Articles – page 144

9385 articles
Permitted Development8 min read

Permitted development on a site with a tree order

The exemption that lets you do tree work to build something applies to planning permission granted on an application and excludes permission granted by a development order. Permitted development is the latter.

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Rural and Agricultural8 min read

Battery storage on farmland: noise, fire and grid limits

Electricity storage sits outside the national infrastructure regime in England, so these schemes are local applications. Noise at night, the fire service response, land grade and landscape effects decide them.

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Comparisons8 min read

Class M or Class MA for a shop to homes conversion

Class MA takes a Class E shop to flats subject to a 1,500 m2 cap, two years of prior use and three months of vacancy. Class M is now a narrow residual right, but it does permit building work.

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Use Classes and Change of Use8 min read

Proving the lawful existing use of a building

A certificate of lawfulness is decided on evidence, not merits. What to gather, how the enforcement time limits changed, and why the certificate pays for itself.

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Rural and Agricultural8 min read

Solar farms and agricultural land grade: the sequential case

National policy prefers poorer quality land where agricultural land must be developed. How to survey the grade properly and document the search that justifies the site.

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Ecology, BNG and Protected Species7 min read

Hedgerow units and the rules you cannot trade around

Area habitat units cannot compensate for lost hedgerow. How hedgerow types and condition are scored, what the trading rules allow, and where layouts go wrong.

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Flood, Drainage and SuDS7 min read

Residual flood risk: writing about breach and blockage

Residual risk is the section consultees read hardest. Naming each failure mechanism, testing it proportionately and saying who carries the duty afterwards.

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Constraints and Designations7 min read

Development adjoining a canal or navigable waterway

A canal frontage adds a landowner, a statutory consultee and an engineering constraint. What the waterway authority asks for and how to programme around it.

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Permitted Development7 min read

Building over a public sewer under permitted development

Planning rights and the sewerage undertaker's consent are separate regimes. Finding the pipe, agreeing the build over, and what to do when diversion is the only option.

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Use Classes and Change of Use7 min read

The planning unit and why it decides the use class question

Identify the planning unit before you reach for the Use Classes Order. The occupation test, physical separation, composite uses and what the evidence has to show.

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Rural and Agricultural7 min read

Free range poultry units and ammonia assessment

Ammonia deposition on designated habitats decides most poultry applications. Screening distances, critical loads, dispersion modelling and mitigation that stands up.

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Ecology, BNG and Protected Species7 min read

Timing vegetation clearance around the bird nesting season

The Wildlife and Countryside Act protects a nest while it is in use, whatever the date. How to check, supervise, record and programme site clearance.

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Flood, Drainage and SuDS7 min read

Site-specific flood assessment against the strategic one

The council's strategic assessment and your own site-specific one do different jobs. How to use the first to cut the cost of the second, and where its data runs out.

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Constraints and Designations7 min read

Nitrate vulnerable zones and what they mean for development

Designation is farm regulation rather than a planning constraint, but it decides whether a new livestock building has anywhere to put the slurry. What to calculate and submit.

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Permitted Development8 min read

Bin stores, bike stores and cabinets at a block of flats

Blocks of flats have almost no permitted development rights in their curtilage. What survives, when a store is development at all, and how to get one approved.

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Use Classes and Change of Use7 min read

A house becoming a day nursery: the C3 to E(f) route

There is no permitted development route from Class C3 to Class E(f). What a nursery application has to prove on traffic, noise and amenity, and the conditions to offer.

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Rural and Agricultural7 min read

Manege applications: drainage, lighting and landscape

A manege is not agricultural development, so it needs full permission. Applications turn on surface water, floodlighting and how the arena sits in the landform.

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Heritage and Archaeology7 min read

Trial trenching percentages and what triggers excavation

Evaluation sample percentages are set by the curator in a written scheme of investigation. What drives the figure, and which results escalate a site to full excavation.

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Ecology, BNG and Protected Species7 min read

What a negative preliminary roost assessment really means

Only a negligible suitability result with no evidence found closes the bat question. Low, moderate and high all trigger emergence surveys in a season that closes in September.

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Flood, Drainage and SuDS7 min read

Basement flood risk and pumped drainage

Basement dwellings sit in the highly vulnerable category, so the flood zone decides the principle and the pump design decides the detail. What to show in the assessment.

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Constraints and Designations7 min read

Town or village green registration and a development site

Registration as a town or village green stops development without compensation. The statutory test, the trigger events that block an application and the deposits that protect a site.

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Permitted Development7 min read

Air conditioning units and external plant on a house

Air conditioning is not covered by the microgeneration classes, so whether you need permission turns on external appearance, and whether you get it turns on noise.

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Use Classes and Change of Use7 min read

Live-work units and how councils describe the use

The Use Classes Order has no category for live-work, so the description on the application form decides the policy tests, the conditions and the levy. Here is how to choose it and evidence it.

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Rural and Agricultural8 min read

Livestock buildings within 400 metres of a dwelling

Agricultural permitted development does not cover a livestock building or slurry store within 400 metres of a protected building. Here is how the restriction works, how to measure it, and what a full application needs.

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