Articles – page 269

9125 articles
Refusals and Appeals7 min read

Non-determination appeals and when they actually help

Appealing against non determination ends the negotiation and hands the scheme to an inspector. When that is the right move, and when it costs you months.

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Report Deep Dives7 min read

The planning history section of a planning statement

The planning history section tells the case officer what has already been decided about the land. Here is how to build it from the register and present it.

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Householder Extensions and Conversions8 min read

Subservience in a two storey side extension

A first floor takes a side extension outside Class A permitted development, so the rules that decide it are design tests. Here is how subservience is judged.

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Costs, Fees and Budgeting6 min read

The free go: resubmitting a refused application free

One further application of the same character on the same site by the same applicant within 12 months avoids the planning fee. The conditions are applied strictly.

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Report Deep Dives6 min read

Writing the sequential test section inside an FRA

The sequential test decides whether the rest of an FRA matters. Agree the area of search first, then record every site considered and why it was discounted.

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Householder Extensions and Conversions7 min read

The 45 degree rule and a rear extension

The 45 degree rule is council guidance, not national policy. It screens for amenity harm, and it is a different test from the BRE 209 daylight checks.

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Neighbours, Objections and Community7 min read

Community consultation on a neighbourhood plan

Regulation 14 is the stage where a neighbourhood plan can still change. By regulation 16 the text is largely fixed and heading for examination.

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Fire, Structural and Basements7 min read

Underpinning a party wall under the 1996 Act

Section 2 covers underpinning a party structure and section 6 covers nearby excavation. The notice periods differ, and the sequence decides the programme.

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Daylight, Sunlight and Amenity6 min read

Rear extensions and overshadowing in dense terraces

In a narrow terraced plot, depth, flank wall height and the distance to a neighbour's window decide the case. Orientation decides how much any of it matters.

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Viability, Obligations and Commercial6 min read

The Infrastructure Levy: what is enacted and what is not

The Levelling-up and Regeneration Act 2023 contains Infrastructure Levy powers that have not been brought into force. Budget on the current regime.

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Scenario Walkthroughs6 min read

Walkthrough: shop to hot food takeaway change of use

A hot food takeaway is sui generis, so no permitted development route exists. This illustrative case follows the extraction, noise and parking evidence.

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Wales, Scotland and Northern Ireland6 min read

Flood risk under NPF4 in Scotland and the avoidance principle

Scotland applies avoidance rather than sequential and exception tests. NPF4 asks whether development should be in a flood risk area at all.

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Householder Extensions and Conversions7 min read

Basement extensions under an existing house

Digging out under a house usually needs permission once a lightwell or serious engineering is involved. Local basement policies then decide the rest.

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Neighbours, Objections and Community6 min read

What happens to your objection after the decision

Every representation is read, summarised and published. None of them votes. Here is how comments are actually used and what to do after the decision.

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Fire, Structural and Basements7 min read

Fire strategy for a residential block above commercial units

Flats above shops means two fire strategies in one structure. Separate escape, a hard compartment boundary and coordinated risers decide the ground floor plan.

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Daylight, Sunlight and Amenity6 min read

The mirror image baseline and existing obstructions

Daylight results are ratios, so the baseline decides the answer. Here is when a cleared site, a consented scheme or a mirror image is the right comparator.

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Viability, Obligations and Commercial7 min read

Overage clauses and review mechanisms in a section 106

Review mechanisms let a council recapture surplus above the appraised position. Nothing in statute creates one, so the definitions in the agreement decide everything.

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Scenario Walkthroughs7 min read

Walkthrough: nine dwellings on an edge of settlement paddock

Nine dwellings sits below the major thresholds but still needs biodiversity net gain, seasonal ecology surveys and a drainage strategy. An illustrative sequence.

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Wales, Scotland and Northern Ireland7 min read

Certificates of lawfulness in Scotland

Scotland keeps a four year and ten year structure for immunity. Here is what each certificate covers, what evidence proves a case, and how appeals work.

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Householder Extensions and Conversions7 min read

Rear extension depth limits and the larger home right

Class A allows 3 m for a semi or terrace and 4 m for a detached house, with deeper extensions possible through prior approval and neighbour consultation.

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Neighbours, Objections and Community7 min read

Reporting a breach of condition on a building site

Quote the application reference, name the condition and show dated evidence of harm. Enforcement is discretionary, so a complaint that describes harm gets further than one that describes annoyance.

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Fire, Structural and Basements7 min read

Balconies, external walls and fire spread

A balcony attached to an external wall is a specified attachment under the Building Regulations. On relevant buildings that decides the decking, the soffit and the elevation.

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Daylight, Sunlight and Amenity6 min read

Room use assumptions and how they change results

Before any daylight figure is calculated, the assessor has decided which rooms count and what they are used for. Those assumptions often decide the result.

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Viability, Obligations and Commercial7 min read

The vacant building credit and why councils resist it

National guidance offers a credit for existing vacant floorspace against affordable housing. Whether it applies turns on vacancy, abandonment and how the vacancy arose.

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