The General Permitted Development Order sets out certain types of ‘permitted
development’, for which it is not necessary to have planning permission.
Important changes came into force on 1 October:
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It is becoming increasingly common for LAs to require new developments to
generate a specifi c percentage of their energy needs from on-site renewable
energy (a procedure that has been encouraged by PPS1). This is the so-called
Merton Rule (since Merton DC was the first to impose such requirements).
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Environmental Impact Assessments were introduced in 1999 in order to
comply with EU requirements. Until recently, developers would only be
expected to prepare one EIA, which would be submitted with the application
for full or outline planning permission. This was because the grant of full
or outline planning consent was considered to be the point at which the
proposed development was authorised. The important point was that any
subsequent consents (eg approval of reserved matters under an outline
consent, or approval of details) did not require a new EIA, since the principle
of the development had already been authorised.
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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’.
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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.
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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.
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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?
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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.
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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?
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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.
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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.
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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).
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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.
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 Christopher 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.
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