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
Pre-order