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Planning Law Notes

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Planning Law Notes. What needs Planning Permission?


TCPA 1990 - S57(1) - you need planning permission for any development of land.


S55 - development of land is either operational development (building, mining, engineering and other operations) or material change of use. (1A) Building includes...
(2) Things not to be taken as development. (4) + (5) Further definitions of things included.


Chas Storer (2009) - waste processing site which has accepted processed paper not accepting comingled waste. Court - highlighted that the meaning of development will determine what is governed by planning law. Also the question of what counts as material change is very factspecific and thus turns on specific circumstances of case. Finally, courts will approach Planning Inspector's decision with much reference to what PI wrote and what that means.

Notice of Planning Application.


S65 - development orders may make provision requiring notice to be given of any application for planning permission - and provide for publicising such applications and the form of the notice given. The notice to be given may vary with the different lever of planning permission. This must be satisfied before they can entertain the application.


Development Order 1995 - creates 3 different types of publicity requirements for different levels of planning application (major development etc.). In Gavin (2003) the court gave a lot of leeway to the council to decide how to publicise the development but still required that the specifications for publicity were met.

How and what to consider?


S70 - (1) LPA, upon application for planning permission, may grant PP either unconditionally or on conditions or they may refuse the application.

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