Articles – page 233

9190 articles
Flood, Drainage and SuDS7 min read

Environment Agency standing advice and when it does not apply

Flood risk standing advice removes the consultation, not the assessment. Here is where it applies, what triggers a bespoke Environment Agency response, and how to record your reliance on it.

Read article →
Use Classes and Change of Use7 min read

The sui generis list and what falls outside every class

A sui generis use has no class to move within, so every change to or from it needs permission. Here is what article 3(6) excludes and how to describe it on the form.

Read article →
Transport, Highways and Parking7 min read

Car club spaces secured by planning obligation

Car club provision is secured by section 106 obligation, covering the bay, the operator arrangement and household memberships. Drafting it around a named operator is the commonest mistake.

Read article →
Permitted Development7 min read

Biodiversity net gain and permitted development

Mandatory net gain attaches to permissions granted on an application, which leaves permitted development and prior approval outside the regime. Wildlife law still applies in full.

Read article →
Professionals and Qualifications7 min read

Appointing a specialist late in the programme

When a season-dependent survey is commissioned too late, the question is what can be deferred to a condition and what cannot. Protected species is the hard line.

Read article →
Glossary7 min read

Benchmark land value: what it means in planning

Benchmark land value is the dividing line in every viability assessment. National guidance sets it as existing use value plus a landowner premium, based on policy-compliant development.

Read article →
Heritage and Archaeology7 min read

Pre-1948 curtilage structures and the listing date rule

Section 1(5) of the 1990 Act treats structures within the curtilage of a listed building as part of it, provided they were there before 1 July 1948. Here is how to test whether yours is caught.

Read article →
Ecology, BNG and Protected Species8 min read

Biodiversity net gain exemptions and how to claim them

De minimis, householder, self-build and gain site development are exempt from mandatory biodiversity net gain. Each test is narrow, and the claim is checked at validation.

Read article →
Daylight, Sunlight and Amenity7 min read

Annual probable sunlight hours and the winter component

The annual probable sunlight hours test has a separate winter component, and a window only fails where the annual, winter and proportional tests all break together.

Read article →
Constraints and Designations8 min read

Grade II listing and the higher bar it sets

Grade II does not alter the section 66 duty, but it changes how much weight harm carries, who must be consulted and how much analysis an authority expects before validation.

Read article →
Flood, Drainage and SuDS8 min read

The drainage hierarchy and justifying a departure

Surface water must go to ground unless infiltration can be shown to fail. Here is the evidence needed to move down each step of the drainage hierarchy without a holding objection.

Read article →
Use Classes and Change of Use7 min read

Short-term letting and the use class question

Short-term letting a whole dwelling needs permission only where it amounts to a material change of use. London has a 90 night statutory exception; everywhere else it is fact and degree.

Read article →
Permitted Development7 min read

Switching between C3 and C4 in an Article 4 area

Class L of Part 3 permits a house to become a small HMO, unless an article 4 direction has removed the right. How to check whether one applies, and what an application needs when it does.

Read article →
Transport, Highways and Parking8 min read

Site access gradients and the level landing

A vehicular access needs a level landing where it meets the highway and a controlled gradient beyond. Here is what highway authorities ask for and the drawing that settles it.

Read article →
Professionals and Qualifications7 min read

Splitting scope between an architect and a planning agent

On a small residential application the designer and the planning agent do different jobs, and the gaps between them cost money. Here is how to divide the deliverables and decide who is named as agent.

Read article →
Comparisons7 min read

Planning appeal or statutory challenge in the High Court

An appeal to the Planning Inspectorate reconsiders the merits of a proposal. A statutory challenge under section 288 tests whether the decision was lawful, within six weeks. The two routes solve different problems.

Read article →
Glossary8 min read

Commuted sum: what it means in planning

A commuted sum is a one-off payment made in place of providing affordable housing, open space or maintenance on site. Here is how councils calculate one and the legal tests it has to pass.

Read article →
Transport, Highways and Parking6 min read

Forward visibility on estate road curves

Forward visibility around horizontal curves is a common reason an estate road layout is sent back. This covers deriving design speed, sweeping the sight line and showing the envelope on the drawing.

Read article →
Professionals and Qualifications6 min read

Reviewing a consultant's draft before it is submitted

Specialist drafts arrive with recycled site descriptions, superseded policy references and untraceable figures. This is a practical method for reviewing one before it reaches the council.

Read article →
Comparisons6 min read

TPO consent or a conservation area tree notice

Two different procedures protect trees, and householders regularly use the wrong one. This compares an application for consent under a tree preservation order with the six week notice for conservation area trees.

Read article →
Glossary6 min read

Biodiversity gain plan: what it means in planning

The biodiversity gain plan is a separate approval from planning permission. This explains what it contains, when it must be submitted, and which schemes are exempt.

Read article →
Daylight, Sunlight and Amenity6 min read

Using BS EN 17037 targets alongside the BRE guidance

The illuminance based approach in BS EN 17037 and the obstruction measures in the BRE guidance answer different questions. This explains how to use both in one assessment and report them to an officer who expects one method.

Read article →
Flood, Drainage and SuDS6 min read

Infiltration testing and when soakaways are ruled out

A soakaway cannot be designed without a proper infiltration test. This covers the BRE Digest 365 method, groundwater and contamination constraints, and how to present a failed test so the council accepts the alternative.

Read article →
Constraints and Designations6 min read

Reading the policies map: allocations and boundaries

The adopted policies map decides which policies apply to your plot. This covers finding the right version, reading allocations and settlement boundaries, and what to do when the map and the text disagree.

Read article →

Not sure which documents your council will ask for?

Enter your postcode and PlanScope recommends the right reports for your project, then drafts them in minutes.

Enter your postcode on PlanScope