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Planning Law

I’ve heard of the 10 and 4-year rule in planning, what does it mean?

If you want to be certain that the existing use of a building is lawful for planning purposes, or that your proposed development does not require planning permission, you can apply for a Lawful Development Certificate. Due to the limitation periods that apply to these Certificates, you may also hav....

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What is a Section 106 Agreement?

You might come across this term in connection with planning permission for a new building development in your area, a proposed supermarket or a housing project for example. Section 106 Agreements, commonly referred to as ‘developer contributions’, are governed by the Town and Country Planning Ac....

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Section 106 and 278 Agreements – what you need to know

If you’re a developer or anybody who has to deal with planning law in their line of work, you’ll likely have heard of Section 106 and 278 Agreements. These two types of legal agreement are made between developers and local planning authorities. Both are key components in any successful devel....

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Your ultimate guide to planning enforcement notices

If you have previously made, or are in the process of making, alterations to your property, a planning enforcement notice could ruin everything. You might have to cease building works, spend money on modifying the property or – in the worst-case scenario – demolish all your hard work. In thi....

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New planning rules will help high streets “bounce back”

A relaxation of planning laws will “revitalise England’s cherished high streets and town centres”, the government has said. Conversion of commercial premises The new rules, introduced on 31 March and effected on 21 April 2021, will allow commercial premises to be converted into resi....

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Major reforms for ‘outdated’ planning system

Sweeping reforms proposed by the housing secretary, Robert Jenrick, are set to revolutionise the planning landscape in a ‘once in a generation’ shakeup. He says the proposed changes will speed up the construction of much-needed new homes. Critics say they will simply create a ‘generation of s....

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Want your own home office? Don’t forget these planning considerations

The coronavirus pandemic has caused a seismic shift in the way we live and work in just a few short months. Many businesses have realised that they can successfully work from home, while some are even thinking of shutting their offices permanently and asking their staff to work remotely full time. ....

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Surge in rural home conversions

Data from the Local Government Association (LGA) has revealed a big rise in the number of old farm buildings, particularly barns, being converted into single or multiple homes. A threefold rise since 2015 has brought more much-needed homes to the countryside and a useful long-term future for many h....

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I’ve been served with a section 215 notice, what do I need to do?

These notices are part of the provisions contained in the Town and Country Planning Act 1990, and give a local planning authority (LPA) power in certain circumstances to require that land or buildings are cleaned up or repaired if they consider their condition adversely affects the amenity of the a....

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How do Section 278 Agreements work?

Highway infrastructure is often a critical component of any proposed new housing development, and these agreements, which form part of the Highways Act 1980, are used to make changes to an existing public highway. The need for highway agreements is often identified within a Section 106 Agreement o....

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The Raynsford Review of Planning – is a radical new planning system on the horizon?

June saw the publication of the interim report from former Labour Housing and Planning Minister Nick Raynsford’s planning review. He has had some forthright things to say about the state of planning in England, talking of “deeply demoralised” staff who work in a system where “there’s an ov....

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Neighbourhood plans v housing – site selection issues in Theydon Bois

The Localism Act 2011 gave communities an unprecedented opportunity to have their say about future development in their local area, allowing them to play a part in selecting sites for housing development. These proposals are then incorporated into a local plan. Much has changed since 2011; the UK....

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How the findings of the Letwin review highlighted key issues and dispelled market myths

Originally announced in last year’s Autumn Budget, late June saw the publication of the findings of a review undertaken by Sir Oliver Letwin into why hundreds of thousands of homes have yet to be built despite having planning permission. It was conducted in two phases, with Phase One involving ....

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Newsletter – Summer 2018 – Town and Country Planning

The latest edition of our Town and Country Planning Summer Newsletter has been released today. Please click on the link to view. https://attwatersjamesonhill.co.uk/eshot/attwaters-summer-newsletter.pdf                  ....

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Government consultation unveiled into banning use of combustible cladding materials

In recent days, an important consultation has been opened by the UK Housing Secretary which will look into banning the use of ‘combustible’ cladding materials on high-rise residential buildings. The consultation, which comes little over a year on from the Grenfell Tower tragedy, sets out to e....

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New powers for councils could deliver “tens of thousands of new homes”

Important new powers granted to local authorities could enable them to deliver “tens of thousands of new homes” in the near future, the Government has said. The comments come after Housing Minister Dominic Raab unveiled a series of new powers for councils, which will enable them to apply to s....

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NPPF should not impose ‘undeliverable’ housing targets on councils

The National Planning Policy Framework (NPPF) must not impose ‘undeliverable’ housing targets on local councils, the Local Government Association (LGA) has warned. In a letter in response to the Government’s NPPF consultation penned in recent days, the LGA has voiced concerns over the NPPF....

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Calls for new authority to oversee fire safety risk of HRRBs

A new joint competent authority (JCA) should be set up to oversee the fire safety and other risks associated with buildings more than 10 storeys in height, it has been said. The comments feature in Dame Judith Hackitt’s final report into fire safety for high-risk residential buildings (HRRBs), ....

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“Vital” changes needed to NPPF, groups claim

The National Planning Policy Framework (NPPF) requires a number of “vital” improvements in order to be to truly fit for purpose, a number of organisations have said. In a joint letter penned to the Government, planning professionals, transport authorities, charities and various other groups h....

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Access to transport suffers as only half of new homes are built near to a train station

Only half of the new homes being built in England’s fastest growing cities are sited within 2km of a train station. That is according to a recently published report. The Royal Town Planning Institute’s (RTPI) study looks at the locations for new homes in cities such as Leeds, Newcastle and Br....

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