arises

Identify the planning unit before anything else. It decides the description of development, whether an activity is ancillary, and whether a later change needs permission.

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Permitted Development6 min read

Equestrian use is not agriculture: what that changes

Grazing is agriculture. Keeping horses is not, which removes Part 6 permitted development rights and makes stables, arenas and access full planning applications.

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Rural and Agricultural6 min read

Structural capability under Class Q prior approval

Class Q allows conversion, not reconstruction. The structural appraisal has to show the existing frame can carry the finished dwelling without being replaced in the process.

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Which Reports Do I Need7 min read

Documents for a temporary consent application

Temporary consent is the normal application pack plus two things: a defensible reason for the period you are asking for and a restoration scheme you can deliver on the last day.

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Use Classes and Change of Use7 min read

Ancillary use and when it becomes a material change

Nothing freezes an ancillary use in place. The factors that decide when it has become a use in its own right, and how to condition and evidence the balance.

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Permitted Development7 min read

Cumulative outbuildings and your remaining allowance

Everything in the garden counts, including extensions and buildings put up by previous owners. How to calculate the remaining allowance and record it properly.

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Rural and Agricultural7 min read

Proving the agricultural use date for a Class Q conversion

Class Q turns on a date and the word solely. The documents that prove agricultural use, and the mixed uses that quietly defeat a barn conversion claim.

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Which Reports Do I Need6 min read

Evidence base for a permission in principle application

The application is a form, a site plan and a fee. What permission in principle actually settles, and where the evidence base really lands.

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Permitted Development7 min read

Battery storage and where permitted development stops

Standalone batteries have no permitted development route and are decided locally whatever their size. Where the narrow rights apply and what an application needs.

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Which Reports Do I Need7 min read

What to submit for a certificate of lawful existing use

The applicant carries the burden of proof on a section 191 certificate. The documents that persuade, the declarations that do not, and how to order the bundle.

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Ecology, BNG and Protected Species7 min read

Nutrient neutrality: calculating a scheme's budget

A nutrient budget turns future residents into kilogrammes of nitrogen a year. The inputs that move the answer and the evidence Natural England expects.

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Flood, Drainage and SuDS7 min read

Finished floor levels and freeboard above the flood level

The design flood level is not the colour on the flood map. How to establish it, what freeboard to add, and every opening that has to sit above the result.

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Use Classes and Change of Use7 min read

Self storage: Class B8 or something else

Storage for the public is still storage, so self storage sits in Class B8. The parts of the model that take it outside, and the policy fight that follows.

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Permitted Development7 min read

Are polytunnels development? The planning position

A tunnel moved each season may not be development. A fixed commercial run normally is. How the tests apply and what evidence settles the question.

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Which Reports Do I Need7 min read

Documents for a non-material amendment application

Section 96A has no statutory definition of non-material and no right of appeal. The pack that makes the judgement easy, and when to use section 73 instead.

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Ecology, BNG and Protected Species7 min read

Off-site units and the registration of gain sites

Units only count once the land is registered, secured for 30 years and allocated to your application. The sequence, the costs and where deals come apart.

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Flood, Drainage and SuDS7 min read

SuDS treatment stages and the simple index approach

Water quality is assessed by comparing pollution hazard indices with the mitigation indices of your treatment train. Where the calculation usually goes wrong.

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Use Classes and Change of Use7 min read

Car showrooms, MOT bays and vehicle repair use classes

Selling cars is sui generis, repairing them usually is not, and almost every move between vehicle uses needs permission. The evidence each application needs.

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Permitted Development7 min read

Agricultural tracks and when prior notification applies

A farm track on a holding of five hectares or more is usually permitted development, but only after a 28 day notification. What the authority can and cannot ask.

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Flood, Drainage and SuDS7 min read

Who adopts an attenuation tank and what that costs

Whether a tank goes to the sewerage undertaker or a management company decides the design standard, the whole-life cost and whether the drainage condition clears.

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Project Type Guides7 min read

A telecoms mast upgrade under the Part 16 route

On a Part 16 prior approval the council decides siting and appearance, nothing else. How the 56 day period works and what a complete submission contains.

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