Articles – page 184

9313 articles
Constraints and Designations6 min read

Strategic gaps and green wedges between settlements

Gap policies come from the local plan, not national policy, so the test is harm to the function of the gap rather than very special circumstances.

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Commercial Occupiers6 min read

Vehicle repair workshops: use class and spray booths

Repair and servicing sit outside Class E, vehicle sales and breaking are sui generis, and respraying needs a permit from the same council through another team.

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Refusals and Appeals6 min read

Reading reasons for refusal and what each one demands

A notice with four reasons usually has one that decides everything. Sort them by whether they attack the principle or the detail before spending anything.

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Energy, Sustainability and Carbon6 min read

What a sustainability statement adds to an energy statement

The two documents overlap at one point only. Keep carbon modelling in the energy statement and let the sustainability statement carry water, materials, waste and resilience.

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Noise, Air, Odour and Light6 min read

When odour modelling is needed and what it involves

Most odour cases are settled on screening and a specified abatement system. Here is when dispersion modelling is warranted, and what it costs in time and evidence.

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Trees and Arboriculture6 min read

Evidence a council needs before approving ash removal

Ash dieback alone does not justify felling a protected tree. Councils want crown decline scored against a stated system, the target beneath, and the alternatives considered.

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Daylight, Sunlight and Amenity7 min read

What daylight modelling outputs to submit

Most daylight reports fail because they cannot be checked. Here are the outputs, tables and appendices that stop a further information request.

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Flood, Drainage and SuDS6 min read

Flood Zone 3b: what can be built in the functional floodplain

The 3a and 3b split comes from the council's strategic flood risk assessment, not the Environment Agency map. That is where most of the argument lives.

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Constraints and Designations6 min read

Site allocations: what an allocation does and does not grant

Allocation gives you section 38(6) on principle and nothing on detail. The refusals come from site-specific requirements, access and constraints the policy never resolved.

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Commercial Occupiers6 min read

Mobile catering on private land: when permission is needed

The 28 day right counts days of use across the whole calendar year. Decking, gas cages and a fixed sign push a pitch into operational development.

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Energy, Sustainability and Carbon6 min read

CIBSE TM59 overheating assessment for residential

TM59 asks a dwelling to pass two criteria, and the bedroom night-time test catches most schemes first. Here is what governs the result.

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Noise, Air, Odour and Light6 min read

BS 4142 rating level and acoustic feature corrections

Rating level equals specific sound level plus character corrections. Most review failures come from the corrections and from how the background level was chosen.

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Trees and Arboriculture6 min read

Answering a tree officer objection to a layout

A tree officer objection is a design brief. Sort it into facts to check, judgements to argue and requirements to meet, then answer each in its own currency.

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Daylight, Sunlight and Amenity6 min read

Sunlight to school playgrounds and play space

The BRE open space test asks for two hours of sunlight over half the area on 21 March. For a playground, the hours that matter are break and lunch.

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Flood, Drainage and SuDS6 min read

Climate change allowances for peak river flow in an FRA

The allowance you must assess depends on river basin district, management catchment, development lifetime and vulnerability class. Here is how to select and present it.

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Constraints and Designations6 min read

Areas of archaeological importance under the 1979 Act

Inside Canterbury, Chester, Exeter, Hereford or York, disturbing the ground needs an operations notice six weeks in advance, whether or not planning permission is required.

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Commercial Occupiers7 min read

Pharmacy relocation within a parade: what needs consent

A move within Class E needs no permission, yet a single restrictive condition, an air conditioning condenser or an illuminated fascia can still require an application.

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Refusals and Appeals7 min read

Judicial review or appeal: which route for which defect

A merits disagreement belongs at appeal. An unlawful decision belongs in the Planning Court, within six weeks. Here is how to tell which you have.

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Refusals and Appeals7 min read

Inquiry appeals: proofs, statements and the timetable

An inquiry is the only appeal procedure where evidence is tested by cross-examination, and that single feature drives the documents, the deadlines and the cost.

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Trees and Arboriculture7 min read

What an arboricultural impact assessment adds to a survey

The survey can be done before you have a design. The impact assessment cannot. Commission them in the wrong order and you pay for the second one twice.

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Transport, Highways and Parking7 min read

Traffic counts in neutral months and survey validity

Neutral period surveys exist so the baseline reflects an ordinary week. Agreeing the dates with the highway authority before surveying is the best value hour on the job.

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Flood, Drainage and SuDS7 min read

Discharging a drainage strategy condition

A surface water condition is usually a condition precedent. Starting before it is discharged can mean the permission was never lawfully implemented.

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Daylight, Sunlight and Amenity7 min read

Reconciling daylight with solar gain in glazing design

The resolution is not a compromise on glazing area. It is glass selectivity, shading geometry, room depth and window head height, all set at concept stage.

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Constraints and Designations7 min read

Deep peat and the planning constraints on peat soils

Peat is treated as a carbon store first and a soil second. The constraint follows the hydrology rather than the red line, so a drain outside the peat can still dry it.

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