Articles – page 31

9590 articles
Commercial Occupiers7 min read

Trade waste storage and bin stores for a commercial unit

You can argue about use class. You cannot argue a 1,100 litre bin into a 900 millimetre passage. How to size, site and evidence a trade waste store that gets through validation.

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Refusals and Appeals7 min read

Taking apart a reason for refusal

A refusal notice is a set of separate claims, not a verdict. Split each reason into facts, judgement, policy and evidence gaps, and the route between appeal and resubmission chooses itself.

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Planning Process7 min read

Call-in by the Secretary of State under section 77

Call-in moves the decision to the Secretary of State and almost always means an inquiry. What the published policy covers, how holding directions work, and what to tell a client.

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Viability, Obligations and Commercial8 min read

Benchmark land value and the existing use value approach

The benchmark is the comparator that decides whether a scheme can carry policy obligations. Existing use value plus a premium, the evidence it needs, and the errors that lose the argument.

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Fire, Structural and Basements8 min read

Basement light wells, guarding and usable amenity

A light well that satisfies falls protection can starve the room of daylight, and a sump is a single point of failure. How to resolve the four requirements as one design.

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Energy, Sustainability and Carbon7 min read

Structuring an energy statement to the Be Seen stage

Be seen requires reported performance data for at least five years of operation. The metering strategy, the three reporting stages and how to secure a commitment that outlives the applicant.

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Heritage and Archaeology8 min read

Historic graveyard walls, monuments and access works

A churchyard can hold listed monuments, curtilage-listed walls, a scheduled feature and conservation area controls at once, with faculty jurisdiction over most of it. How to sequence the permissions.

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Commercial Occupiers7 min read

Occupying a unit with no established lawful use

Whether your intended trade needs permission depends entirely on the unit's existing lawful use. Where there is no planning history, the evidence has to be built before you sign.

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Refusals and Appeals7 min read

What a planning inquiry actually costs to run

Sitting days drive every other line in an inquiry budget. How advocacy, witnesses, case management and event costs behave, and the issues to close before committing.

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Planning Process7 min read

Publicising an environmental statement and its response period

An environmental statement triggers its own publicity regime under the EIA Regulations 2017, with a 30 day minimum for representations and a second round if further information is required.

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Seasonal Calendar8 min read

Air quality monitoring periods and the data a council expects

Air quality objectives are annual means, so a short monitoring run has to be annualised before it means anything. The periods, the adjustments and the scoping letter that prevents a resubmission.

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Viability, Obligations and Commercial7 min read

Clawback and overage clauses in affordable housing deals

A reduced affordable housing offer usually comes with a review mechanism in the section 106 agreement. Developer exposure turns on the trigger definitions, the surplus formula and whether the clause is capped.

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Fire, Structural and Basements8 min read

Structural movement in a listed building and the repair schedule

A crack that stopped moving in 1890 needs recording, not underpinning. How to diagnose movement in a listed building, monitor it properly, and write a repair schedule a conservation officer will consent.

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Energy, Sustainability and Carbon7 min read

Part L 2021 fuel factors and the energy statement baseline

The Part L baseline is the notional dwelling, not a percentage. Current SAP factors favour electric heating on carbon and penalise it on primary energy, which changes what an energy statement has to prove.

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Heritage and Archaeology7 min read

Milestones, pumps and street furniture as heritage assets

A milestone or a village pump can be a listed building in law, and most damage to them happens during routine highway work rather than development. What the law protects and how to report harm.

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Commercial Occupiers7 min read

Using Part 4 temporary rights for a pop-up in a vacant unit

Part 4 of Schedule 2 to the GPDO 2015 can let a short occupation of a vacant unit run without an application. The limits sit in the day counting and the excluded uses.

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Refusals and Appeals7 min read

Arguing the presumption in favour of sustainable development

The tilted balance only helps if you prove the trigger and then show the harm does not clear the raised threshold. A practitioner's sequence for building that case on evidence.

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Planning Process8 min read

Completing a section 106 agreement before the decision

Councils cannot issue a permission until the planning obligation is completed as a deed. Here is what sits on the critical path, from title problems to trigger drafting, and where a condition does the job instead.

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Seasonal Calendar7 min read

Three year permissions and lawful commencement before winter

A lawful start means a material operation after every pre-start condition is discharged. Winter adds survey seasons, wet ground and frost to the programme.

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Fire, Structural and Basements8 min read

Retaining walls on a site boundary and who approves them

A boundary retaining wall often needs planning permission, highway authority consent and a party wall notice, and nobody checks the structure unless you ask.

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Energy, Sustainability and Carbon7 min read

Phasing energy and carbon obligations on a large site

Fix infrastructure and methodology at outline, then tie each phase to the standard in force when it is designed. Offset payments belong phase by phase.

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Heritage and Archaeology7 min read

Sample panel conditions and how to clear them

A materials panel is judged against the existing wall in daylight. Mortar sand and joint finish decide most outcomes, and sourcing time decides the programme.

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Viability, Obligations and Commercial7 min read

Existing use value of a tenanted building in an appraisal

Existing use value for a tenanted building is an investment valuation, not a vacant possession figure. Passing rent, the 1954 Act and section 18(1) all bite.

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Commercial Occupiers7 min read

Inserting a mezzanine floor in a commercial unit

Internal works are not development, except for retail mezzanines above 200 square metres. Parking standards, levy liability and escape design apply either way.

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