Articles – page 24

9604 articles
Refusals and Appeals8 min read

Why a development consent order has no right of appeal

Infrastructure consents under the Planning Act 2008 carry no merits appeal. Section 118 allows only judicial review, within six weeks, which makes registration at the examination stage decisive.

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Project Type Guides7 min read

Stables and a riding arena on grazing land

Grazing is agriculture; keeping horses for riding is not. That single distinction sets what you apply for, why Part 6 rights do not help and what the council will ask to see.

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Which Reports Do I Need8 min read

Supporting documents for a natural burial ground

A natural burial ground has almost no floorspace, so the usual thresholds do not apply. The application stands or falls on hydrogeological risk, access and long-term management.

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Report Deep Dives8 min read

Viewpoint selection and photomontage in a TVIA

Viewpoints in a townscape assessment should be agreed with the authority before photography begins. Here is how to build the schedule, specify the camera work and present verified photomontages.

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Glossary7 min read

Predetermination and bias at planning committee

Predisposition is lawful and protected by statute. Predetermination is a closed mind, and it is a ground for quashing a committee decision in the Administrative Court.

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Report Deep Dives8 min read

Distributing and assigning trips in a Transport Assessment

Trip generation gives a number; distribution and assignment decide which junction feels it. Here are the evidence sources, the double counting trap and the audit trail a reviewer needs.

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Which Reports Do I Need8 min read

Which reports a marina pontoon extension needs

Where the works sit relative to the tidal limits decides which consents apply. Here is the document list for a berthing extension and how to run the regimes in parallel on shared evidence.

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Glossary8 min read

The Newbury tests for a valid planning condition

Invalidity is a stronger objection than unnecessary. Here are the three legal limbs for a planning condition, the categories that fail, and the routes for challenging one.

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Permitted Development8 min read

Class M: shops and takeaways to dwellinghouses

Part 3 Class M permits small retail and takeaway units to become dwellings and, unlike Class MA, allows the building operations needed to convert them. Here is how the limits and prior approval matters work.

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Refusals and Appeals8 min read

Advertisement refusals in an area of special control

Special control orders withdraw deemed consent for whole classes of advertisement and tighten the amenity test. Here is what survives, what evidence works and how the appeal runs.

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Project Type Guides9 min read

A new house on a corner plot subdivided from a garden

Side garden plots fail on two things: the loss of the open gap at a corner and inadequate amenity space for the original house. Here is how to set the boundary and evidence the case.

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Which Reports Do I Need8 min read

Which reports a hand car wash on a forecourt needs

Both a filling station and a car wash are sui generis, so permission is always needed. What decides the application is legacy contamination, trade effluent consent and noise from plant.

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Report Deep Dives7 min read

Selecting comparable sites in a TRICS trip rate query

The filters set at the start of a trip rate query govern the junction modelling, the parking case and the mitigation. Here is how to choose them and how to record the choice.

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Glossary7 min read

Lawful commencement: what counts as a material start

The list of material operations is short and generous, but a start made while a pre-commencement condition is unsatisfied does not implement the permission. Here is how to keep a consent alive properly.

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Planning Law Updates8 min read

Authority-wide design codes and what they bind

An authority-wide code in a local or supplementary plan carries development plan weight. The same drawings as guidance do not. Here is how the scales, status and conflicts work in practice.

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Permitted Development8 min read

Walls, fences and gates adjoining a highway

Boundary enclosures are permitted development up to one metre next to a vehicular highway and two metres elsewhere. Here is how the limits are measured, what alterations are allowed and where the class falls away.

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Refusals and Appeals7 min read

Committee overturns and how to appeal them

When members refuse against an officer recommendation, the authority's own assessment is already published. Here is how to use it, where the authority struggles, and when to appeal rather than resubmit.

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Project Type Guides8 min read

Using a garden office for a third party business

Working alone in a garden office needs no permission. Add an employee, a tenant or regular clients and the building may lose its permitted development right and the use may need consent.

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Which Reports Do I Need9 min read

Which reports a creche inside a hospital site needs

Whether childcare on a hospital campus needs permission turns on the planning unit. Here is the use class position and the play space, transport, air quality and noise evidence that follows.

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Report Deep Dives8 min read

Vertical sky component and no-sky line explained

Two tests decide most daylight objections from neighbours. Here is what each measures, how the 27 per cent and 0.8 times former value rules combine, and what a reviewer should interrogate.

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Glossary7 min read

What makes a structure a building for planning

Whether a pod, container or cabin is a building decides which consent you need. Here is the three-fold test the courts apply and what it means for garden structures and caravans.

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Planning Law Updates8 min read

Statutory metric versions and transitional application

Two ecologists running different metric versions on the same field produce different unit totals. Here is how to establish which version applies, record it properly and audit someone else's calculation.

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Permitted Development8 min read

Rooflights and roof alterations under Class C

A rooflight is permitted development on a house if it projects no more than 150 millimetres beyond the original roof plane and stays below the ridge. Here is how each limit is measured and what Class C leaves out.

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Scenario Walkthroughs7 min read

A log cabin sold as permitted development

Suppliers cannot grant planning permission. This illustrative walkthrough follows a garden cabin that breached Class E on three counts, through the enforcement enquiry to a conditioned retrospective permission.

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