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Boundaries – OS maps
Be wary of using an OS map to define a boundary. As the CA has recently made clear, OS plans offer ‘an uncertain guide as to the precise boundary li... Read more...
Boundaries – rectification
The LR has power to alter the register to correct a boundary error, but this can be refused if there are ‘exceptional circumstances’ that justify no... Read more...
Mental illness and tenants
MODERN HEALTH POLICY IS THAT THOSE WHO suffer from mental illness should take such part as they can in society, rather than being institutionalised... Read more...
Prescott
Planning
Planning Gain - Infrastructure Levy
The Planning Bill contains provisions for a new Community Infrastructure Levy. According to the government, the aim is to ‘ensure that the costs incurred in providing infrastructure to support the development of an area can be funded... by owners of land the value of which increases due to the permission for the development’.
Permitting - new regime
The Environmental Permitting Regs came into force on 6 April. Their effect is to combine the existing separate regimes of waste management licensing (WML) and pollution prevention and control (PPC) into a single environmental permitting and compliance regime. Thus, instead of a site potentially requiring a number of different permits and licences, all will be covered by a single environmental permit.
Planning - new standard form
On 6 April the new Standard Planning Application Form (1APP) will replace all existing planning application forms (except for minerals) within England. As at that date, that form will become the only legal way of submitting a planning application (except for minerals). LPAs will no longer be able to produce their own planning application forms. The new form is available online at www.planningportal.gov.uk.
Temporary use - 28 days
Suppose a client has acquired a vacant site and applied for residential planning permission. Can the client realise some value from the land in the meantime, by installing a temporary use such as car parking?
Phone masts - removal?
Clients should be wary before allowing telecoms operators to erect mobile phone masts on their properties; they may find that the benefits of the rent received are outweighed by the potential curbs on the scope for long-term development.
Reserved matters - new or old standard?
In practice, many LAs are imposing additional controls at the reserved matters stage (ie conditions that go beyond the terms of the original outline consent). To what extent can the LA do this?
Site assembly – compulsory purchase
These days, many regeneration sites have been assembled by LAs using compulsory purchase powers. Needless to say, any eventual owner of the land (whether they be a developer or eventual occupier) will want to be sure that the site is purged of any third-party easements, restrictive covenants or other rights that might inhibit the development or use of the site.
Highway - overhang
If a development adjoins a public highway, then give thought as to whether any part of the development overhangs the public highway. Typically, this may be because of a balcony that protrudes from the front of the development.
Notice – Land Maintenance
Land Maintenance Notices are rare. Such notices allow an LA to take action against derelict or unsightly land whose condition has ‘adversely affected’ the amenity of the surrounding area. In practice, their primary use is against neglected wasteland, although they can be used against any land (and not just vacant or open sites).
Compulsory purchase – dilapidations
Compulsory purchase compensation is assessed on the basis of the value of the land on the open market by a willing seller. The principle behind the legislation is that the dispossessed owner should receive full and fair compensation, but only so that he is put in the same position as if the land had not been taken. Thus, the landowner should not make a profit.
Planning Reform: Who reaps the rewards?
authorsChristopher Proudley and Chad Sutton explain why additional safeguards are needed to ensure housing and regeneration projects reap the benefits that should arise from the recent White Paper.
Planning – flooding
A new Planning Policy Statement (PPS 25) has been issued on the Flood Risks of Development. It replaces PPG 25 (which was criticised for being based on flood risk at the time of application – rather than the risk at the time of occupation).
Care homes – private
The HL has held that private care homes are outside the scope of Human Rights Act 1998 (even when the private care home is providing accommodation for someone placed by an LA). Whilst private care homes are therefore outside the scope of Human Rights legislation it should not be forgotten that they are subject to the statutory regulation of Care Standards Act 2000. See YL v Birmingham CC [2007].
PPS3: a change of emphasis
authorThe new planning policy statement on housing came into effect in early April. Susan Hawker provides a reminder of its contents
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