Author: Richard Harwood KC

Publisher: Bloomsbury Publishing

Published: 2016-04-14

Total Pages: 1246

ISBN-13: 1784511552

The brand new title that sets out the law and practice of planning applications, appeals and challenges, particularly focussing on: -The need for planning permission and the concept of development -Permitted development rights -Applying for planning permission and the consideration of applications by local authorities -Planning appeals -The role of the Secretary of State and the Welsh Ministers -Planning permission granted by development orders Dealing with why planning permission is needed, how it is obtained by permitted development, planning applications and orders, this essential new title begins with the concept of development, the need for planning permission and permitted development rights. Planning applications are then considered at the local authority, appeal and call-in stages, with advice provided for developers, local authorities, interest groups and residents, setting out clearly how each can be involved in the process. High Court challenges are considered thoroughly. Finally, complex questions regarding the interpretation and implementation of each area of this process are discussed. What does it include? Planning Permission analyses the legal rules and caselaw, including the 2015 orders. Practical advice is given on making and responding to applications, dealing with planning committees, Ministerial interventions, appeals and call-ins. The operation of the Planning Court is also addressed from the practitioner's perspective. Helpful appendices include the relevant parts of the Town and Country Planning Act 1990, the Development Management Procedure Order 2015, the General Permitted Development Order 2015, the Use Classes Order and the appeal rules and regulations. Contents: 1 Outline of the planning system and underlying principles; 2 The meaning of development; 3 The Use Classes Order; 4 The need for planning permission; 5 Permitted development rights; 6 Planning applications; 7 Environmental Impact Assessment; 8 Determining planning applications; 9 Material Considerations 10 London; 11 Planning conditions; 12 Planning Obligations; 13 The issue of planning permission; 14 Planning permission for variations and retrospective consents: Section 73 and 73A; 15 Non-material variations; 16 Reserved matters and approval of details under conditions; 17 Call-ins and the role of Ministers; 18 Planning applications made to Ministers; 19 Planning Appeals – preliminaries and tactics; 20 Householder and minor commercial appeals; 21 Written representations; 22 Hearings; 23 Inquiries; 24 The appeal decision and costs; 25 High Court challenges; 26 Other means of obtaining planning permission – development orders, deemed planning permission and Simplified Planning Zones; 27 Community Infrastructure Levy; 28 Interpretation of planning permission; 29 Implementation