GN26-17 Permitted Development Rights: Prior approval procedure (Court of Appeal decisions)

The Court of Appeal has provided clarification about the prior approval notification procedure and when permitted development may, or may not, be unlawful.  This guidance note summarises two judgements that are likely to be of interest to members who are considering using permitted development rights.

1.  In 2010, the Court of Appeal issued clarification about the prior approval notification procedure in the Murrell decision, and

2. The Court of Appeal judgement in Keenan clarified that even if a planning authority does not respond within the relevant time frame to a prior approval application, it does not make the development lawful if that development actually falls outside the conditions, limitations and exceptions set out in the relevant Part of the GPDO.

GN18-17 Solutions for problem heritage and heritage at risk in England and Wales

This Guidance Note is the only guidance on this subject written from the viewpoint of those who own and manage heritage.  It is an introduction to the widespread problem of managing heritage which is in decay, usually because the cost of repairing and/or re-using the building is much greater than any feasible economic return.  It also suggests what you can do if there are local authority or Historic England/Cadw repair or compulsory purchase initiatives on buildings you manage or own.

GN11-17 Livestock Worrying

Throughout the year and particularly at lambing time, the legal department receives a number of requests for advice on what action a livestock farmer can take when dogs worry their animals.

This note contains advice on reporting such incidents and sets out the circumstances in which the owner of a dog which worries livestock can be prosecuted or sued and considers the actions that the farmer can lawfully take to protect his stock.

GN10-17 Drones and Private Property 2017

Drones are becoming increasingly popular both for recreational use and for professional applications including surveillance and data gathering.  We anticipate that the drone industry is an area which is likely to continue to expand considerably over the coming years and that there is significant potential for this technology to benefit a wide variety of industries, not least in agriculture, saving time and increasing yields. 

GN08-17 Planning and Control of Advertisements - England and Wales

The display of advertisements is subject to a separate consent process within the Planning law.  This consent process is principally set out in the Town & Country Planning (Control of Advertisements) (England) Regulations 2007 (as amended) (the 2007 Regulations) which came into force on 6 April 2007.  The purpose of this Guidance Note is to provide outline advice only on advertisement control.

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