Exempted Development in UK Law

Leading Cases
  • Buckinghamshire County Council and Others and Others v Secretary of State for Transport High Speed Two Ltd (Interested Party)
    • Queen's Bench Division (Administrative Court)
    • 15 Marzo 2013

    The very concept of a framework, rules, criteria or policy, which guide the outcome of an application for development consent, as a plan which requires SEA even before development project EIA, presupposes that the plan will have an effect on the approach which has to be considered at the development consent stage, and that that effect will be more than merely persuasive by its quality and detail, but guiding and telling because of its stated role in the hierarchy of relevant considerations.

  • HS2 Action Alliance Ltd and Another v Secretary of State for Transport High Speed Two (HS2) Ltd (Interested Party)
    • Queen's Bench Division (Administrative Court)
    • 06 Agosto 2014

    That the safeguarding directions do not constitute a "framework of planning policy" – the concept referred to by Lord Sumption in paragraph 122 of his judgment in the previous proceedings – is simply a matter of fact. They do not alter the provisions of any development plan document, or any statement of government policy or guidance. Neither in form nor in substance do they amount to a framework of policy.

  • Mon Tresor Ltd and Another v Ministry of Housing and Lands (Mauritius)
    • Privy Council
    • 09 Junio 2008

    (e) Where there are no comparable sales resort may be had to the residual value method. This should be reserved for exceptional cases and will not be applied where the open market value is otherwise ascertainable by such assessments as a spot valuation: Cripps on Compulsory Acquisition of Land, 11 th ed (1962), para 4-200. As the Lands Tribunal stated in Perkins v Middlesex CC (1951) 2 P & CR 42:

  • Campbell Court Property Ltd v Secretary of State for the Environment, Transport and the Regions
    • Queen's Bench Division (Administrative Court)
    • 09 Febrero 2001

    I realise that what takes place on the ground cannot be conclusive and agree with Ms Robinson's submission that caution has to be exercised because landowners may choose not to implement the whole of a planning permission, and may carry out development in breach of planning control. But if the documentary evidence is sparse, I do not see why the purported implementation of a planning permission on the ground, if done without any complaint over many years, should be altogether ignored.

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Legislation
  • The Town and Country Planning (General Permitted Development) (England) Order 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... (c) (c) the Secretary of State has given a direction under regulation 4(4) of those Regulations that the development is exempted from the application of those Regulations. . (11) Where— . (a) (a) the local planning authority has adopted a screening opinion under regulation ......
  • Finance Act 2019
    • UK Non-devolved
    • 1 de Enero de 2019
    ...... (a) any planning permission or development consent required for the works, or for any change of use with which they ... (b) the gain is not one falling to be exempted as a result of the application of either of those sections following a ......
  • Housing Act 1985
    • UK Non-devolved
    • 1 de Enero de 1985
    ......a new town corporation or the Development Board for. Rural Wales;. . . . b . ) ‘new town corporation’ means ...of five years there is a relevant disposal which is not an exempted. disposal (but if there is more than one such disposal then only on. the ......
  • Caravan Sites and Control of Development Act 1960
    • UK Non-devolved
    • 1 de Enero de 1960
    ......expedient for the purpose of drawing the attention of the public to. the order. Sites occupied and supervised by exempted organisations . Sites occupied and supervised by exempted organisations. . SCH-1.4 .   . 4. Subject to the provisions of paragraph 13 of this ......
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Books & Journal Articles
  • Get-Rich Quick scheme: Malaysian current legal development
    • Núm. 28-1, Marzo 2021
    • Journal of Financial Crime
    • 49-59
    Purpose: In Malaysia, Get-Rich-Quick scheme (GRQS) is one of the financial fraud activities prohibited under Malaysian law. The common facet of such schemes involves plans that promise unrealistic ...
    ...... in GRQS.More importantly, Australia regards the offense as a strict liabilityoffensewhere the mens rea or guilty mind of the perpetratorsis exempted. Indeed, numerous proceedings have beeninstitutedin the Australian Court against the operators and participants of GRQS.Originality/value –This ......
  • Accessibility of services and discrimination
    • Núm. 15-1-2, Marzo 2015
    • International Journal of Discrimination and the Law
    Today, the field of accessibility to services for persons with disability is often exempted from protection against discrimination under European Union (EU) member states’ legislation, and it is st...
    ...... of accessibility to services for persons with disability is often exempted from protection against discrimination under European Union (EU) member ...] would be based on the development of standards and would follow a universal design approach.’’ 42 ......
  • Exam notice.
    • Núm. 2005, Febrero 2005
    • Financial Management (UK)
    • Calendar
    ...... will see the subjects that you have passed (or from which you are exempted) and the credits you will receive for the new syllabus. . * ClMA nal Development Certificate in Business Taxation . CIMA is launching a series of CPD ......
  • Book Review: International Relations: Imperialism and Global Political Economy
    • Núm. 10-1, Enero 2012
    • Political Studies Review
    ......traces the origins and development of capitalism. Call-. ...terrorism and so on have exempted military and. ......
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Law Firm Commentaries
  • STOP PRESS: Permitted Development Rights - Change of Use from Office to Residential
    • JD Supra United Kingdom
    Hot on the heels of the recent dismissal of the High Court challenge by the London Borough of Islington and others into the exempted areas, Nick Boles, (the Planning Minister) has issued a Minister...
    ...... . . . Hot on the heels of the recent dismissal of the High Court challenge by the London Borough of Islington and others into the exempted areas, Nick Boles, (the Planning Minister) has issued a Ministerial Statement in respect of the “disproportionate” use of Article 4 directions ......
  • Permitted Development Rights - Change of Use
    • JD Supra United Kingdom
    These permitted development rights were announced by Eric Pickles in January 2013 as one of the measures promoted by the government last year to increase the national housing supply. They came into...
    ......, Camden, Lambeth and Richmond upon Thames into the procedure and criteria used by the government to determine which areas should be exempted from these permitted development rights, - was dismissed, in December last year. This now leaves the option of Article 4 Directions to withdraw the ......
  • Further Alterations To The London Plan: Employment Related Changes
    • Mondaq UK
    ...... to provision of new office space within or nearby the development could be required (subject to local demand). Similarly, the FALP also ... rights for changes of use from offices to residential outside exempted areas. A further amendment of note is recognition for the potential ......
  • Two Become One
    • Mondaq UK
    ...... Certain operations of uses of land are not regarded as 'development' by virtue of s55(2) TCPA. Under s55(2)(f) TCPA and Art 3(1) of the Town ... to a material change of use but, even if it did, it would be exempted from being 'development' by the Use Classes Order. In reaching a ......
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