Planning Controls and Their Enforcement, 8th Edition

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