Articles – page 38

9578 articles
Viability, Obligations and Commercial7 min read

Pre-application charging: what a fee band includes

Pre-application advice is a discretionary service charged under section 93 of the Local Government Act 2003, and income cannot exceed the cost of providing it. Read the published schedule before you budget.

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Fire, Structural and Basements7 min read

Party wall risk on a basement dig

A basement dig almost always triggers an adjacent excavation notice, and the party wall process runs alongside planning rather than inside it. Serve early and record the neighbour's house before you start.

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Daylight, Sunlight and Amenity7 min read

Daylight to commercial and retail frontages

Shops are assumed to be artificially lit, so daylight loss to a frontage attracts little planning weight. Offices and workrooms are different, and rights of light run on a track of their own.

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Flood, Drainage and SuDS7 min read

Flood resilience for a basement conversion

A basement bedroom is highly vulnerable development, which rules it out of Flood Zone 3a and puts it through the Exception Test in Zone 2. The engineering follows from that, starting with where the water comes from.

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Permitted Development8 min read

Agricultural units: what Part 6 means by a unit

Part 6 of the GPDO splits agricultural permitted development at five hectares, measured across the unit in occupation rather than the field you want to build on. Occupation, not ownership, decides it.

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Residential Scale Thresholds7 min read

Vacant building credit against the ten unit threshold

The vacant building credit offsets affordable housing contributions by the floorspace of a vacant building. It does not shrink your unit count, and it will not rescue a building the council treats as abandoned.

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Planning Process7 min read

Evidence standards for a certificate of existing lawful use

A section 191 certificate turns on evidence, not merits. The applicant carries the burden on the balance of probabilities, and precise unambiguous documents beat a thick bundle of vague ones.

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Glossary7 min read

Temporary stop notices and what they can require

A temporary stop notice bites immediately, cannot be appealed, and runs only for the period written on its face. Here is what one can and cannot prohibit, and what to do in the first two days.

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Planning Process8 min read

Advertisement consent: deemed consent and express consent

Advertisement control is a separate consent system, and the council can consider only amenity and public safety. Stay inside the class limits and no application is needed.

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AI and Planning7 min read

Drafted reports and the public sector equality duty

No document an applicant submits discharges the public sector equality duty. Your job is to give the authority the facts it needs to do its own assessment.

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Heritage and Archaeology7 min read

Article 4 directions in conservation areas and their effect

A direction does not ban the work. It removes the automatic permission, so the council decides. Applications needed only because of a direction carry no fee.

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Viability, Obligations and Commercial7 min read

Challenging a levy demand: reviews and appeals

The chargeable amount is fixed by the liability notice and the clock runs from its date. Starting work on site closes the appeal routes that matter most.

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Fire, Structural and Basements7 min read

Lightwells, flooding and the drainage interaction

Cut a deep void into a garden that slopes towards the house and you have made a sump. The drainage design matters more than the glazing.

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Daylight, Sunlight and Amenity7 min read

Daylight in classrooms and school extensions

A deep classroom with glazing on one wall gives the back row a fraction of the light and the front row the glare. Uniformity matters as much as quantity.

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Flood, Drainage and SuDS7 min read

The second limb of the flood exception test

Applicants argue the sustainability limb and lose on the safety limb. The Environment Agency tests the second one number by number.

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Permitted Development7 min read

Part 3 Class G: creating a flat above a shop

Class G turns a shop into a mixed use with up to two flats above, without a prior approval application. The access door is usually the part that needs permission.

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Residential Scale Thresholds7 min read

The 0.5 hectare trigger on an outline application

An outline application for housing with no number stated on a 0.6 hectare site is major by area. Writing up to nine dwellings in the description avoids it.

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Planning Process7 min read

Stopping up a public right of way for a development

A public right of way can only be removed or moved by a statutory order, made by a different body on a different timetable from the planning permission.

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Which Reports Do I Need7 min read

Reports for a small-scale data centre

Two issues decide a small data centre application: plant noise against a low nighttime background, and whether the electrical connection actually exists.

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AI and Planning7 min read

Reading a drafted planning balance critically

Section 38(6) asks you to weigh, decide and say so. Drafts are good at retrieving policy and poor at attributing weight, which is exactly where to edit.

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Viability, Obligations and Commercial8 min read

Section 278 agreements and how they differ from section 106

A section 106 obligation often requires you to enter a section 278 agreement, which is why the two get confused. Different counterparties, different money.

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Heritage and Archaeology7 min read

Building near a World Heritage Site buffer zone

A scheme outside the buffer zone can still harm outstanding universal value through a view. Read the statement of inscription before you read the constraint map.

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Fire, Structural and Basements7 min read

Buildings over railways and tunnels: structural safeguarding

The council decides the application and the infrastructure owner sets the movement limits. A permission without an asset protection agreement is not buildable.

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Daylight, Sunlight and Amenity7 min read

Average daylight factor against climate-based modelling

ADF gives one percentage per room under a uniform overcast sky. Climate-based modelling simulates every daylight hour of the year. Policy decides which you need.

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