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Planning Controls and Their Enforcement
Planning Controls and Their Enforcement
8th Edition
Number of volumes: 1
Practice Area:  Planning Law
ISBN:  9780721904955
Author: A.J. Little
Subscription Information: 3 releases a year, Charge By Release
Format:  Looseleaf
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Comprehensively covering the enforcement of planning controls, which occur when a development takes place without planning permission, Planning Controls and Their Enforcement:
  • Establishes what does and does not constitute breach of planning control
  • Explains the methods available to enforce controls and to challenge enforcement on such matters as:
    • Building or engineering works or the change of use of a property or of land
    • Undertaking a development not in accordance with a planning permission, by digressing from an approved plan or by failure to comply with conditions attached to permission
    • Carrying out works to a listed building without consent
    • Demolishing a building within a Conservation Area
    • Cutting down or carrying out of works to a tree which is the subject of a tree preservation order or which is in a Conservation Area
  • Discusses all the latest cases

Developments to be covered in forthcoming releases include:

  • The new Environmental Impact Regulations – with a completely rewritten section on the environmental  effect of development
  • The Localism Act 2011,as regulations and orders bring sections into force and  detail the new law, which will include:
    • abolition of regional strategies
    • abolition of the Infrastructure Planning Commission
    • amendment of the provisions concerning Community Infrastructure Levies
    • provision for new "neighbourhood plans" to be approved after 50% vote achieved in a referendum
    • provision for "neighbourhood development orders" allowing communities to approve development without requiring normal planning consent
    • a statutory duty placed on authorities in relation to planning of sustainable development
    • new provisions relating to development plan documents
    • changes in the provisions detailing the use which can be made of money raised from the community infrastructure levy
    • some planning applications will require prior consultations with local communities
    • local planning authorities will be able to decline to consider a retrospective planning applicaition where the development proposed is the subject of a previous enforcement notice
    • new time limits for enforcement in respect of concealed breaches of planning control
    • time limits for prosecutions in respect of damage, etc to protected trees and breach of advertisement control will be changed
    • planning authorities will have extensive new powers regarding unauthorised advertisements or defacement of premises (graffiti)
    • new planning  powers will be given to the Mayor of London
  1. Development
  2. Planning Permission
  3. Planning Applications
  4. Conditions and Limitations
  5. Operation of Planning Permission
  6. Consequents of Breach of Planning Control
  7. Enforcement Notices
  8. Appeal to Secretary of State against Enforcement Notice
  9. Appeals and Applications to the High Court
  10. Application direct to the High Court
  11. Non-compliance with an Enforcement Notice
  12. Stop Notices, Breach of Condition Notices and Injunctions
  13. Continuing effect of Enforcement Notice
  14. Termination of Authorised Development
  15. Planning Agreements and Obligations
  16. Buildings of Special Architectural or Historic Interest
  17. Tree Preservation
  18. Advertisements
  19. Land adversely affecting Amenity
  20. Hazardous Substances
  21. Hedgerows
  22. Crown Land
  23. Nationally Significant Infrastructure Projects
  24. Community Infrastructure Levy
  25. Appeal Procedures
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