Planning Law

Planning Enforcement, 3rd Edition

By Richard Harwood
Bloomsbury Professional (formerly Tottel Publishing) May 2020

Specifications

ISBN-13
9781526506726
Publisher
Bloomsbury Professional (formerly Tottel Publishing)
Publication
May 2020
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Planning enforcement is one of the most diverse and complex areas of law. It is primarily concerned with the taking of steps against development carried on without planning permission or in breach of conditions on a planning permission. These powers are principally contained in Part VII of the Town and Country Planning Act 1990. They were heavily amended by the Planning and Compensation Act 1991. Subsequent amendments have been made in the Planning and Compulsory Purchase Act 2004 (introducing temporary stop notices) and the Localism Act 2011 (dealing with time limits and advertising enforcement).

Key topics explored and analysed in Planning Enforcement, Third Edition include:

  • the parallel enforcement provisions for listed buildings, conservation areas and the remainder of the historic environment
  • similar provisions for hazardous substances
  • a batch of powers in Part VIII of the TCPA 1990 on trees, tidying up land and advertising
  • enforcement of planning obligations.
  • the Community Infrastructure Levy and the new development consent regime for nationally significant infrastructure projects under the Planning Act 2008
  • the Human Rights Act as decisions to carry out enforcement are affected by the Act as well as a raft of duties such as the Public Sector Equality Duty and responsibilities towards children.

Planning Enforcement, Third Edition complements Planning Permission and Planning Policy, offering a comprehensive and authoritative Bloomsbury Professional library for the planning practitioner.

Table of Contents

Chapter 1 Introduction
Chapter 2 Breach of Planning Control
Chapter 3 Time Limits on Enforcement
Chapter 4 The Decision to Enforce and the Developer’s Response
Chapter 5 Obtaining Information
Chapter 6 Enforcement Notices
Chapter 7 Appeal against an Enforcement Notice
Chapter 8 Challenges to Enforcement Notices 
Chapter 9 Enforcing Enforcement Notices: Prosecution and Direct Action 
Chapter 10 Environmental Impact Assessment 
Chapter 11 Stop Notices 
Chapter 12 Temporary Stop Notices 
Chapter 13 Breach of Condition Notices 
Chapter 14 Injunctions 
Chapter 15 Discontinuance, Revocation and Maintenance of Land 
Chapter 16 Historic Environment 
Chapter 17 Trees and Hedgerows 
Chapter 18 Advertising Control 
Chapter 19 Planning Obligations 
Chapter 20 Hazardous Substances 
Chapter 21 Nationally Significant Infrastructure Projects 
Chapter 22 Community Infrastructure Levy 
Chapter 23 Lawful Development Certificates

About the Author

Richard Harwood QC is a barrister practising in planning and environmental law at Thirty Nine Essex Street Chambers. He acts for landowners, developers, local authorities, interest groups and local residents. A case editor of the Journal of Planning and Environment Law, he was awarded Environment/Planning Junior
of the Year at the Chambers Bar Awards 2011.

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