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Litigation
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>>> Town and Country Planning
Town
& Country Planning Legislation affects each
and every one of us, as individuals and commercial
concerns both directly and indirectly. There are
controls which affect use of land for supply of
food, services, commerce, recreation, shopping
and industrial concerns of all types. As there
are changes in society then the need for the reasoning
behind Town & Country Planning must change
with the requirement to resolve the conflicts
which arise in a developed society.
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'Town
& Country Planning' factsheet
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this information / factsheet |
PLANS
There
is a duty on a Local Authority for the preparation
of plans and policies which will underpin and
form the basis of all planning decisions. A structure
plan must be prepared which should concentrate
housing, the rural economy, urban and industrial
developments, transport, minerals, waste treatment
and disposal, land reclamation and other matters.
A
local planning authority must prepare a structure
plan and to give consideration to key land use
issues taking into account all relevant policy
guidance notes issued by central government.
District
wide local plans are prepared by districts within
each county planning authority. A local plan must
be prepared within the overriding structure plan
parameters and must be in conformity with it.
The local plan is a more detailed indication of
the broad policies contained in the structure
plan and they focus down on smaller areas of the
land use which is considered in more detail.
DEVELOPMENT
Development
is defined under legislation as:
"The
carrying out of building, engineering, mining
or other operations in, on, under or over land
or the making of any material change in the use
of any buildings or other land".
When
land is acquired for development or otherwise
land use and current consents in respect of the
property is extremely important. A developer will
wish to ensure what it may do with the land; all
commercial concerns however large or small must
be satisfied that they are carrying out their
legitimate business lawfully and within the terms
of consents granted. In addition any purchaser
of land will want to know the way in which any
subject land is likely to be viewed in the future
for the purposes of a possible development.
Certain works can be carried out which are not
classed as development. However, certain alterations
in terms of building or land use definitely comes
within the definition of development and, therefore,
will need planning consent. It is up to the owner
or occupier of land and/or buildings to be clear
for what purposes the land or buildings can be
used and to make sure that all proper consents
exist at all times.
USE
CLASSES ORDER
The
Use Classes Order (UCO) places groups of uses
together (known as "Classes") and enables
owners and occupiers of land to change from one
use to any other provided the use remains within
the particular "Class". In those circumstances
there is no need to obtain planning consent. Freedom
to use the land does not include any building
or other operations that might need planning consent.
There
are eleven UCOs ranging from shops through financial
and professional services/food and drink/business/industrial
etc
PLANNING
APPLICATIONS
Each
local planning authority produces its own planning
application forms. A well prepared planning application
will help the process which the applicant is seeking.
A decision must be made as to whether an application
should be outline or a full application. There
are procedures whereby the local planning authority
will consider the application and time scale supply.
PLANNING
APPEALS
When
the local planning authority has come to a decision
on the application the applicant has the right
to challenge that decision, such challenge being
in the first instance the Secretary of State.
Planning
appeals can be dealt with in different ways initially
to be decided by the applicant. Appeals can be
dealt with by a "hearing" or by "written
representations".
When
the process has been exhausted there are further
steps that can be made to legally challenge a
decision of the Secretary of State by reference
to the Courts.
As
established Solicitors in the town Barker, Son
& Isherwood have been involved in advising
clients at all stages of the planning process
for many years. Our extensive local knowledge
and access to surveyors, planning experts and
barristers of the highest calibre all contribute
to enable us to provide a full planning service
to all clients. If you have any query about the
use of any land or buildings for particular purposes
then early study of the problem can avoid problems
at a later stage.
Planning
law relates also to areas involving advertisements,
minerals and waste disposal, compulsory and purchase
and compensation together with all aspects of
Environmental Law.
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