Articles – page 242

9175 articles
Glossary8 min read

Screening opinion: when a scheme needs an EIA

A screening opinion decides whether a proposal needs an Environmental Statement. It is free, takes three weeks and settles the largest unknown in a major application budget.

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Comparisons6 min read

Transport statement or travel plan: which is needed

One is evidence submitted with the application, the other a commitment secured by condition or obligation and monitored for years. Most schemes above the small end need both, in the right order.

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Refusals and Appeals6 min read

Rule 6 party status at an inquiry and what it commits you to

Rule 6 status gives an objector the right to cross examine, and imposes a statement of case, a fixed timetable and costs exposure. Here is what it takes and when to stay an interested party.

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Glossary6 min read

Grampian condition

A negatively worded condition stops a permission being implemented until off site works are done. Here is how the device works, how it is worded and what to check before buying a consented site.

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Planning Law Updates6 min read

Local plan reform and the thirty month plan making timetable

The reformed plan making process targets thirty months, introduces gateway assessments during preparation and moves generic policy into a national set. Check what is actually in force first.

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Professionals and Qualifications6 min read

RICS registered valuers and viability appraisals

Viability work is governed by a mandatory RICS professional statement requiring objectivity whoever instructs. Here is what registration means, how the council's review works and how to survive it.

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Transport, Highways and Parking6 min read

Speed surveys and the 85th percentile in access design

The y distance for an access comes from the measured 85th percentile speed, by direction, at a representative location. Commission the survey before the access position is fixed.

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Viability, Obligations and Commercial6 min read

Do section 106 obligations carry over to a section 73 permission

A section 73 grant is a new permission, and an older section 106 agreement often fails to bind it. Read the definitions clause, then budget for the supplemental deed that follows.

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Fire, Structural and Basements6 min read

Structural surveys for conversions above shops

Converting upper floors over a shop is decided by headroom, floor condition and the cost of separating construction. Here is what to put in the survey brief and how to price from the answer.

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Energy, Sustainability and Carbon6 min read

Sustainability statement or energy statement: what differs

Councils ask for both because their local plans contain separate policies. The energy statement owns the carbon calculation; the sustainability statement owns everything else and cross references it.

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Data Tools How-To6 min read

Finding and using appeal decisions on a topic

The appeals portal finds cases by reference, not by issue. Here are four techniques that work, how to read a decision letter for its reasoning, and how to cite one without overstating it.

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Commercial Occupiers7 min read

Wedding and events venues in rural buildings

Permission for a rural events venue turns on the event cap and the music curfew. Here is how to build the noise, traffic, parking and drainage case that makes those numbers workable.

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Comparisons6 min read

Planning appeal or judicial review after a refusal

A section 78 appeal asks whether the scheme should be permitted. A court asks whether the decision was lawfully made. The deadlines, the costs and the remedies are entirely different.

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Costs, Fees and Budgeting6 min read

Survey seasons and the cost of missing an ecology window

The real cost of an ecology survey window is the eleven months a scheme waits for it to reopen. Here are the windows that matter, the interim options that work, and how to sequence a year of survey work.

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Refusals and Appeals6 min read

The householder appeal service and its 12 week deadline

Householder appeals run on a stripped back written procedure with a 12 week deadline and a single submission. Here is what qualifies, what you can send and when the standard route suits better.

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Planning Law Updates6 min read

Part O overheating: what the 2021 amendment introduced

Part O asks new residential buildings to limit solar gains and remove excess heat. It is a building regulations requirement, yet almost every mitigation it points to is fixed on the planning drawings.

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Professionals and Qualifications6 min read

Arboricultural competence and the BS 5837 survey author

Arboriculture is unregulated, so the credentials of a BS 5837 survey author are worth checking before you commission. Here is what the standard produces and what to look for in the report.

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Transport, Highways and Parking6 min read

Trunk road accesses and when National Highways objects

On a site fronting a trunk road, National Highways can require refusal, require conditions or hold the application. Here is what it assesses and how to manage the response.

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Viability, Obligations and Commercial7 min read

When an inspector reopens viability at appeal

Viability appeals turn on a handful of inputs, and benchmark land value is usually the biggest. Here is how inspectors test the figures and how to narrow the dispute before the hearing.

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Fire, Structural and Basements7 min read

Gateway One consultation: what the regulator asks

Planning Gateway One brings the Health and Safety Executive in as a statutory consultee on relevant buildings. It reviews the fire safety matters planning can control, and it advises rather than approves.

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Energy, Sustainability and Carbon6 min read

Substation, capacity and the grid connection question

Grid capacity now sets the phasing of more schemes than drainage does. Ask the distribution network operator the capacity question before the layout is drawn, and put the substation in the application.

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Data Tools How-To6 min read

Finding the local validation checklist for an authority

Every English authority publishes a local list of information requirements alongside the national list in the Development Management Procedure Order. Here is where to find it, how to date it and how to argue with it.

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Commercial Occupiers7 min read

Adult gaming centres and amusement arcades in planning

Gaming centres sit outside every use class, so a former shop needs a full change of use application. The gambling premises licence runs separately, and by statute neither authority may consider the other.

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Comparisons7 min read

Section 73 or section 96A: choosing the right route

Section 73 creates a new planning permission; section 96A amends the one you hold. The difference decides your fee, your timescale, your appeal rights and what happens to the section 106 agreement.

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