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Planning Law and Practice

David Travers, Noemi Byrd, Giles Atkinson

ISBN13: 9780854901159

Published: April 2013

Publisher: Wildy, Simmonds and Hill Publishing

Country of Publication: UK

Format: Paperback

Price: Out of print

Planning Law and Practice is a clear, comprehensive and up-to-date guide to Town and Country Planning Law providing an overview of the planning system and the latest policy and legislative changes including the impact of the National Planning Policy Framework.

The book summarises the core legal principles applicable to each stage of the planning process and is divided into six chapters covering the following main topics:-

Planning in England and Wales: an overview of the planning system, its organisation and purpose
Is planning permission required? identifying permitted development, understanding operational development and material change of use, applying for Certificates of Lawfulness for Proposed Use and for Existing Use
Applications for planning permission: understanding Applications for planning permission: understanding the Local Development Plan, development in specially protected areas, the pre-application process, the form and content of applications, retrospective applications
How planning applications are determined: the Local Planning Authority’s process from delegated decision-making to Committee decisions, Environmental Impact, Development Plan policies, supplementary planning guidance and material considerations, Planning Obligations (Community Infrastructure Levy and Unilateral Undertakings), Personal circumstances and private interests
The grant of planning permission: duration and effect of planning permissions, conditions and how they operate, how public rights of way affect grants of planning permission, the need for listed building consent, planning permission and interference with private rights (nuisance)
When planning permission is refused: When and how to appeal to the Secretary of State, the written representation procedure, Hearings, preparation for and appearance at Public Inquiries, the role of community groups, hearing and inquiry costs and how to avoid them, subsequent appeals to the High Court

Planning Law and Practice will provide the non-specialist practitioner with a reliable and comprehensive map for navigating the planning system. It seeks to highlight the main issues and potential pitfalls, giving up- to- date case commentary where useful. This book will be of interest to solicitors, barristers, legal executives, local government legal officers and planning officers.

Subjects:: Local Government Law, Planning Law, Wildy, Simmonds and Hill

Contents:: Foreword; 1. Overview of the Planning System of England and Wales; 1.1 Brief history of the major planning Acts; 1.2 Town and Country Planning Act 1947; 1.3 Town and Country Planning Act 1990; 1.4 Planning and Compulsory Purchase Act 2004; 1.5 Planning Act 2008; 1.6 Localism Act 2011; 1.7 How the planning system is organised; 1.7.1 Secretary of State Plan-making; 1.7.2 Powers since 2004; 1.7.3 Secretary of State’s intervention; 1.8 Appeals; 1.8.1 Called in applications; 1.8.2 Policy guidance; 1.9 Local planning authorities; 1.9.1 What is the local planning authority?; 1.9.2 What are the functions of the local planning authority?; 1.9.3 Plan-making; 1.9.4 Development management; 2. The Requirement for Planning Permission; 2.1 Key concepts; 2.2 What is operational development?; 2.2.1 Building operations requiring planning permission, What is a ‘building’? Building operations; 2.2.2 Demolition ,Partial demolition; 2.2.3 Permitted demolition of dwelling houses (Class A); 2.3 Permission not required for internal works; 2.3.1 What is a ‘material impact on the exterior’ of a building?; 2.3.2 Basements; 2.3.3 Driveways; 2.3.4 Exceptions to the internal works rule; 2.3.5 Engineering operations, Exceptions; 2.3.6 Mining operations, Exception for exploratory works; 2.4 What is a material change of use?; 2.4.1 The planning unit; 2.4.2 Types of use; 2.4.3 Ancillary uses; 2.4.4 Composite uses; 2.4.5 Physical separation; 2.4.6 Functional separation; 2.4.7 What rights flow from the current use?; 2.5 When is change material?; 2.5.1 Intensification of use as a material change; 2.5.2 Intensification of use within the Use Classes Order; 2.5.3 Intensification of use not within the Use Classes Order; 2.5.4 Intensification of ancillary uses; 2.5.5 Flat conversions; 2.5.6 Changes within use classes; 2.5.7 Sub-classes of use classes, Sui generis use; 2.6 Exceptions to the need for planning permission for material change of use; 2.6.1 Incidental uses with the curtilage of a dwelling house, What is the curtilage?; 2.6.2 Use incidental to the enjoyment of the dwelling house; 2.6.3 Use of agricultural land; 2.6.4 Ancillary use of agricultural land; 2.7 Permitted development rights; 2.7.1 Town and Country Planning (General Permitted Development) Order 1995; 2.7.2 Directions under article 4 of the Town and Country Planning (General Permitted Development) Order 1995; 2.7.3 Schedule 1 to the Town and Country Planning (General Permitted Development) Order 1995; 2.7.4 Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995; 2.8 Simplified planning zones and enterprise zone schemes; 2.9 Certificates of lawfulness; 2.9.1 Certificates of lawfulness for proposed use or development; 2.9.2 No ‘development’; 2.9.3 Certificates of lawfulness for existing use or development; 2.9.4 Immunity from enforcement action; 2.8.5 Failure to comply with a planning condition; 2.8.6 Revocation; 2.8.7 Appeal against refusal; 3. Applying for Planning Permission; 3.1 Pre-application consultation with the local planning authority; 3.2 Statutory pre-application consultation; 3.3 Outline permission; 3.4 Expiry of outline permissions; 3.5 Application for full permission; 3.6 Information requirements; 3.7 Site plan; 3.8 Particulars; 3.9 Design and access statements; 3.9.1 Local area requirements; 3.9.2 Fees; 3.9.3 Validation; 3.9.4 Publicity; 3.9.5 Register of planning applications; 3.10 Consultation; 3.10.1 Statutory consultees; 3.10.2 Time limits; 3.11 Written notice of decision; 3.11.1 Retrospective consent; 3.12 Conservation area consent; 3.13 Listed building consent; 4. How Planning Applications are Determined; 4.1 Process – who makes the decision?; 4.2 Officer report; 4.3 Conduct of meetings; 4.4 Delegated authority; 4.5 Member overturns; 4.6 Costs against local planning authorities; 4.7 Powers; 4.7.1 The development plan; 4.7.2 Material considerations; 4.8 Government policy – national planning policy framework; 4.8.1 Sustainable development; 4.8.2 Implementation; 4.9 Planning obligations and community infrastructure levy; 4.9.1 How the Community Infrastructure Levy works; 5. The Grant of Planning Permission; 5.1 Legal effect of a planning permission; 5.2 Interpretation; 5.3 Effect of a planning permission; 5.3.1 Who benefits?; 5.3.2 Extent of the permission; 5.3.3 Outline planning permission; 5.4 Duration of a planning permission; 5.4.1 When does development begin?; 5.4.2 Completion notices; 5.5 Changes to an existing planning permission; 5.5.1 Non-material changes; 5.5.2 Revocation of a planning permission; 5.6 Planning conditions; 5.6.1 Planning purpose of conditions; 5.6.2 Relationship to the development, Conditions modifying the development; 5.6.3 ‘Grampian’ conditions; 5.6.4 Personal conditions; 5.6.5 Reasonableness, Financial contributions, Private property rights, Uncertainty, Enforceability; 5.6.6 Effect of invalid condition; 5.6.7 Challenge to planning conditions; 5.6.8 Conditions following appeal; 5.7 Planning permission and other legal interests; 5.7.1 Private nuisance; 5.7.2 Interference with other easements; 5.8 Highways; 5.8.1 Orders made by the Secretary of State; 5.8.2 Orders made by the local planning authority; 5.9 Listed building consent; 5.9.1 Extent of a listed building; 5.9.2 Definition of the curtilage; 5.9.3 Requirement for listed building consent, Effect on character; 5.9.4 Exempted listed buildings, Churches, Scheduled ancient monuments; 5.9.5 Obtaining consent, Government guidance; 5.10 Conservation areas; 5.10.1When is conservation area consent required? Directions under Article 4 of the Town and Country Planning (General Permitted Development) Order 1995, Local Heritage Lists; 6. Appeals against Refusal of Planning Permission; 6.1 Refusal of planning permission; 6.2 Who can appeal?; 6.3 The role of ‘third parties’; 6.4 Who determines planning appeals?; 6.4.1 Recovered jurisdiction; 6.5 Deciding to appeal against refusal of planning permission; 6.5.1 Does the proposal accord with the development plan?; 6.5.2 When and how to appeal, When should the local planning authority issue its decision? Time limits for appeals, Householder Appeals Service; 6.5.3 What to include in an appeal form; 6.5.4 Choice of procedure, Written representations, Hearing, Inquiry; 6.5.5 Alterations to the proposed scheme; 6.6 Inquiries procedure; 6.6.1 Preliminary stage; 6.6.2 Statement of case; 6.6.3 Statement of common ground; 6.6.4 Proof of evidence; 6.6.5 The inquiry; 6.7 Costs; 6.8 Inspector’s conduct; 6.8.1 Inspector’s powers on appeal, Giving reasons; 6.8.2 Listed building and conservation area appeals; 6.8.3 Lawful development certificate appeals; 6.9 Appeals to the High Court under section 288 of the Town and Country Planning Act 1990; 6.9.1 Protective Costs Orders; 6.9.2 Interim orders