Transferring planning use in routine development

Abstract

This commentary analyses how the decision of 13 April 2016 addresses the possibility of transferring a planning use when the land under consideration is part of an area subject to a plot redivision process or routine development. In such cases, open acceptance is not considered an option; or, more accurately, acceptance is an option only in those cases where, under the applicable legislation itself, the conditions are met for accepting ex ante that the planning use exists separately from the land, with full legal effect. In all other cases, a transfer of planning use is understood to be joined inseparably to the transfer of the land on which that planning use is derived.