Pre-application advice has become a common feature in the development process, with local planning authorities (LPAs) actively encouraging early engagement. But is it always worth the time and cost? The answer, as is often the case in planning, depends on a range of factors. The Case for Frontloading Paragraphs 40 to 44 of the National Planning Policy Framework (NPPF, December 2024) emphasise the value of "frontloading" the planning system. The government promotes early engag

In the world of permitted development rights (PDR), timing is everything. Especially under Class MA of the General Permitted Development Order (GPDO), which allows the conversion of Class E commercial premises to residential use, one crucial question repeatedly arises: when is a change of use considered lawfully “begun”? This matters because under Class MA, developers have just three years from the date of prior approval to complete the change of use. But what counts as “comp

Over the years, I’ve seen planning applications of every shape and size from modest house extensions to complex urban regeneration schemes. Some fly through the process with barely a hitch. Others get bogged down in delays, rejections, and frustration. The difference isn’t always the project itself. It’s often what happens before  the proposal is even submitted. So here’s what I tell every client before we press “go” — whether they’re a seasoned developer or a first-time appl

When preparing a Statement of Case for a planning appeal, it's vital to remember that the appeal will be determined on the same basis as the original application. This means the Inspector will assess the proposal in the context of the planning merits and the development plan, just as the local authority did. As such, the Statement of Case should not only address the specific reasons for refusal but should comprehensively set out why planning permission should be granted. This

A Court of Appeal ruling in Test Valley Borough Council v Fiske  [2024] EWCA Civ 1541 has provided significant clarification on the limitations of Section 73 of the Town and Country Planning Act 1990, which allows developers to apply for permission to vary or remove conditions associated with existing planning permissions. Section 73 applications cannot be used to make significant changes to the original permission Applying to vary conditions on planning permissions under S73

What is Pilkington? The Pilkington principle , arising from Pilkington v Secretary of State for the Environment  (1973), states that a planning permission becomes void if implementing it renders other existing permissions on the same site unachievable. It emphasises that development must remain consistent with earlier permissions unless revoked or varied. What does Hillside have to do with Pilkington? The Hillside judgement  ( Hillside Parks Ltd v Snowdonia National Park Auth

The Community Infrastructure Levy (CIL) Regulations 2010  (as amended) address the concept of "payment in kind" in Regulations 73, 73A, and 73B . These sections allow charging authorities (such as local planning authorities) to accept infrastructure or land as payment in lieu of some or all of a developer's CIL liability. Key provisions in the CIL Regulations 1. Can I pay CIL through land transfers? Yes, it is possible to pay the Community Infrastructure Levy (CIL) through la

The term "Grey Belt" in the National Planning Policy Framework (NPPF) refers to specific areas within the Green Belt that hold less significance in fulfilling the traditional purposes of the Green Belt. These purposes typically include checking unrestricted urban sprawl, preventing neighbouring towns from merging, safeguarding the countryside from encroachment, preserving the setting and special character of historic towns, and assisting in urban regeneration by encouraging t

A Brownfield Passport is a policy initiative aimed at streamlining the development of brownfield land—previously developed urban land that may be vacant, underutilised, or derelict. It provides a framework to make planning approvals for such sites more predictable and efficient, thereby encouraging their regeneration for housing, commercial, and infrastructure projects. The core idea is to establish clear, upfront parameters—such as acceptable uses, densities, and design crit