Planning Law and Practice Notes:

The enclosed list of notes has been produced in response to the demand for information on the planning system. The idea is to cover various topics at a greater depth than Planning Guidance does, and also to provide some practical advice for applicants. Pamphlets are constantly updated. The priced titles are complete, with copies currently available at the indicated prices. The unpriced items are in various stages of completion and orders can be taken for despatch when complete. Please add £1 to cover postage, etc. for any number of items.

IS IT DEVELOPMENT ? Certain specific operations and uses of land or buildings are not regarded as development which need planning permission. Agricultural uses & development. Material changes of use. S 192 determinations: Lawful Development Certificates. Definitions. PRICE £2.00

IS THE DEVELOPMENT PERMITTED ? The Town and Country Planning (General Permitted Development) Order 1995 (the GPDO) lists 33 classes of development (from private dwellings to amusement parks) for which wide exemptions from express planning consent are given, depending on where you live. PD rights for dwellings, farms, caravans, minor operations explained. Definitions. References. PRICE £ 3.00

HIGHWAY MATTERS The highway authority as a statutory consultee: access, visibility splays, turning spaces, parking guidelines, footpaths & pavements. Trunk roads. Definitions. References. PRICE £ 3.50

MAKING A PLANNING APPLICATION Types of application: change of use, full, outline, reserved matters, renewals, retrospective. Repeat applications. Basic considerations: the development plan & planning policy, planning history, planning status of site. Plans and drawings. The Statement of Case. Fee calculations & exemptions. Following up. How decisions are made: consultations, notices, objections, delegated and committee decisions. Application fees. PRICE £ 6.00

PLANNING AGREEMENTS Planning Gain, Planning Obligations and S 106 Agreements. When and when not to negotiate. What can be covered. Drafting an Agreement. Variation, modifications and discharge of agreements. Appeals. References.

UNDERSTANDING PLANNING PERMISSIONS Outline p.p: standard conditions, time limits and expiry, reserved matters, renewal, conditions, fees. Full p.p: time limits, commencement of development. Temporary planning permissions: standard conditions, renewals, conversion to permanent p.p. Personal p.ps. Completion of development; completion notices, phasing. Conditions: tests of reasonableness, variation or removal of conditions. Revocation and compensation. Definitions. References.

CHANGING PLANNING CONDITIONS The standard conditions. Tests of reasonableness of planning conditions. Conditions and their reasons: occupation conditions, completion conditions. Changing/deletion of conditions. Applications against conditions. Appeals. References.

PLANNING REFUSALS Understanding the refusal reasons: the Committee report; the planning file, consultations and objections. Deemed refusals. Revised applications, appeals.

PLANNING APPEALS (S 78) Appeal form, documents and grounds of appeal. Choice of method: written representations, hearing or inquiry, pros and cons. Procedure: stating the case, service of documents, third parties and public interests, rebuttals, hearings, inquiries. Costs. Site visits. Definitions.

INQUIRIES Planning appeal inquiries: regulations, proofs of evidence, who appears, order of business, cross-examinations, cost applications and rebuttals. Enforcement inquiries. Other inquiries. Charges.

PURCHASE NOTICES Reasonably beneficial use. Form and service of notice. Land to be purchased. Counter notices. Deemed confirmation. Definitions.

LISTED BUILDING OWNERSHIP Listing categories and their significance, the list description and what it means. Scope of listing. Listed Building Consent and when it is needed. Grants. Enhancing your asset. Getting a building de-listed. References.

HOW TO MAKE OBJECTIONS Finding out about applications. Timescales for objection. Holding objections. Arguments you can and cannot use: material planning considerations. The development plan. Highway objections. Involving councillors, MPs, neighbours. Being discreet.

ENFORCEMENT Immunity. The 4-year and 10-year rules. Powers of officers and rights of entry onto land. Retrospective applications. Planning contravention notices, stop notices, injunctions, enforcement notices and appeals, breach of condition notices. Evidence: aerial surveys, declarations, things to look for. Hearings & inquiries. Discontinuance orders: scope of orders, procedure, confirmation & compensation, penalties, appeals. Land adversely affecting amenity: S 215 notices, penalties, appeals.

LAWFUL DEVELOPMENT CERTIFICATES Lawful and unlawful uses & development. Immunity from enforcement: the immunity rules and lawfulness for planning purposes. Existing use or breach (s 191 certificates) applications; onus of proof, standard of proof, content and effect of an LDC. Use of aerial surveys. Proposed operations or uses: LDCs under s 192. Fees. Appeals. High Court appeals.

DEVELOPMENT PLANS The development plan: structure plans, local plans, other plans. Relationship to planning applications. Plan contents and organisation, Govt planning policy. Plan precedence. Departures. County Structure Plan and the local plans. Unitary development plans: preparation, deposit stages, objections, inquiries. Definitions. References.

ENVIRONMENTAL ASSESSMENT Nature of EA; information to be provided. Schedule 1 & 2 projects: effect on permitted development rights, Significant effects and the guideline thresholds. Applications without EA: LPA timescales, appeals. Preparing an EA; statutory consultees. Appeals and call-ins. Strategy for avoidance. References.

LIVING IN A CONSERVATION AREA Conservation Area Consent. Demolition. Permitted development rights. Extent of control over alterations: supplementary planning guidance.

RE-USE OF RURAL BUILDINGS The rules for re-use and conversion of rural buildings: development plan and Govt policies. Traditional buildings v. modern buildings. Abandonment and derelict buildings. Marginal cases.

ADVERTISEMENTS AND SIGNS Control of signs, areas of special control. Local authority standards and criteria. Applications and appeals.

PRIOR TO PURCHASE Searching the facts on a prospective purchase: what to look for and where. Registered title checks. Planning history & status. Neighbourhood development. Rights of way.

LAND DESIGNATIONS National Parks, SSSIs, Special Area of Conservation (SAC), Heritage Coast, Green Wedges, Areas of Outstanding Natural Beauty (AONB), Areas of Special Landscape Value, Regionally Important Conservation Sites, Nature Reserves, Trees and Woodland, Ancient Woodland, Commons. References.

AGRICULTURAL DEVELOPMENT Qualifying agricultural uses of land: horses & ponies.

CARAVANS Caravans in gardens.

RIGHTS OF WAY.

THE CONSERVATION REGULATIONS.

USE CLASSES The Use Classes Order 1987, as amended. Permitted changes of use.

ABANDONMENT OF USE RIGHTS.

AERIAL SURVEYS Scope and frequency of surveys. Inspection and copying of aerial photographs. Scale, accuracy, detail and enlargement.

DEMOLITION When demolition is development. Permitted development rights. Demolition notifications, notices, etc.