Planning Conditions
Flexibility in a time of uncertainty: what have we really learnt from Finney and what could it mean now?
The cost of justice: certainty?
Are the Courts starting to be more generous to Councils when they make mistakes when granting planning permission? The Court […]
Reserved Matters approval can be amended
In R (on the Application of Fulford Parish Council) v City of York Council [2019] EWCA Civ 1359 the Court […]
A reasoned approach
We look at a local planning authority’s duty to give reasons, in light of recent case. In September 2016, the […]
Update: When does a condition restricting use remove PD rights?
Last month we blogged on the High Court’s judgment in Dunnett, which refused to quash the Secretary of State decision […]
When does a condition restricting use remove PD rights?
Article 3(4) of the GPDO 2015 provides that permitted development (PD) rights will not apply if they are ‘contrary to any condition […]
The need for focus on conditions (and not descriptions) in Section 73 applications
The consequences of failing to restrict use by imposing a condition were highlighted in a recent appeal decision concerning a […]
Amalgamation of units still at risk
As we have noted previously, the Town and Country Planning Act 1990 (“TCPA”) is clear that the conversion of a […]
Vacant Building Credit – an own goal?
Vacant Building Credit (VBC) was re-introduced into the NPPG in May 2016 to less vocal opposition than it faced when […]
Improving the use of Planning Conditions?
Too many unnecessary and overly restrictive conditions are still routinely attached to planning permissions, driving up costs and impeding development. […]
The risk of flooding
A spate of major floods across the UK, warnings that global warming will lead to more frequent heavy rainfall events […]