The current test for determining applications is “the determination must be made in accordance with the plan unless material considerations indicate otherwise” (S38(6) of the Planning and Compulsory Purchase Act 2004. The test will be changed, by section 83 (2) of the bill which states: “the determination must be made in accordance with the development plan and any national development management policies, unless material considerations strongly indicate otherwise.” The bill also ad ..read more

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As we are making resolutions and preparing for the year to come, while waiting for the government’s response to the consultation on the August 2020 “Planning for the Future” white paper it is time to look back at 2021 and ask: What happened in the world of planning in 2021? In September, with the cabinet re-shuffle, the Ministry of Housing, Communities & Local Government became the Department for Levelling Up, Housing and Communities, and Michael Gove MP replaced Robert Jenricks MP and is ..read more

After years of drafting, examination by the Planning Inspectorate and a year of negotiations with the Secretary of State, the Mayor of London has finally adopted the new London Plan 2021 March 2nd (2021). It is worth noting, the final adoption is only two months ahead of the London Mayoral election to select the new London Mayor (delayed by one year).  The New London Plan sets the Mayor’s strategic vision for the growth of London for the next 20-25 years.  The main changes to th ..read more

Planning permission is required for the carrying out on land of any development (Section 57(1) of the TCPA 1990). Development is defined as the "carrying out of building, engineering, mining or other operations in, on, over or under the land, or the making of any material change in the use of any buildings or other land" (Section 55(1) of the TCPA 1990).  As a general rule, planning permission is not required for internal works to a building. Section 55(3) of the TCPA 1990 also specifically ..read more

Following the many announcement by the Housing Minister in the last few weeks (posted here), a summary of the new permitted development rights that have been created and when they will come into effect: Came into force 1st August 2020 Construction of up to two storeys of flats above purpose-built blocks of flats built between 1948 and 2018 under the newly created PART 20, Class A (New dwellinghouses on detached blocks of flats).  For more information click here.  To come ..read more

Following the June 2020 announcement that purpose-built blocks of flats will be able to extend upwards without applying for planning permission (insert link to News flash: Permitted Development Rights allowing two-storey upwards extensions June 25, 2020) the government published a new round of new permitted development rights set out in The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2020.  The first of those permitted rights ..read more

It is probably safe to say these are most significant changes to the planning regulations in this round of amendments. The forthcoming government white paper will give us and indication as to for how long.   As part of the many changes to planning system announced by the housing minister Christopher Pincher, a reshuffle of the commercial use classes has been announced to allow for more flexibility and greater adaptability of our high streets. The new use class detailed below will come into ..read more

News courtesy of planning resource via the housing minister Christopher Pincher, upwards extensions to purpose built detached flats are now permitted albeit via the Prior Approval process.  Though this is welcome news to allow for less interference in proposals to sensibly increase density in urban areas, the reality is a number of conditions that will preclude many. Notably:  1. Conservation Areas excluded.  2. Pre-1948 blocks excluded.  3. Recent Change of Use blocks exclud ..read more

Coronavirus has hit everyone and the current “lockdown” is going to continue for some time. Most people are working from home or are furloughed and this is no different for most Local Authority planning officers. Some restaurants are diversifying to offer delivery services where they can.  Coronavirus is a huge challenge for local government and impacts the planning system in a number of ways. Some planning officers are being considered “key workers” and some are being redeployed in ..read more