Planning Permission

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

List of contents

Chapter 1 Outline of the planning system
Chapter 2 The meaning of development
Chapter 3 Use classes
Chapter 4 The need for planning permission
Chapter 5 Permitted development rights
Chapter 6 Planning applications
Chapter 7 Environmental Impact Assessment
Chapter 8 Determining planning applications
Chapter 9 Material considerations and policy
Chapter 10 London
Chapter 11 Planning conditions
Chapter 12 Planning obligations
Chapter 13 Planning permission for variations, retrospective and replacement consents
Chapter 14 The issuing of planning permission
Chapter 15 N on-material amendments to planning permissions
Chapter 16 Reserved matters and the approval of details under conditions
Chapter 17 Call-ins and the role of Ministers
Chapter 18 Planning applications made directly to the Minister
Chapter 19 Planning appeals: preliminaries and tactics
Chapter 20 Householder and minor commercial appeals
Chapter 21 Written representations
Chapter 22 Hearings
Chapter 23 Inquiries
Chapter 24 Decisions and costs in appeals and call-ins
Chapter 25 High Court challenges
Chapter 26 The grant of planning permission by orders and other means
Chapter 27 Community Infrastructure Levy
Chapter 28 The effect and interpretation of planning permission
Chapter 29 Implementation of planning permission
Appendix: Statutory Materials
Town and Country Planning Act 1990, ss 55–106C, 284, 288, 319–323
Town and Country Planning (Use Classes) Order 1987, SI 1987/764
Town and Country Planning (Inquiries Procedure) (England) Rules 2000, SI 2000/1624
Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000, SI 2000/1625
Town and Country Planning (Hearings Procedure) (England) Rules 2000, SI 2000/1626
Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009, SI 2009/452
Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595
Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596

About the author

Richard Harwood is a planning, environment and public law KC at 39 Essex Chambers. He was awarded Junior of the Year for Environmental and Planning Law at the 2011 Chamber Bar Awards and appointed Queen's Counsel in 2013. In 2014 he was awarded an OBE for services to planning and environment law decision making.

He is a member of the Planning Minister’s Local Plans Expert Group and a case editor of the Journal of Planning and Environment Law.

Summary

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

This title is included in Bloomsbury Professional's Planning Law online service.

Foreword

Planning Permission covers the core of the planning regime which is planning permission. It explains the need for planning permission, permitted development, planning applications, planning appeals, consequential High Court proceedings and the interpretation of planning permission. It gives details of the daily work of planning lawyers, consultants and officers.

Additional text

...comprehensive coverage across the spectrum of development management issues...The author is to be congratulated in comprehensively addressing the law and practice applicable in England and Wales
as at 1 January 2016 about planning permission applications, appeals and challenges in an accessible, intelligible style.

Product details

• Authors: Richard Harwood, Richard Harwood KC, Richard Harwood Qc, Richard Harwood Qc
• Publisher: Bloomsbury
• Languages: English
• Product format: Hardback
• Released: 25.02.2016
• EAN: 9781780434919
• ISBN: 978-1-78043-491-9
• No. of pages: 1248
• Subjects: Humanities, art, music > Art > Architecture; Social sciences, law, business > Law > Public law, administrative procedural law, constitutional procedural law; England, Wales, ARCHITECTURE / Urban & Land Use Planning, LAW / Land Use, Planning law, Wales / Cymru