The Pinsent Masons Planning Toolkit Series
|
|
- Lynn Lamb
- 5 years ago
- Views:
Transcription
1 Update April 2008 The Pinsent Masons Planning Toolkit Series Part 2 - Getting on Site Minor modifications, reserved matters and lawful commencement of development Minor Modifications The Current Position Having obtained a valid planning permission, can the developer amend it in any way? In the real world, the practice of the local planning authority (LPA) agreeing minor modifications to developments is commonplace. The usual practice is that the minor modification is recorded in correspondence between the developer and the LPA and revised plans are deposited. An approval letter is issued by the LPA (though sometimes there can be confusion over this) and a copy retained on the file. In most cases this process causes no problems, but occasionally the carrying out of the development with the modification comes to the attention of affected neighbours or those who opposed the development. The LPA may have sought views on the amendment, or it may not. A complaint is then made to the LPA that the development is not being carried out in accordance with the planning permission. Resolving such complaints can be complex and difficult for the LPA, and the developer can be left in an uncertain position. Existing cases, which deal with the LPA's power to grant permission for development proposals amended after being originally submitted, are relevant to this issue. Bernard Wheatcroft Ltd v. Secretary of State for the Environment [1980] 43 P&CR 233 sets out the classic test for the validity of an amendment to a planning application. Essentially, The result must not be substantially different from the development applied for. It is for the LPA (or an Inspector on appeal) to exercise reasonable judgment as to whether there is a significant difference or not. Wheatcroft involved a reduction in scale of a residential development between refusal and appeal. The further case of Breckland District Council v. Secretary of State for the Environment [1992] 3 PLR 89 involved an enlargement of the site between lodging an appeal and its determination, as opposed to the reduction in scale as was the case in Wheatcroft. Such an amendment was not automatically invalid, but had to be treated with special care. The amendment had not been subject to public comment. In Breckland, the Inspector's view that the amendment was not substantial was considered by the Court to be wrong but the Wheatcroft test of significant or substantial difference was the correct test to apply. Stretchability of Planning Permissions The above existing cases raise the potential for planning permissions to be stretched, notably where outline planning permission exists for development described in the application documents for a certain size e.g. by reference to floorspace or numbers of dwellings. It may be possible to obtain reserved matters approval for development which exceeds such limits if the change is not considered significant or substantial. A particular consideration for outline permissions is the extent of any deviation from any parameter blocks for development which have been incorporated into the outline permission by the terms of the permission (e.g. by condition). Any significant or substantial deviation runs the risk of falling foul of the Wheatcroft test
2 and being unlawful. That is why margins of deviation in parameter block plans accompanying outline planning applications are key. A complicating factor is where an application was subject to Environmental Impact Assessment (EIA). Whether the Environmental Statement (ES) had properly examined a scenario where the development could be larger is key - the stretchability is limited by the extent to which the likely significant environmental effects would change due to the stretching of the permission - if any likely significant environmental effects would alter, then the permission cannot be stretched that far. A further issue which often crops up with outline planning applications in particular, is whether the quantum of the proposed development (e.g. floorspace or housing unit numbers) can be expressed as approximate to allow room for manoeuvre on any subsequent desired "stretching" of the permission. Provided that the parameters of the proposed development accord with the General Development Procedure Order requirements to set out the the approximate location of buildings, routes and open spaces and the upper and lower limit for the height, width and length of each building stated in the planning application there should not be any particular difficulty in describing quantum of development in approximate terms, particularly for the larger applications where inevitably reserved matters approvals will fix precise amounts of floorspace and housing numbers for example. Possible Legislative Changes Despite the above, it remains the case that allowing changes to planning permissions is not yet specifically covered by the planning legislation, and the practice of individual LPA's in dealing with amendments differs. However, pleasingly this is likely to change in the form of clause 162 of the Planning Bill. This proposes to insert a new section 96A to the Town and Country Planning Act 1990, which allows an LPA following application by a person interested in the land in question, to make a change to any planning permission relating to land in their area if satisfied that the change is not material. In deciding whether a change is material, the LPA must have regard to the effect of the change, together with any previous changes they have made, on the planning permission. An order under the new section will deal with the procedure for applications and what publicity and consultation the LPA will carry out. The existence of a clear statutory power for minor modifications will be welcome. Set against this will be the possibility for disputes and the spectre of judicial review hanging over the question of whether any given change is material. Existing case law such as Wheatcroft is likely to remain relevant in that context. Reserved Matters What do these now comprise? From August 2006, reserved matters have comprised:- (a) (b) (c) (d) (e) access; appearance; landscaping; layout; and scale (defined as the height, width and length of each building proposed within the development in relation to its surroundings ). Where access, layout and scale are not to be determined at the same time as the outline planning application, the outline application must show:- The areas where access points to the development will be situated; The approximate location of buildings, routes and open spaces; and The upper and lower limit for the height, width and length of each building stated in the planning application (parameters). Guidance on changes to the development control system including the new list of reserved matters and design and access statements (DAS) makes it plain that the DAS will form a link between the outline permission and the submission of reserved matters. Thus, developers will need to show that they have taken account of and incorporated relevant details when making their reserved matters applications. Further details will be included in a future Planning Toolkit release on the latest DAS issues. Environmental Impact Assessment An important pitfall in relation to reserved matters is the need to consider whether an environmental impact
3 assessment or revised assessment will be needed at reserved matters stage. It used to be settled law that in the case of outline applications followed by reserved matters approvals, an EIA could only be required at the outline stage. The situation has changed since the decision of the House of Lords in R v. London Borough of Bromley ex parte Barker [2006] UKHL 52, which followed a referral to the European Court of Justice. The House of Lords held that the (then 1988) Regulations which transposed the requirements as to environmental assessment into English law wrongly did not provide for an EIA at the reserved matters stage in any circumstances. Furthermore, in Barker, the LPA when considering reserved matters applications (including a multiplex cinema pursuant to an outline permission for leisure and recreation) had been wrongly advised that it could not seek an EIA in relation to that reserved matters application. Particularly in the case of major and complex schemes, developers should remain aware of the need to consider whether further EIA is needed at the reserved matters stage, and to make the necessary screening application to the LPA at the reserved matters stage. Much will depend upon the nature of the development, how much information had been given at the outset, how well the EIA at outline stage took account of all potential environmental effects which would be likely to follow as the scheme develops and whether the likelihood of significant effects will alter as the scheme develops. As a result of the Barker case, the Government have provided interim guidance to LPA's and are to introduce new amending regulations following a public consultation. The Town and Country Planning (Environmental Impact Assessment) (England) (Amendment) Regulations 2008 are due to come into force in May 2008 to implement these changes. Further details will be included in a future Planning Toolkit release on EIA. Lawful Commencement of Development How is development begun? two years from the date of the last approval of reserved matters, in the case of outline permissions. These periods have been the default standard since the Planning and Compulsory Purchase Act 2004, which also removed the previous ability for LPA's to extend time limits for permissions by approving applications to vary such conditions. When is development begun? Section 56 of the Town and Country Planning Act 1990 sets out provisions for determining that question. Essentially, for material changes of use the development is begun when the new use is instituted. This sometimes can be an issue and it may be expedient for developers to record when a change of use takes place by site notes and/or photographs. For building, engineering, mining or other operations it is begun when one of a number of material operations first takes place, These material operations can include erecting or demolishing buildings, digging foundation or service pipes or laying out or constructing a road. Frequently Asked Questions Commencement: 1. Does marking out the route of a road with pegs and tapes count? It did in Malvern Hills DC v Secretary of State for the Environment [1982] J.P.L Can some works be so insignificant so as not to count? Yes when they involve scooping out a hedge in the rough position of a new access for a dwelling; see R. (Connaught Quarries Ltd) v Secretary of State for the Environment, Transport and the Regions [2001] 4 P.L.R Does it matter that works were carried out to begin development with no intention to genuinely keep the planning permission alive? Not any more since Staffordshire CC v Riley [2001] EWCA 257, which made plain that the test as to whether development has been begun is objective and that the developer's intentions are irrelevant. Having applied for and obtained a valid planning permission, it is then important to protect that permission and to lawfully implement it. Every planning permission will contain (or be deemed to contain) a condition which requires that the development should be begun by a particular date. Generally, that date will be after a period of time, normally three years, from the date of the grant of a full permission or The issue of pre-commencement conditions For most substantive developments, there will be conditions on the planning permission which require things to be done before the development is begun. In most cases, these will
4 require details and schemes to be submitted and approved by the LPA before the development is begun. The actual wording used differs from LPA to LPA (and sometimes within the same planning permission) and the permission should be carefully checked for conditions of this nature. Very often the condition will contain a requirement then to implement the approved details and schemes either generally or by a further event or date in the development (for example, before dwellings are occupied or in the next available planting season). If conditions of this nature are not complied with, then any purported beginning of the development, despite being within the time limit, is likely to be unlawful. It will not count as implementation and will not suffice to keep the permission alive beyond its time limits. The proper principles which apply in this situation were set out in R. (on the application of Hart Aggregates) v Hartlepool BC [2005] EWHC 840 (Admin). The particular condition in question had, in fact, been complied with, but in any event it was not a condition precedent. The question whether development has lawfully been commenced is answered by applying a sequential test:- Firstly, the condition must be properly construed: is it a pre-condition to lawful development? If so, has it been complied with (this is a question of fact). Note that it is not possible to imply conditions into a planning permission and that conditions must be given their proper meaning as a matter of language; Secondly, if it has not been complied with, can the developer bring himself within one of the recognised exceptions, such as having submitted details for approval by the LPA before the time limit, but not having received a response? Finally, even if there is non-compliance and none of the recognised exceptions apply, would enforcement action by the LPA not be possible, because that would breach its public law obligations? For example, it would be irrational or an abuse of power for an LPA to take enforcement action to prevent development proceeding, where the breaches had taken place 34 years ago and the details had in any event been approved under more recent permissions, as was the situation in the Hart case. Checklist for Developers Minor modifications Be aware of the existing Bernard Wheatcroft principle, the possibility (but limitations) of seeking to "stretch" planning permissions, including the EIA constraints. Even when the law on amendments has changed, be aware that the EIA (if any) for a development will need to be looked at to see if the impact of a stretched development has been properly assessed. Reserved matters Make sure that reserved matters details are properly referenced back to the outline permission and the design and access statement, and ensure that approvals are applied for and obtained within the relevant time limits. Check any EIA submitted at outline application stage to see if it properly anticipates the effects of the details submitted at reserved matters stage and if it may not, or if no EIA was done, make a screening application to the LPA or submit an EIA. Commencement Check the planning permission carefully upon receipt and identify the time limits within which further matters need to be approved and by when the development must be begun. Carefully identify all pre-commencement conditions and what needs to be submitted to the LPA to discharge those conditions. If input from other professionals is needed, be sure that they are briefed in good time as to what they need to be submitting. Try to agree a protocol for discharge of conditions with the LPA for substantial and controversial developments. Ensure that the protocol is adhered to. Be clear to whom details and schemes need to be submitted (Consider also our future release in the Planning Toolkit Series on Planning Performance Agreements). Make sure that written approvals and discharges of pre-commencement conditions are obtained and filed for future reference on disposals. Ensure that the development is begun before any time limit expires.
5 If you have any queries on Getting on Site or any of the Planning Toolkit Series generally please contact Jonathan Riley ( jonathan.riley@pinsentmasons.com), T: Richard Ford (richard.ford@pinsentmasons.com), T: Daniel Drukarz (daniel.drukarz@pinsentmasons.com), T: Pinsent Masons LLP 2008 This note does not constitute legal advice. Specific legal advice should be taken before acting on any of the topics covered. LONDON BIRMINGHAM BRISTOL LEEDS MANCHESTER EDINBURGH GLASGOW DUBAI BEIJING SHANGHAI HONG KONG T Pinsent Masons LLP is a limited liability partnership registered in England & Wales (registered number: OC333653) and regulated by the solicitors Regulation Authority. The word partner, used in relation to the LLP, refers to a member of the LLP or an employee or consultant of the LLP or any affiliated firm who has equivalent standing and qualifications. A list of the members of the LLP, and of those nonmembers who are designated as partners, is displayed at the LLP s registered office: CityPoint, One Ropemaker Street, London EC2Y 9AH, United Kingdom. We use Pinsent Masons to refer to Pinsent Masons LLP and affiliated entities that practise under the name Pinsent Masons or a name that incorporates those words. Reference to Pinsent Masons is to Pinsent Masons LLP and/or one or more of those affiliated entities as the context requires. For important regulatory information please visit:
OVERCOMING IMPEDIMENTS - SIMON PICKLES
OVERCOMING IMPEDIMENTS - SIMON PICKLES 1. The advantage of the title (not my own) to this brief paper is that it provides such a broad, blank canvas. I have chosen to address under it two current topics
More informationEvolution of dispute resolution under the FIDIC Red Book. Bill Smith, Partner 10 May 2018
Evolution of dispute resolution under the FIDIC Red Book Bill Smith, Partner 10 May 2018 Outline Disputes why a dispute resolution procedure is needed How the dispute resolution provisions in the FIDIC
More informationTown and Country Planning Act Town and Country Planning (Development Management Procedure) (England) Order 2015
Town and Country Planning Act 1990 Town and Country Planning (Development Management Procedure) (England) Order 2015 Part 1 - Particulars of Application Application Number: 13/0753 Outline Planning Permission
More informationPUBLIC LAW CHALLENGES TO PLANNING OBLIGATIONS Guy Williams
PUBLIC LAW CHALLENGES TO PLANNING OBLIGATIONS Guy Williams Introduction 1. This seminar is deliberately limited in its scope to focus on the availability and scope of public law challenges to the enforcement
More informationPLANNING DECISION NOTICE
] Monson Homes Ltd C/O Pellings LLP FAO Mr Neal Penfold 24 Widmore Road Bromley Kent BR1 1RY 30 June 2017 PLANNING DECISION NOTICE APPLICANT: DEVELOPMENT TYPE: Monson Homes Ltd Minor Dwellings APPLICATION
More informationPERMITTED DEVELOPMENT ISSUES
PERMITTED DEVELOPMENT ISSUES 6 June 2018 David Evans, Consultant Solicitor INTRODUCTION Permitted Development in the Town & Country Planning Act 1990 and the General Permitted Development Order 2015 -
More informationRegulatory enforcement proceedings
Regulatory enforcement proceedings The aim of this note is to give practical guidance on the likely course of enforcement proceedings instituted by the FCA. Set out below is an overview of the process.
More informationProcurement Challenges. Tactics and Lessons Learnt from Recent Developments 6 December 2016 Jennifer Robinson
Procurement Challenges Tactics and Lessons Learnt from Recent Developments 6 December 2016 Jennifer Robinson Procurement Challenges Quick refresh on procurement law on challenges The Energysolutions v
More informationCHALLENGING DEVELOPMENT PLANS IN THE HIGH COURT MAY 2013 SASHA WHITE Q.C.
CHALLENGING DEVELOPMENT PLANS IN THE HIGH COURT MAY 2013 SASHA WHITE Q.C. A JUDGE ABOUT TO CONSIDER A DEVELOPMENT PLAN CHALLENGE! A JUDGE CONSIDERING A DEVELOPMENT PLAN CHALLENGE! SECTION 1 - INTRODUCTION
More informationEIA: nuts and bolts. James Maurici Q.C. Landmark Chambers
EIA: nuts and bolts James Maurici Q.C. Landmark Chambers Scope Post screening, stages where ES to be submitted: (1) Scoping; (2) Judging the adequacy of the ES; (3) Reg. 22 requests for further information;
More informationChapter 11: Appeals and other supplementary provisions
Chapter 11: Appeals and other supplementary provisions INTRODUCTION 11.1 In Chapters 8 and 9, we considered both the process of making an application for planning permission and the determination of the
More informationENVIRONMENTAL IMPACT ASSESSMENT: AVOIDING THE ELEPHANT-TRAPS
ENVIRONMENTAL IMPACT ASSESSMENT: AVOIDING THE ELEPHANT-TRAPS Stephen Tromans 1 Barrister, 39 Essex Street Environmental impact assessment (or EIA as it is normally known) easily outpaces any other area
More informationThe Home at the Bottom of the Garden - Immunity from Enforcement Issues in Planning.
! The Home at the Bottom of the Garden - Immunity from Enforcement Issues in Planning. There is a perennial problem of the dwelling at the bottom of the garden. Obviously, the situation is not really so
More informationPlanning (Listed Buildings and Conservation Areas) Act 1990
Planning (Listed Buildings and Conservation Areas) Act 1990 Page 1 Planning (Listed Buildings and Conservation Areas) Act 1990 1990 CHAPTER 9 Sweet & Maxwell Ltd. UK Statutes Crown Copyright. Reproduced
More informationASTON UNIVERSITY Free Movement in the UK & Brexit. Shuabe Shabudin 13 October 2017
ASTON UNIVERSITY Free Movement in the UK & Brexit Shuabe Shabudin 13 October 2017 Agenda Brexit what might happen? How to apply Your options Eligibility criteria Applications that can be made Brexit EU
More information2017 No. 114 AGRICULTURE LAND DRAINAGE WATER
S C O T T I S H S T A T U T O R Y I N S T R U M E N T S 2017 No. 114 AGRICULTURE LAND DRAINAGE WATER The Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland)
More information(Copyright and Disclaimer apply)
Planning (Listed Buildings and Conservation Areas) Act 1990 1990 CHAPTER 9 An Act to consolidate certain enactments relating to special controls in respect of buildings and areas of special architectural
More informationUpdate. Local Government. Local Authorities, Politics and Bias
Update September 2006 Local Government Local Authorities, Politics and Bias Should be pretty simple really, spotting bias. I mean if there's a council meeting on a controversial issue and a councillor
More informationSECTION 106 AND CIL Andrew Parkinson
SECTION 106 AND CIL Andrew Parkinson 1 Overview This talk will cover the following topics: Modification and discharge under s.106a TCPA 1990 The difference in approach to affordable housing ( AH ) obligations
More informationBRENT COUNCIL DECISION NOTICE APPROVAL
BRENT COUNCIL TOWN AND COUNTRY PLANNING ACT 1990 (as amended) DECISION NOTICE APPROVAL =================================================================================== Application No: 11/3039 To: David
More informationPlanning obligations and CIL. Nathalie Lieven QC
Planning obligations and CIL Nathalie Lieven QC 1. Planning obligations are almost always used in some way or another to making housing developments acceptable in planning terms. As a result, the obligations
More informationThe Planning (Listed Buildings and Conservation Areas) Regulations 1990
SI 990/59 Page 990 No. 59 TOWN AND COUNTRY PLANNING, ENGLAND AND WALES The Planning (Listed Buildings and Conservation Areas) Regulations 990 Thomson Reuters (Legal) Limited. UK Statutory Instruments Crown
More informationEIA CASE LAW UPDATE. Andrew Byass
EIA CASE LAW UPDATE Andrew Byass Themes The standard of review Screening decisions: split development Screening decisions: cumulative effects Planning enforcement / retrospective permission HS2 (briefly)
More informationPrior Approval of Permitted Development Ongoing Problems and Issues
RTPI South West DEVELOPMENT MANAGEMENT 11 October 2017 Prior Approval of Permitted Development Ongoing Problems and Issues Martin Goodall, Keystone Law [All references are to Part 3 of the Second Schedule
More informationCross-border recognition of resolution decisions. Stuart McNeill Pinsent Masons LLP
Cross-border recognition of resolution decisions Stuart McNeill Pinsent Masons LLP Alternatives to bank resolution English court s approach (pre BRRD) Adams v National Bank of Greece and Athens 1927: mortgage
More informationBefore : JOHN HOWELL QC Sitting as a Deputy High Court Judge. Between : The Queen On the application of. Hearing dates: 28 February 2013
Neutral Citation Number: [2013] EWHC 751 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case No: CO/10866/2012 Royal Courts of Justice Strand, London, WC2A 2LL Date: 15/04/2013
More informationRIGHTS OF LIGHT and SECTION 237 TOWN AND COUNTRY PLANNING ACT Neil Cameron QC
RIGHTS OF LIGHT and SECTION 237 TOWN AND COUNTRY PLANNING ACT 1990 Neil Cameron QC 1. Whether or not the judgment in HKRUK II (CHC) Limited v. Heaney [2010] EWHC 2245 (Ch) ( Heaney ) represents any change
More information[Paper prepared for IBA Conference in Prague September 2005] Mediation The framework in England and Wales
jonlang.com jl@jonlang.com Mediation The framework in England and Wales Mediator Introduction On 26 April 1999, the conduct of civil litigation was significantly changed with the introduction of the Civil
More informationBusiness Immigration. Brexit and the EU Settlement Scheme. December 2018
Business Immigration Brexit and the EU Settlement Scheme December 2018 Foreword Brexit will have a major impact on EU nationals and their family members in the UK. The Government has introduced a plan
More informationAnti-social Behaviour Act 2003
Anti-social Behaviour Act 2003 CHAPTER 38 CONTENTS PART 1 PREMISES WHERE DRUGS USED UNLAWFULLY 1 Closure notice 2 Closure order 3 Closure order: enforcement 4 Closure of premises: offences 5 Extension
More information2012 No. 801 (W. 110) TOWN AND COUNTRY PLANNING, WALES. The Town and Country Planning (Development Management Procedure) (Wales) Order 2012
W E L S H S T A T U T O R Y I N S T R U M E N T S 2012 No. 801 (W. 110) TOWN AND COUNTRY PLANNING, WALES The Town and Country Planning (Development Management Procedure) (Wales) Order 2012 EXPLANATORY
More informationPLANNING AND BUILDING (JERSEY) LAW 2002
PLANNING AND BUILDING (JERSEY) LAW 2002 Revised Edition Showing the law as at 1 January 2017 This is a revised edition of the law Planning and Building (Jersey) Law 2002 Arrangement PLANNING AND BUILDING
More informationRetroactive application of the Damages Directive
April 2017 Retroactive application of the Damages Directive Executive Summary EU Directive 2014/104/EU (the Damages Directive ) was due to be transposed into Member States national laws by 27 December
More information2006 No (N.I. 7) NORTHERN IRELAND
STATUTORY INSTRUMENTS 2006 No. 1252 (N.I. 7) NORTHERN IRELAND The Planning Reform (Northern Ireland) Order 2006 Made - - - - 9 th May 2006 Coming into operation in accordance with Article 1(2) to (5) ARRANGEMENT
More informationANDY SMITH, MUSE DEVELOPMENTS
We have instructed AG several times at a large development site which is difficult to secure. On each occasion they have dropped everything to obtain a High Court Writ and have secured possession within
More informationJudicial Review. Where do we stand? Will proposals for further judicial review reform make any difference? Procedure & Practice
Judicial Review Procedure & Practice Where do we stand? Will proposals for further judicial review reform make any difference? Charles Brasted & Ben Gaston Report Judicial Review November 2013 1 Where
More informationPlanning Permission Detail. The Lydiate Heswall Merseyside CH60 8PR
Planning Permission Detail The Lydiate Heswall Merseyside CH60 8PR December 2015 W Notice of Grant of Planning Permission Regeneration and Environment David Ball Head of Regeneration and Planning Town
More informationSee Rantsev v Cyprus and Russia, (Application no /04), European Court of Human Rights.
ILPA response to the Department of Education consultation on the draft regulations and statutory guidance for local authorities on the care of unaccompanied asylum seeking and trafficked children The Immigration
More informationB e f o r e: DAVID ELVIN QC. (Sitting as a Deputy High Court Judge) Between: THE QUEEN ON THE APPLICATION OF WYNN-WILLIAMS
Neutral Citation Number: [2014] EWHC 3374 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION PLANNING COURT CO/781/2014 Royal Courts of Justice Strand London WC2A 2LL Thursday 3 July 2014 B e
More informationThe Planning Court comes into being. Richard Harwood OBE QC
The Planning Court comes into being Richard Harwood OBE QC The Planning Court will come into existence on 6 th April 2014 and some of the detail of its operation is now known. For the most part the procedures
More informationPLANNING APPEALS: HIGH COURT CHALLENGES. Stephen Morgan Landmark Chambers
PLANNING APPEALS: HIGH COURT CHALLENGES Stephen Morgan Landmark Chambers TOPICS (1) The right to challenge an appeal decision (2) The scope of any challenge (3) Procedural requirements and costs (4) Appeals
More informationNeighbourhood Planning Bill
[AS AMENDED IN PUBLIC BILL COMMITTEE] CONTENTS PART 1 PLANNING Neighbourhood planning 1 Duty to have regard to post-examination neighbourhood development plan 2 Status of approved neighbourhood development
More informationAnti-social Behaviour, Crime and Policing Act 2014
Anti-social Behaviour, Crime and Policing Act 2014 2014 CHAPTER 12 An Act to make provision about anti-social behaviour, crime and disorder, including provision about recovery of possession of dwelling-houses;
More informationFire and Rescue Services Act 2004
Fire and Rescue Services Act 2004 CHAPTER 21 CONTENTS PART 1 FIRE AND RESCUE AUTHORITIES 1 Fire and rescue authorities 2 Power to create combined fire and rescue authorities 3 Creation of combined fire
More informationan Inspector appointed by the Secretary of State for Communities and Local Government
Appeal Decision Site visit made on 18 August 2014 by JP Roberts BSc(Hons), LLB(Hons), MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 12 September
More informationSection 2(a)(iii) of the ISDA Master Agreement: its enforceability and effect
22 December 2010 Section 2(a)(iii) of the ISDA Master Agreement: its enforceability and effect Lomas v JFB Firth Rixon, Inc [2010] EWHC 3372 (Ch) In a judgment handed down on 21 December 2010, the High
More informationChapter 8: Applications to the planning authority
Chapter 8: Applications to the planning authority INTRODUCTION 8.1 Once it has been established that a proposed project constitutes development, and that permission for development of that category is
More informationDANGERS OF NOT OBSERVING THE LCIA ARBITRATION RULES
BRIEFING DANGERS OF NOT OBSERVING THE LCIA ARBITRATION RULES MARCH 2018 ENGLISH HIGH COURT FINDS REQUEST FOR ARBITRATION FOR DISPUTES UNDER TWO SEPARATE CONTRACTS INVALID ALSO GIVES USEFUL GUIDANCE ON
More informationBefore : THE HONOURABLE MR JUSTICE SINGH Between :
Neutral Citation Number: [2017] EWHC 1837 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION PLANNING COURT Case No: CO/6473/2016 Bristol Civil Justice Centre 2 Redcliff Street Bristol BS1 6GR
More informationEnforcing Standard Security
Enforcing a Standard Security A Shepherd and Wedderburn guide INTRODUCTION The procedure to be adopted in the enforcement of a standard security differs depending on whether the land secured is used to
More informationTo participate in the Local Government Pension Scheme
DATED 2 (1) THE ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD and (2) [ ] and (3) [ ] ADMISSION AGREEMENT To participate in the Local Government Pension Scheme Admission Agreement v3 01/18 2 CONTENTS 1. DEFINITIONS
More informationGuidance For Legal Representatives
Guidance For Legal Representatives Criminal Cases Review Commission Guidance for Legal Representatives This document is designed to help legal representatives who may be approached in relation to applications
More informationIMMIGRATION BILL DELEGATED POWERS MEMORANDUM BY THE HOME OFFICE
IMMIGRATION BILL DELEGATED POWERS MEMORANDUM BY THE HOME OFFICE INTRODUCTION 1. This Memorandum identifies the provisions of the Immigration Bill as introduced in the House of Lords which confer powers
More informationCROSSRAIL INFORMATION PAPER D2 CONTROL OF ENVIRONMENTAL IMPACTS
CROSSRAIL INFORMATION PAPER CONTROL OF ENVIRONMENTAL IMPACTS This paper sets out the controls that will be put in place, both in the Bill and outside it, to control the environmental impact of the construction
More information2. PROPOSED MODIFICATIONS TO THE PROCEDURAL REGULATION ARTICLE
RESPONSE TO THE EUROPEAN COMMISSION S CONSULTATION ON PROPOSED MODIFICATIONS TO REGULATION 773/2004 AND THE NOTICES ON ACCESS TO THE FILE, LENIENCY, SETTLEMENTS AND COOPERATION WITH NATIONAL COURTS Freshfields
More informationBefore: THE HON. MR JUSTICE CRANSTON Between:
Neutral Citation Number: [2015] EWHC 287 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case No: CO/2263/2014 Royal Courts of Justice Strand, London, WC2A 2LL Date: 12/02/2015
More informationDo I need Planning Permission? Frequently Asked Questions
Do I need Planning Permission? Frequently Asked Questions N.B. This information is intended as a guide to residential use only. It does not apply to commercial premises. It is not a legal interpretation
More informationHISTORIC ENVIRONMENT CIRCULAR 1
HISTORIC ENVIRONMENT CIRCULAR 1 Contents INTRODUCTION... 5 GENERAL PRINCIPLES... 7 Scheduling and listing 7 Pre-application engagement 7 Historic Environment Scotland s role in the planning system 7 Scheduled
More informationOUTLINE PLANNING PERMISSION
Town and Country Planning Act 1990 OUTLINE PLANNING PERMISSION Agent/Applicant's Name & Address Mr. A. Allison, Ryland Design, Woodlands Business Centre, Lincoln Road, Welton, LINCOLN, Lincolnshire. LN2
More informationPLANNING AND BUILDING (JERSEY) LAW 2002
PLANNING AND BUILDING (JERSEY) LAW 2002 Revised Edition Showing the law as at 1 January 2008 (reissued 1 April 2009) This is a revised edition of the law Planning and Building (Jersey) Law 2002 Arrangement
More informationNPPF Case Law Update October 2017 John Arthur, Burges Salmon
NPPF Case Law Update October 2017 John Arthur, Burges Salmon Cases to be covered 1. Hopkins Homes / Cheshire East (Supreme Court, May 2017) 2. Reigate and Banstead BC (High Court, June 2017) 3. Barwood
More informationRESPONSE TO TACKLING ROGUE LANDLORDS AND IMPROVING THE PRIVATE RENTAL SECTOR
RESPONSE TO TACKLING ROGUE LANDLORDS AND IMPROVING THE PRIVATE RENTAL SECTOR About the RLA The RLA represents over 20,000 landlords across England & Wales. Primarily our members are landlords in their
More informationGUIDANCE FOR CASE EXAMINERS The purpose of this guidance 1. The General Optical Council (GOC) recognises that it is important that patients, registrants, professional and representative organisations,
More informationChild Protection (Offenders Prohibition Orders) Act 2004 No 46
New South Wales Child Protection (Offenders Prohibition Orders) Act 2004 No 46 Contents Part 1 Part 2 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Definitions 2 Child protection prohibition orders
More informationEnforcing Security in Scotland
A Shepherd and Wedderburn guide INTRODUCTION As a starting point, it is worth mentioning that the methods of taking security over property in Scotland and England are different. Scots law does not recognise
More informationChallenges to Development Plans new plans, new problems; The Planning and Compensation Bill
Challenges to Development Plans new plans, new problems; The Planning and Compensation Bill By Alice Robinson 1 and Joanne Clement 2 Legal challenges the present law Challenges to a development plan must
More informationPlanning Policy Advisory Committee. St Ives Area Neighbourhood Development Plan: Plan Proposal Decision
Report to: Planning Policy Advisory Committee Date: 17 March 2016 Title: Portfolio Area: Divisions Affected: St Ives Area Neighbourhood Development Plan: Plan Proposal Decision Planning St Ives East, St
More informationBefore: MR JUSTICE WYN WILLIAMS Between:
Neutral Citation Number: [2014] EWHC 836 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case No: CO/1070/2013 Cardiff Civil Justice Centre 2 Park Street, Cardiff, CF101ET
More informationPLANNING SUMMER SCHOOL
PLANNING SUMMER SCHOOL ENFORCEMENT OF PLANNING CONTROL Celina Colquhoun LLB 3 GRAY'S INN SQUARE 1. Planning Powers I - POWERS Local Planning Authority s s principal enforcement powers under Town and Country
More informationUnit 5 : ADJUDICATION
Unit 5 : ADJUDICATION WHAT IS ADJUDICATION? Adjudication is a quick and inexpensive process in which an independent third party makes binding decisions on construction contract disputes. The adjudicator
More informationThe Planning Inspectorate. Making your enforcement appeal
The Planning Inspectorate Making your enforcement appeal Revised edition November 2004 Planning Inspectorate Quality statement We aim to provide the following in the appeal process: clear, prompt and polite
More informationSubchapter 8 Group Homes
Subchapter 8 Group Homes Sections: 35.8.1 Purpose 35.8.2 Use and Operation. 35.8.3 Qualification. 35.8.4 Specific Use Permits. 35.8.5 Licenses. 35.8.6 Location of Assisted Living Facility, Group Home for
More informationPlanning Enforcement in Wales Getting the Notice right Peter Burley Chief Planning Inspector
Planning Enforcement in Wales 2012 Getting the Notice right Peter Burley Chief Planning Inspector Why? Because the LPA has identified that there has been a breach of planning control AND It considers that
More informationCONTROL OF HOUSING AND WORK (JERSEY) LAW 2012
CONTROL OF HOUSING AND WORK (JERSEY) LAW 2012 Revised Edition Showing the law as at 1 January 2018 This is a revised edition of the law Control of Housing and Work (Jersey) Law 2012 Arrangement CONTROL
More informationAdjudication Lifecycle
DAC Beachcroft Expertise Pre-Action Is there a construction contact? Is it subject to the Housing Grants Construction and regeneration Act 1996 (the Act )? Is the dispute ready to be referred to adjudication?
More informationProtocol Relating to Legal Representation at Public Expense
Protocol Relating to Legal Representation at Public Expense Introduction 1. This Protocol relates to: a. applications by persons who claim to be eligible under section 40(3)(a) or 40(3)(b) of the Inquiries
More informationBefore: MR JUSTICE HOLGATE Between: Crown Estate Commissioners. Mr. and Mrs.
Neutral Citation Number: [2015] EWHC 3437 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT PLANNING COURT Case No: CO/2629/2015 Royal Courts of Justice Strand, London, WC2A
More information07/03/2018. Cases. Case law update Kate Ashworth. Forest of Dean District Council and Resilient Energy Serverndale Limited v R(Peter Wright)
womblebonddickinson.com Cases Case law update Kate Ashworth 1. Community benefit as a material consideration: Forest of Dean District Council and Resilient Energy Serverndale Limited v R (Peter Wright):
More informationStatus: This is the original version (as it was originally enacted). ELIZABETH II c. 19. Employment Act CHAPTER 19 PART I TRADE UNIONS
ELIZABETH II c. 19 Employment Act 1988 1988 CHAPTER 19 An Act to make provision with respect to trade unions, their members and their property, to things done for the purpose of enforcing membership of
More informationLiquor Licensing. Standard Operating Procedure
Liquor Licensing Standard Operating Procedure Notice: This document has been made available through the Police Service of Scotland Freedom of Information Publication Scheme. It should not be utilised as
More informationNursing and Midwifery Council:
Nursing and Midwifery Council Fitness to Practise Committee Substantive Hearing 6 March 2018 Nursing and Midwifery Council, 114-116 George Street, Edinburgh, EH2 4LH Name of registrant: Deborah Iris Gallagher
More informationAPPLICATION TO EXTEND COMPLIANCE PERIOD OF A BREACH OF CONDITION NOTICE REGARDING ACCESS TO RESIDENTIAL STATIC CARAVANS
Enforcement Ref: 08/00446/COMPCH APPLICATION TO EXTEND COMPLIANCE PERIOD OF A BREACH OF CONDITION NOTICE REGARDING ACCESS TO RESIDENTIAL STATIC CARAVANS AT 24 Gun Lane, Sherington, Newport Pagnell Ward:
More informationThe Memorandum and Articles have been approved by the Charity Commission as acceptable for charitable registration.
NUS MODEL MEMORANDUM AND ARTICLES OF ASSOCIATION (Version 1: Students as company law members) EXPLANATORY NOTES (2016) NOTE: The Model Memorandum and Articles and Explanatory notes are only for use by
More informationNOTICE OF DECISION. Town and Country Planning Act 1990 (as amended) Town and Country Planning (Development Management Procedure) (England) Order 2010
NOTICE OF DECISION Town and Country Planning Act 1990 (as amended) Town and Country Planning (Development Management Procedure) (England) Order 2010 Decision : Application no: Type of application: Site
More information4. This guidance is a public document and is available from the GOC s website at:
GUIDANCE FOR CASE EXAMINERS The purpose of this guidance 1. The General Optical Council (GOC) recognises that it is important that patients, registrants, professional and representative organisations,
More information3. The Town and Country Planning (Referrals and Appeals) (Written Representation Procedure) (Wales) Regulations 2015
Explanatory Memorandum to: 1. The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2015 2. Planning (Listed Building and Conservation Areas) (Wales) (Amendment) Regulations
More informationThis permission is granted subject to the following Conditions and Reasons why they have been imposed
Outline Application Grant Conditionally Robert O' Callaghan Architects Ivy House Church Street Churchover Rugby Warks CV23 0EW Charnwood Borough Council Development Management, Southfield Road, Loughborough,
More informationHealth and Social Work Professions Order 2001
Health and Social Work Professions Order 2001 CONSOLIDATED TEXT incorporating repeals and amendments made up to 1 st April 2014 This consolidated text has been produced for internal use by the Health and
More informationA LEADING LAW FIRM WITH A APPROACH
A LEADING LAW FIRM WITH A APPROACH RTPI EVENT 2011: PLANNING LAW NEW DIRECTIONS Enforcement Update Stephen Dagg Robert Fidler v. (1) Secretary of State for Communities Section 171B(1) Where there has been
More informationConduct and Competence Committee Substantive Hearing
Conduct and Competence Committee Substantive Hearing 22 July 2016 Nursing and Midwifery Council, 61 Aldwych, London WC2B 4AE Name of Registrant Nurse: NMC PIN: Nomathemba Amanda Primrose Socikwa 10G0506E
More informationDecision 156/2011 Mr Ralph Lucas and the University of Glasgow
Information relating to graduating students Reference No: 201000572 Decision Date: 8 August 2011 Kevin Dunion Scottish Information Commissioner Kinburn Castle Doubledykes Road St Andrews KY16 9DS Tel:
More informationDesign Life Warranties and Fitness for Purpose in Construction Contracts: the Position in Australia and England
May 2016 Practice Group: Real Estate Design Life Warranties and Fitness for Purpose in Construction Contracts: the Position in Australia and England By Sandra Steele, Belinda Montgomery and Julia Kingston
More informationIMMIGRATION. Pricing Information
IMMIGRATION Pricing Information This document sets out the pricing guidance for initial UK immigration applications. Please note that the Firm does not offer advice about asylum applications. Immigration
More informationA guide to GMC investigations and fitness to practise proceedings
A guide to GMC investigations and fitness to practise proceedings Contents Introduction 2 What is the GMC s role? 3 Stage 1 Initial complaint 5 Stage 2 Formal investigation 6 Stage 3 Conclusion of investigation
More informationBefore : MR JUSTICE DOVE Between :
Neutral Citation Number: [2018] EWHC 1933 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case No: CO/5876/2017 Royal Courts of Justice Strand, London, WC2A 2LL Date: 25/07/2018
More informationConsultation. Civil Procedure Rules: Costs Capping Orders
Consultation Civil Procedure Rules: Costs Capping Orders Response of Browne Jacobson LLP 22 October 2008 Contents Contents... 1 Introduction... 2 Browne Jacobson LLP... 2 Interest in the Consultation...
More informationEnvironmental Law and Planning Update
Environmental Law and Planning Update Planning Law and Practice Conference David Elvin Q.C. 29 March 2007 Introduction 1. In this paper I address the following recent developments and the area of environment
More informationStandard Licence Agreement for a Catering Concession at an Event
2014 Standard Licence Agreement for a Catering Concession at an Event NCASS This Licence agreement is intended for guidance purposes only and advice should be sought from an independent legal representative
More informationPlanning Act (Northern Ireland) 2011
Planning Act (Northern Ireland) 2011 2011 CHAPTER 25 An Act to make provision in relation to planning; and for connected purposes. [4th May 2011] BE IT ENACTED by being passed by the Northern Ireland Assembly
More informationTHE ORISSA DISTRIBUTION AND RETAIL SUPPLY LICENCE, 1999 (WESCO)
THE ORISSA DISTRIBUTION AND RETAIL SUPPLY LICENCE, 1999 (WESCO) (NO. 4/99) (Issued under OERC Order Dt. 31.03.99 in Case No. 25/98) Western Electricity Supply Company of Orissa Limited Registered office:
More information