Download Practice Notes on Planning Law (Practice Notes) by Clive Brand PDF

By Clive Brand

This booklet offers worthwhile advice and perception into the major positive aspects of the city and kingdom making plans method and the method of acquiring making plans permission for improvement of land. The textual content is largely procedural in nature because it specializes in the making of making plans purposes and using attraction strategies. It additionally explains the right way to care for enforcement difficulties the place a breach of making plans keep watch over occurs. during this fourth variation, the chance has been taken to supply additional information at the key themes. as well as updating and increasing the criminal fabrics and professional publications, it additionally contains necessary functional the way to function the making plans approach effectively. a lot has replaced to the content material of the topic because the final variation. New fabrics specialise in the revised making plans charm systems implmented through town and state making plans (Appeals) (Written Representations process) (England) laws 2000, town and kingdom (Hearings technique) (England) ideas 2000, town and kingdom making plans (Inquiries strategy) (England) ideas 2000 and town and state making plans Appeals (Determination by means of Inspectors) (Inquiries strategy) (England) ideas 2000. applicable references are made to DETR round 05/2000 - making plans Appeals techniques.

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Example text

The LPA states that: Staff parking provision cannot be made available within the site to the likely detriment of parking provision for shoppers in this vicinity. There are two elements in this statement: (a) The assertion that ‘staff parking provision cannot be made available within the site’. This is incorrect. At present the rear of the appeal premises consists of an area of former garden, now in unkempt condition upon which some rubbish has gathered. The dimensions of this area are approximately 20 feet wide by 70 feet in depth (1,400 square feet).

24 CAVENDISH PRACTICE NOTES 5 Give full details of the proposal (for example, whether building involved or material change of use, number of buildings, number of storeys, floorspace, etc) 6 Has planning permission for the current or other proposals ever been applied for before? Yes/No 7 If ‘Yes’, give details of proposals and decisions of the LPA 8 Has any other form of consent been applied for before, for example, listed building consent or conservation area consent? Yes/No 9 If ‘Yes’, give details of proposals and decisions of the LPA 10 Has the property ever been the subject of a planning or other appeal (for example, against an enforcement notice) to the Secretary of State?

2 above) in that although there is no prescribed form of application, Art 24 of the GDPO 1995 applies. The required contents of the application are therefore specified by that provision. If the 38 CAVENDISH PRACTICE NOTES application is successful the LPA will issue a certificate in the form prescribed by Sched 4 to the GDPO 1995. Annex 8 of the Department of the Environment, Transport and the Regions Circular 10/97 Enforcing Planning Control, makes clear that the onus of proof lies on the applicant but the standard of proof is the balance of probability.

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