Index
| Author | William Webster |
| Pages | 643-666 |
Index
References are to page numbers.
Administrative regime: overview 1–19 introduction 1
in London: introduction 6, 12–19, 50,
123 n1
LPAs: introduction 6–11, 123 n1 miscellaneous powers: introduction
9–11
Secretary of State: introduction 1–6 see also Planning Inspectorate
(PINS): introduction
in Wales: introduction 1, 2, 7, 27 n22,
50, 123 n1, 221 n17, 226 n5 Advertisements 125 n7, 276–277 areas of special control 2, 444–445 Affordable housing: particular aspects in London 13 n64, 15 n74, 51 n105 NPPF July 2018 revision and 454–
455, 462
see also Viability, NPPF and occupancy restrictions and see
Occupancy restrictions
planning obligations and see Planning obligations, affordable housing and rural exception sites 385, 455, 631, 632 starter homes 212, 454 n15
viability assessment and see Viability see also Housing policy: introduction;
Travellers and gypsies, planning issues; Viability
Agriculture
introduction: meaning 92–93 blight notices and 227, 228, 229 farm dwellings 149, 189, 279
AOCs 194–195
fish farming 118
GPDO and 114–116, 118–119 grazing of livestock under rights of common 490 n2
hedgerows and 410 n41
highways and 538, 596
new buildings in Green Belt 353, 356,
357–358
NIAs and 379 n25
scope of exclusion from development control
demolition of buildings 86 n20 development 84, 91
use 85, 91, 92–93, 313–314
solar farms 395
tenancies
grant, and ACVs 483
notification of planning applications to tenants 125, 140
wind farms see Wind energy
see also Forestry
Air quality 114 n42, 146, 391–392 Alternative use value (AUV) 238 Amusement arcades or centres 94 n 61, n 63, 113
Ancient monuments see Scheduled monuments
Ancient woodlands 355, 376–377, 390,
463
Animals
dog-walking 504–505, 510–511 on highways: overview 526 horses see Horses
on village greens 490
644 Planning Law: A Practitioner’s Handbook
Animals (continued)
wildlife see Areas of Special Protection
(AoSPs); Birds, European protected sites; Conservation of the natural environment: overview; Habitats, European protected sites
see also Agriculture
Appeals
to Secretary of State 275–284 introduction 2–3, 275–276 approach to planning officers’ reports
293–295
challenges to Secretary of State’s decision see High Court, challenges to decisions of Secretary of State: introduction Commercial Appeals Service 276,
278 n16, 282
costs of 281–283, 406
ex gratia compensation for errors by
PINS 277 n10
Householder Appeals Service 276,
278 n16, 282
procedure 276–281
recovered appeals 3, 277, 638–641 withdrawal 282 n29, 283
other appeals see individual topics
other challenges to decisions see
High Court and individual topics
Archaeological interest, assets of 106,
415, 421, 515–516
see also Heritage assets; Scheduled monuments
Areas of Great Landscape Value
(AGLVs) 355, 377
see also Special landscape areas Areas of outstanding natural beauty
(AONBs) 2 n12, 355, 371–373 GPDO and 112 n38, 113 n40, 114 n42, 117 n45, 119 n46, n47, 120 n48, 121 n49
mining operations in 106
NPPF and 24 n12, 54 n119, 142 n78,
161 n130, 371–373, 385, 389, 395 occupancy restrictions in 190–191 n34 as sensitive areas in EIA context 337 n13
Areas of special control (of advertisements) 2, 444–445
Areas of Special Protection (AoSPs)
377
see also Birds, European protected sites Article 4 directions: introduction 2,
102–103, 121–122
Assembly and leisure
cultural and recreational interests,
ACVs and 467
GPDO and 112, 116, 117
new facilities in Green Belt 353, 366–
367
PSI applications in London 18 use class D2: meaning 99
see also Country Parks; Sport Assets of community value (ACVs)
465–488
introduction 465–470
land which cannot be listed 469,
470–472
listing reviews 476–477 publication and inspection of lists
478
removal from list 467, 475, 476,
477, 488
compensation 484–486
demolition 86 n20
drinking establishments 86 n20, 109 n34, 468 n14, 469–470 n17, 471 moratorium on disposals 465, 478–
484, 485, 486–487 prevention of unlawful disposals
486–488
nomination 465, 472–474 post-nomination procedure 474–
476
unsuccessful nominations 477–478 relationship with planning control 86 n20, 109 n34, 466, 468 n14, 469– 470 n17, 482
Aviation 16, 27 n23, 595
Benchmark land value see Viability, land value
Betting offices 94 n61, 110, 111, 112–
113, 117
Index 645
Birds, European protected sites 346, 348 n12, 355, 375, 381–382
Natura 2000 379
NPPF and 24 n12, 54 n119, 142 n78,
161 n130, 385, 390
as sensitive areas in EIA context 337 n13
see also Areas of Special Protection
(AoSPs); Conservation of the natural environment: overview; Habitats, European protected sites Blight notices 227–229
boats, and CLEUDs 330–331 n32
see also Movable dwellings
BOATs (byways open to all traffic) 527,
541, 594–595
DMS and: introduction 598–604 see also Definitive map and statement
(DMS); Highways
Breach of condition notices 299, 303–
304, 317, 621
Bridges 421 n10, 524 n7, 548 n134 Bridleways 526, 539–540, 541–542,
548, 564, 598
DMS and: introduction 598–604 extinguishment under particular provisions 580–582, 583, 587– 595, 596
see also Definitive map and statement
(DMS); Highways
Broads, the
introduction 8, 123 n1, 221 n17, 375 n21, 376
GPDO and 112 n38, 113 n40, 114 n42, 117 n45, 119 n46, n47, 120 n48, 121 n49
highways and 538 n80, 539 n91, 587 n352, 589 n364
NPPF and 24 n12, 54 n119, 142 n78,
161 n130, 385, 389
as sensitive areas in EIA context 337 n13
see also National Parks
Brownfield land
NPPF and 25, 354, 356, 358–359, 360, 388
July 2018 revision 452, 455, 462
PiP and 134–135 n 49, 135, 137 traveller sites and 633
Building operations (as operational development): meaning 81 n3 Building preservation notices 438–439 Building regulations 2, 86 n20, 185, 326 n5, 552, 559
Burden of proof
extent of breach of TPO and 408 n24 private streets and 555 n169
whether term applicable to planning appeals 281
Burial grounds
attached to places of worship 559 cemeteries in Green Belt 353 Businesses
ACV moratorium period and 482 ‘agent of change’ principle and 463 business areas, and neighbourhood planning 68, 69, 77 n59 businesses suffering loss from public nuisance 572
extinguishment of adjoining highways and 577
GPDO and 112, 113, 116, 117, 120 PSI applications in London 17
on unlawfully occupied land 625
use class B1: meaning 96
mixed light and general industrial use
97
see also Commercial Appeals Service Byways see BOATs (byways open to all traffic); Restricted byways
Cables 85, 118, 120
Cafés see Restaurants and cafés
Canal undertakers, private street works and 559
Caravans
GPDO and 117–118
land use classification and 90, 92,
313–314
licensing of residential sites 118, 471,
617
stop notices and 322
traveller sites see Travellers and gypsies see also Movable dwellings; Vehicles
646 Planning Law: A Practitioner’s Handbook
Care homes see Residential institutions Cars see Vehicles
Casinos 94 n61, 110, 112, 113 Cemeteries see Burial grounds Certificates of lawfulness 325–331 challenges to refusal or nondetermination of application
by applicant 3, 131, 329–330
by third party 330 n27 enforcement action, relationship with
317, 326, 327
of existing use or development
(CLEUDs): overview 325–328 of proposed use or development: overview 328–329
of proposed works to listed building
436
registration 131, 328, 331 revocation 329
Change of use 86–99
introduction 22, 82–83, 86–90, 107,
154–155, 189, 463
activities not constituting a material change 91–99
certain uses for agriculture or forestry 85, 91, 92–93, 313– 314
certain uses within curtilage of dwelling-house 85, 91–92 uses within same class 93–99 analysis of situations: examples 90–
91, 313–314
dwelling-houses, conversion into separate units 88, 90, 94, 297, 298–299 n7, 319 n114, 621 GPDO and 108–116, 121 unauthorised change of use to dwelling house, time limit for enforcement action 298
see also Discontinuance orders;
Planning control: overview;
Planning permission; Use classes Charging orders 214 n53, 224 Churches
expenses of private street works and
559
land use classification and 99
listed building control and 420 redundant or closed churches 420,
484
Cinemas 99
see also Film-making
City of London, PSI applications in 15 see also London
Cleaning up see Notices to remedy condition of land; Waste
Climate change see Coastal erosion;
Flood risk; Renewable energy Coastal erosion 596
NPPF and 24 n12, 54 n119, 142 n78,
161 n130, 385
Coasts see Birds, European protected sites; Coastal erosion; Flood risk; Habitats, European protected sites, offshore; Heritage Coasts; Marine Conservation Zones (MCZs); Marine Management Organisation; Marine Nature Reserves (MNRs); Ramsar sites; Sensitive Marine Areas (SMAs); Wrecks, protected sites Colleges 121
see also Education, premises used for;
Non-residential institutions;
Residential institutions Commercial Appeals Service 276, 278 n16, 282
Common land and TVGs see Village greens
Community benefit societies 473 Community Infrastructure Levy (CIL)
12 n62, 32 n45, 66, 140 n70, 217– 224, 232, 240–242, 243 highways and 220 n8, 612–613 planning obligations and 201–205,
217–218, 219, 220, 224 Community interest companies 473 Community interest groups see Assets of community value (ACVs), moratorium on disposals Community right to bid see Assets of community value (ACVs) Community right to build orders 66, 70,
354
Community right to buy (Scotland) 465
Index 647
Companies
ACV scheme, and various types 472,
473, 483
strategic highways companies 539,
541, 542, 613
whether benefit of planning condition should be limited to 189 Compensation
applications for consent under TPOs and 406–407
building preservation notices and 439 for compulsory purchase
listed buildings and 439–440 purchase notices and 226
cost to public of, whether a material planning consideration 149 discontinuance orders and 181–182 ex gratia, for errors by PINs on planning appeals 277 n10 highways and 540, 551, 577 n294,
578–579, 589, 590, 591, 594,
595
relating to ACVs 484–486 revocation or modification of listed building consent and 438 revocation or modification of planning permission and 181
stop notices...
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