There is a strict process that must be followed to comply with the Community Infrastructure Levy (“CIL”) regime and if this process is not followed to the letter, then you could end up paying the price in surcharges and/or the loss of a previously applicable exemption or relief.

Section 73 of the Town and Country Planning Act 1990 (the “1990 Act”) can be an extremely useful tool to developers, enabling them to seek variations to a planning permission without the need to submit a new full planning application. However, the scope of variations permitted under Section 73 is limited and has been widely discussed by the courts since it came into force.

In an appeal determined in August 2023 the Planning Inspector considered whether the use of a former Oast house had been abandoned. The appeal against the refusal to grant planning permission for the repair and reinstatement of the four kiln former Oast house was dismissed.

Biodiversity Net Gain (“BNG”) in the context of planning and development is the principle that development of land should leave the natural environment of those sites in a measurably better state than they were prior to the development taking place.

On 30th June the High Court handed down its judgment dismissing the claim brought by developer, CG Fry Limited, challenging a planning inspector’s refusal to discharge conditions because an appropriate assessment under the Conservation of Habitats and Species Regulations 2017 (“The Habitats Regulations”) had not been carried out. 

In a recent planning appeal, an Inspector upheld an enforcement notice which required the demolition of a dwelling that had been constructed 7 years earlier. 

In a recent decision, the Upper Tribunal (Lands Chamber) ruled that an agreement for the mooring of a houseboat was protected by the Mobile Homes Act 1983.

A Section 106 Agreement is an agreement used to secure planning obligations in connection with a planning permission.

Once your planning permission has been granted, you will need to implement it within the relevant time limits, otherwise it will expire. If your planning permission expires you won’t be able to proceed with your proposed development, and will need to re-applying for a new planning permission. 

If you have submitted a planning application and been told by the Local Planning Authority that a Section 106 Agreement will need to be completed before planning permission is granted you may be wondering what this means. 

Planning applications can take several months, if not years, to be decided and during that time it is commonplace for the proposed scheme to be altered especially so in the case of a large development.

Erecting a shed or an outbuilding on land within the curtilage of your house does not require planning permission.