14 June 2010 Level 6 PLANNING LAW Subject Code L6-11 INSTITUTE OF LEGAL EXECUTIVES UNIT 11 PLANNING LAW * Time allowed: 3 hours plus 15 minutes reading time Instructions to Candidates You have FIFTEEN minutes to read through this question paper before the start of the examination. It is strongly recommended that you use the reading time to read the question paper fully. However, you may make notes on the question paper or in your answer booklet during this time, if you wish. All questions carry 25 marks. Answer FOUR only of the following EIGHT questions. The question paper is divided into TWO sections. You MUST answer at least ONE question from Section A and at least ONE question from Section B. Write in full sentences a yes or no answer will earn no marks. Candidates must comply with the ILEX Examination Regulations. Full reasoning must be shown in answers. Statutory authorities, decided cases and examples should be used where appropriate. Information for Candidates The mark allocation for each question and part question is given and you are advised to take this into account in planning your work. Write in blue or black ink or ball point pen. Attention should be paid to clear, neat handwriting and tidy alterations. Complete all rough work in your answer booklet. Cross through any work you do not want marked. Do not turn over this page until instructed by the Invigilator. * This unit is a component of the following ILEX qualifications: LEVEL 6 CERTIFICATE IN LAW, LEVEL 6 PROFESSIONAL HIGHER DIPLOMA IN LAW AND PRACTICE and the LEVEL 6 DIPLOMA IN LEGAL PRACTICE Page 1 of 8
SECTION A (Answer at least one question from this section) 1. (a) Explain what is meant by Environmental Impact Assessment (EIA) in planning law and describe any relevant procedures relating to applications for development which requires the submission of an environmental statement. (13 marks) (b) With reference to legal authority, explain the effect on a planning decision of a failure to carry out an EIA, where one is required. (12 marks) (Total: 25 marks) 2. Explain and evaluate the significance of the following under the Planning Act 2008, explaining any relevant procedures: (a) Infrastructure Planning Commission (IPC); (6 marks) (b) National policy statements (NPSs); (6 marks) (c) Development consent orders (DCOs). (13 marks) (Total: 25 marks) 3. Discuss the scope of the powers contained in s.226 of the Town and Country Planning Act 1990 for the compulsory purchase of land for planning purposes, explaining any relevant procedures for the acquisition of land in the event that the powers are successfully invoked. (25 marks) 4. Explain and evaluate the ways in which the system of development plans in England has been reformed by the Planning and Compulsory Purchase Act 2004. (25 marks) Page 2 of 8
SECTION B (Answer at least one question from this section) Question 1 Joe is the owner and occupier of a site of two hectares in area from which he carries on a garage and petrol filling-station business. The premises consist of two separate and unattached buildings, comprising a garage building and a showroom. The showroom is used for the display and sale of no more than 20 used cars. These are the only vehicles for sale on the site. Joe proposes to demolish the showroom. He intends to use the area thus cleared together with much of the rest of the site for the display for sale of at least 100 cars, trading as Joe s Bargain Used Car Supermarket. In the summer months Joe s wife, Freda, intends to sell light refreshments and drinks to the public, who will be able to consume the food and drink at tables and chairs set up outside the garage building. Elsewhere on the site, Joe intends to install a Three Minute Drive-in Car Wash. This will be an electrically operated device three metres in height and 10 metres in length. The device will have four wheels enabling its removal to another part of the site. The device can be dismantled and re-assembled. Joe wishes to place an old double-decker bus permanently at the entrance to the site. On the exterior of the bus he will paint the name of his business in large brightly-coloured words. He also wishes to display the logo of his business on a balloon 100 metres above the ground which will be tethered by a cable. Advise whether Joe and Freda s proposals will require the consent of the local planning authority. (25 marks) Turn over Page 3 of 8
Question 2 2. (a) Paul owns an architect-designed dwellinghouse built in 1955. The building is unlisted but is considered by experts to be a fine example of the modern architecture of the period. The local planning authority hear that Paul has plans to alter radically the structure of the house and they are anxious that the building should be preserved. (9 marks) 2. (b) Seema owns and occupies an early-victorian vicarage which is a listed building. The local planning authority hear that she is deliberately allowing it to fall into disrepair. The authority wishes to preserve the building. (8 marks) 2. (c) Without seeking any appropriate consent, Gavin repaints the exterior of his listed Georgian terraced house in a dark colour. The local planning authority are of the view that the colour used is out of keeping with the other houses in the terrace, which are painted in a light colour. The authority considers the works to be unauthorised and wishes the situation to be remedied. (8 marks) Discuss the measures that, under the planning legislation, the local planning authority may take in each of the three situations above. In each case, discuss the effect of the relevant procedures and the rights, if any, of the landowners involved. (Total: 25 marks) Page 4 of 8
Question 3 In January 2006, Emma obtained planning permission to change the use of her dwellinghouse in the seaside resort of Southbourne to use as a café-bar. The planning permission was subject to certain conditions, including the following condition: Condition 3. The food served in the café-bar must be of a quality considered suitable by the Southbourne District Council s leisure and tourism committee. The reasons given by the local planning authority for imposing the above condition were that it conformed with the Council s policies of promoting healthy eating and of providing a high standard of cuisine for visitors to the resort. In order to extend the area available for potential customers, Emma had constructed on the frontage of the property a conservatory without planning permission. This operation was fully completed, and the change of use from dwellinghouse to café-bar had been carried out by April 2006. Recently the local planning authority became concerned that Emma s establishment was serving food which was not, in their opinion, of a satisfactory standard. The authority also considered that the conservatory was seriously detrimental to the appearance and amenity of the street in which the premises were located. The local planning authority have now issued an enforcement notice and served a copy on Emma. The notice, which otherwise meets the formal requirements of the law, requires Emma to: (i) Secure compliance with Condition 3 of the planning permission; and (ii) demolish the conservatory, within five days of this notice coming into effect. Emma is unwilling to comply with the enforcement notice. Advise Emma as to the legal validity of Condition 3 above; and also as to any grounds she may have, and steps she may take, in order to resist carrying out the requirements of the notice, outlining any procedures relating to the enforcement of planning control involved. (25 marks) Page 5 of 8 Turn over
Question 4 Granby plc, an insurance company, has recently moved its headquarters offices to a large house and grounds within the village of Camberley, which is designated as a conservation area. No part of the premises is listed as a building of special architectural or historic interest. In the grounds of the house are the following: (a) A small inscribed stone of the Saxon period which has been scheduled as an ancient monument. Granby plc wish to remove the stone to a new location in the grounds; (b) An old greenhouse with a cubic content of 250 cubic metres which Granby plc wish to dismantle and remove; and (c) A coppice of saplings, not subject to a tree preservation order, which Granby plc would like to cut down so as to extend the area available for car parking. Advise Granby plc: 4. (a) Whether any consents are required in respect of the above proposals, and, if so, the statutory powers of the relevant authorities to grant or withhold consent and the procedures involved; (15 marks) 4. (b) Whether any statutory powers are available to the relevant authorities if each of Granby plc s proposals in (a) (c) above are carried out without having obtained any relevant consents. (10 marks) (Total: 25 marks) End of Examination Paper 2010 Institute of Legal Executives Page 6 of 8
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