Articles – page 16

9617 articles
Commercial Occupiers8 min read

Opening a street food yard or market

A multi-trader food yard is usually a sui generis mixed use needing permission. How the temporary use allowance works, why cumulative odour decides most applications, and what the submission should contain.

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London8 min read

Green belt in the outer London boroughs

Outer London boroughs hold large areas of Metropolitan Green Belt, and Metropolitan Open Land gives the same protection inside the built-up area. How the inappropriateness test, openness comparison and very special circumstances work.

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Heritage and Archaeology7 min read

Listed building consent for partial demolition

Works to part of a listed building are alteration under the Shimizu reasoning, so the test is whether character is affected. How to assess the fabric being lost and what the authority will weigh.

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Planning Process7 min read

Committee site visits and what members may consider

Site visits are governed by each council's own protocol rather than statute. What members go to see, why lobbying on site is prohibited, and how observations feed into the committee decision.

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Transport, Highways and Parking8 min read

Refuse carry distances and bin store design

Two distances drive refuse design: about 30 metres from dwelling to store and about 25 metres from store to vehicle. How to size containers, set out a store and show the geometry on planning drawings.

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Viability, Obligations and Commercial8 min read

How gross internal area is measured for the levy

The Community Infrastructure Levy Regulations charge on gross internal area but never define it. What the RICS convention includes, how existing floorspace is deducted, and the 28 and 60 day challenge windows.

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Flood, Drainage and SuDS7 min read

Reservoir inundation mapping and emergency planning

Sites downstream of a large raised reservoir appear in a mapped inundation extent that carries no annual probability. What the mapping shows, why it is not a flood zone, and what the authority expects on safe access and evacuation.

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Ecology, BNG and Protected Species8 min read

Bat roosts in roofs: survey before loft conversion

Roof voids are bat habitat, and a roost stays protected when empty. The preliminary roost assessment, the emergence survey season, Natural England licensing and the mitigation a converted roof can carry.

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Permitted Development7 min read

Caravans, mobile homes and annexes in a garden

Stationing a caravan in a garden is not building work, but independent occupation of it is a material change of use. Where the incidental, ancillary and separate dwelling lines fall, and the site licensing regime behind them.

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Commercial Occupiers7 min read

Adding a post office counter inside a shop

Both a shop and a post office counter fall within Class E, so the change of use is normally outside planning control. Restrictive conditions, Article 4 directions, shutters and signage are where applications still arise.

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London7 min read

Night-time uses in London: licensing against planning

Licensing and planning are separate regimes with different tests, and the more restrictive control always wins. What each one actually governs for a London late-night venue, and how to sequence the two applications.

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Planning Process7 min read

The deadline for submitting reserved matters

Outline permissions carry two clocks: three years to apply for approval of reserved matters, then two years to begin development after the last matter is approved. Both can be varied by condition.

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Commercial Occupiers7 min read

Opening a pharmacy within a health centre

A pharmacy in a health centre is usually movement within Class E. Conditions on the original permission, the planning unit question and the frontage works decide these schemes.

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London6 min read

Safeguarding a heat network connection in London

In a Heat Network Priority Area the expectation is a communal low temperature system and a connectable interface. Safeguarding has to be drawn, not described.

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Planning Process6 min read

Appealing against a planning condition on its own

You can appeal a condition alone, but the inspector redetermines the application and can refuse the permission. Section 73 keeps the original permission alive.

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Wales, Scotland and Northern Ireland6 min read

Scotland: croft land and planning for a new house

Two consents, two bodies, neither binding the other. Decrofting removes the house site from crofting tenure but grants no right to build.

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London6 min read

Pre-demolition audits and reuse expectations in London

A pre-demolition audit records materials, quantities, condition and a realistic destination for each. Commission it while the building is still standing and accessible.

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Planning Process6 min read

The local validation list and its two year review cycle

Article 11 limits validation requirements to a local list published within the preceding two years, with each item reasonable in scale and material to the decision.

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Transport, Highways and Parking6 min read

Controlled parking zones and permit free conditions

A planning condition cannot control whether a council issues parking permits. Permit free occupation works through a section 106 obligation and the traffic regulation order.

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Viability, Obligations and Commercial6 min read

Levy abatement for existing lawful floorspace

Existing floorspace only reduces a levy liability where the building passes the in-use test: lawful use for six continuous months within the preceding three years.

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Flood, Drainage and SuDS6 min read

Foul drainage capacity enquiries before you apply

You have a right to connect to a public sewer, so capacity problems arrive through the planning system as a condition. The pre-development enquiry is the evidence.

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Heritage and Archaeology6 min read

Treasure, finds and the landowner's position

Treasure vests in the Crown and must be reported within 14 days. Everything outside the statutory definition belongs to the landowner, not the finder.

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Ecology, BNG and Protected Species7 min read

Biodiversity net gain on solar farms

Arable baselines are low and grassland under panels scores well, so solar schemes rarely struggle for units. Proving condition and reconciling 30 years with decommissioning is harder.

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Permitted Development7 min read

Part 20 upward extensions to create new dwellings

Part 20 allows new flats on top of existing buildings by prior approval, within storey and height caps and a construction date condition that rules out much of the stock.

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