Articles – page 257

9147 articles
Glossary6 min read

Purchase notices when land becomes incapable of use

The purchase notice test compares the land with its existing state, not with its value had permission been granted, which is why most notices fail at the first hurdle.

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Seasonal Calendar6 min read

Survey programme for a spring start on site

Ecological survey windows are the fixed points in any planning programme. Missing one costs a year, so the appraisal that identifies them should be done in winter.

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Neighbours, Objections and Community6 min read

Objecting to an advertisement consent application

Councils may consider only amenity and public safety when deciding advertisement consent, so objections about content, competition or the applicant go nowhere.

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Constraints and Designations6 min read

Habitats sites: SAC, SPA and Ramsar in planning

Where a habitats site may be affected, the council must conclude there is no adverse effect on integrity. That is not a balance, which is why these schemes stall.

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Use Classes and Change of Use6 min read

Protecting a pub: community value and use class

Planning law decides whether a pub may lawfully become something else. Asset of community value listing only buys a community group time to raise the money.

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Permitted Development6 min read

Solar panels and the 200 millimetre projection limit

Class A of Part 14 allows domestic solar without permission, subject to a 0.2 metre projection limit that tilted frames on flat roofs almost always exceed.

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Costs, Fees and Budgeting6 min read

The cost of putting retrospective development right

The fee for a retrospective application is the ordinary one, but the concessions fall away and a lost levy exemption can cost more than everything else combined.

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Templates, Checklists and Examples6 min read

Drainage strategy for a minor residential scheme

On schemes under ten dwellings the lead local flood authority is not a statutory consultee, so the drainage strategy has to convince a case officer on its own.

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Project Type Guides6 min read

Permission for a car showroom and vehicle sales

A car showroom needs permission for the building and separately for the land cars stand on, and forecourt lighting and transporter deliveries decide most applications.

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Which Reports Do I Need6 min read

Which reports a pub to residential conversion needs

Pub conversions are refused on marketing and viability evidence far more often than on technical grounds, and permitted development rights were removed in 2017.

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Glossary6 min read

Optimum viable use for a historic building

The optimum viable use of a listed building is the least harmful option among those that can sustain it, which makes the options appraisal the document that decides the case.

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Seasonal Calendar6 min read

Pre-application advice queues and the new financial year

Council pre-application charges and service targets are set annually and usually change around 1 April, which makes the timing of a request a programming decision.

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Neighbours, Objections and Community6 min read

Objecting to purpose built student accommodation

Objections to purpose built student accommodation succeed on effects rather than occupiers. Daylight, parking at term time, management and policy loss are where the weight lies.

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Constraints and Designations6 min read

Development near a site of special scientific interest

The practical constraint around an SSSI is the impact risk zone rather than the notified boundary, and air quality and water zones can extend for kilometres.

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Use Classes and Change of Use6 min read

Turning a shop into a hot food takeaway

Hot food takeaways left the use classes in 2020, so every change from a shop needs permission, and the application is decided on the flue route as much as on policy.

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Permitted Development6 min read

Farm development on units of less than five hectares

On an agricultural unit between 0.4 and five hectares, Class B permits extensions, hard surfaces, private ways and plant, but never the erection of a new building.

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Costs, Fees and Budgeting6 min read

How costs awards at appeal are assessed and paid

Costs at appeal follow unreasonable behaviour rather than the outcome. The decision sets entitlement only, and the sum is then agreed between the parties or assessed by the court.

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Templates, Checklists and Examples6 min read

Viability appraisal inputs: a schedule to agree first

Most viability disputes are arguments about assumptions. Settle benchmark land value, sales values, costs, abnormals and return in a written schedule before the appraisal is run.

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Project Type Guides7 min read

Permission for a poultry unit and its EIA screening

Bird numbers and new floorspace decide whether a poultry unit needs an environmental statement, and ammonia deposition on nearby habitats usually decides the application.

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Which Reports Do I Need7 min read

Which reports a day nursery in a residential street needs

Converting a house to a day nursery needs permission, and the application turns on outdoor play noise and the short drop-off peak rather than on floorspace.

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Glossary7 min read

Material change of use under section 55

A change of use needs planning permission only if it is material, and materiality turns on the character of the use rather than the occupier or the trading name.

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Costs, Fees and Budgeting6 min read

The self-build CIL exemption and the forms to file

The self-build exemption is worth tens of thousands and is lost more often than any other relief, almost always because a form went in late or in the wrong order.

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Which Reports Do I Need7 min read

Which reports a 12 flat brownfield scheme needs

Twelve flats behaves like a large scheme. Here is what crossing the ten unit major threshold adds to the evidence base on a brownfield site, document by document.

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Templates, Checklists and Examples6 min read

Design and access statement for a barn conversion

A rural conversion statement has one argument to make: that the building can become a house without ceasing to be a barn. Here is how to structure it, section by section.

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