Index
| Author | William Webster/Robert Weatherley |
| Pages | 555-572 |
References are to page numbers. ‘Profits’ means profits à prendre. Other abbreviations have the same meanings as in the list on pages xci–xcii.
Abandonment
easements and profits 52–53 highways not subject to 142, 195n1
Abatement, of nuisance 35, 53, 194 Access to adjoining land, for repairs rights ancillary to easements 6, 7, 31–
32, 38, 48
statutory schemes 40–44 Acquiescence
in breach of restrictive covenants 298,
301–302, 303, 318–319
element in ‘as of right’ use of land see
‘As of right’ use of land
Action estoppel see Res judicata
Adverse possession, highways not subject to 142, 217
Advertisements
planning law 384n17, 472, 472n7,
546–547
restrictive covenants 283
see also Signage
Affordable housing
discharge or modification of restrictive covenants 324n25, 328n37
local plans 430, 431, 434, 435, 436,
437, 513
planning obligations 458, 459, 550–
551
Agriculture
building in green belts 512, 515 covenants in management agreements
266
easements for purpose of 10n6, 26,
27, 29
landowners’ use of village greens for
66–67
planning law 389–390, 406–407, 409,
414, 426, 475
blighted land 467, 467n13, 468
housing 426, 451, 474
public rights of way 144n11, 149,
159, 166, 167n4, 216, 409
on SSSIs 524n53
tenancies 364, 406n37, 414, 421, 475 see also Animals; Forestry; Grazing
(pasturage)
Allotments 106, 346
Alternative dispute resolution 35, 277,
313–314, 551
Ancillary rights, and easements 3, 8,
31–32
access to adjoining land for repairs 6,
7, 31–32, 38, 48
Animals
dog-walking 98, 99, 115
field sports 23, 24
grazing (pasturage) 23, 24, 52, 63, 66,
68n16
hens and rabbits 321n17
horses see Horses
leading and driving 30n7, 68, 145,
221, 222
see also Agriculture; Sites of special scientific interest (SSSIs); Wildlife Appropriation of land 106–114, 126–
128, 204
see also Compulsory acquisition of land Archaeological sites 125, 400
Areas of outstanding natural beauty
(AONBs) 422n56, 429n83, 508n16, 522–523, 552
permitted development, exceptions
400, 405n35, 406nn36, 37, 408n38, 410nn39, 40, 41, 411n42
‘As of right’ use of land
prescriptive easements 12–13, 14–16, 17 public rights of way 105–106, 147,
149–150, 152–154
556 Restrictions on the Use of Land
‘As of right’ use of land (continued) village greens 64, 87, 90, 99–106,
118, 119–120
Assets of community value (ACVs)
343–375
alternative options 374–375 appraisal of scheme 371–375
basic outline of scheme 341–342 compared with village greens 345n11,
346n16, 371, 372n4 compensation 367–368, 371
land of community value 343–348,
372
exclusions 345, 347–348
listing reviews and appeals 355–356,
367, 369
moratorium requirements 359–365,
367, 374
‘relevant disposals’, meaning 359,
361–365, 372–373
nominations for listing 349–351 planning system, interaction 341, 363,
371, 373, 374
post-nomination procedure 353–357 removal of land from list 343, 354,
355, 356, 369–370
registration 368–370 unsuccessful nominations 354, 356,
357, 373, 374
Blight notices 466–469
Breach of condition notices 486, 489–
490, 496
Bridges 7, 143n1, 168n11, 174, 213 Bridleways 145, 158, 160, 168–169,
183n4, 186
definitive map 162, 219, 220, 221,
222, 223
diversion 201, 202, 205, 210, 213,
214–215
temporary 204, 216 extinguishment 196, 201, 202, 204,
205, 208, 212, 213
new laws 162, 223
see also Public rights of way
Broads, the
as national park see National parks planning law 413n1, 422n56, 429n83,
461n77, 508n16, 525
permitted development, exceptions
405n35, 406nn36, 37, 408n38, 410nn39, 40, 41, 411n42
public rights of way 158n65, 160n78,
208n89, 210n102
Brownfield land 513, 514, 515–522,
550
Building preservation notices 541–542 Building scheme covenants 239, 257–
259, 321, 324 Buildings
ACV scheme 343–348, 359n1 demolition see Demolition of buildings in green belts 512–513, 514, 515 brownfield land 513, 514, 515–522,
550
listed see Listed buildings meaning, in restrictive covenants
283–284
potentially landlocked 303, 310 scope of CIL 460–461
subsidence 38, 39–40, 528
vacant 451, 460, 542
on village greens 69, 123, 126
see also Rights of light; Rights of support; Scheduled monuments and entries for particular types of building
Burden and standard of proof abandonment of easements and profits
52
discharge or modification of restrictive covenants 321
planning appeal inquiries, term not apt for 475–476
registration of village greens 88 unreasonable withholding of consent
280
Burial grounds 107nn 145, 146, 179 cemeteries 512
‘By right’ use of land 99–100, 106, 120,
152
Bye-laws, and village greens 70, 110,
112, 113, 117, 118, 119–120 Byways
open to all traffic (BOATs) 145,
183n4, 214, 219, 221, 222 new laws 162, 223, 231 restricted see Restricted byways
Cables
easements 9, 45, 46, 48 planning law 383, 410, 411
Canals 180, 347, 362 Car parks see Parking
Caravans 348, 387, 389, 408–409, 499 see also Travellers
Carriageways 145n16, 146, 164n14,
185–186, 189
see also Public rights of way
Cars see Vehicles
Cemeteries 512
see also Burial grounds
Certificates of lawfulness 395–396, 418,
496, 501–504
on appeal against enforcement notice
496
existing use or development (CLEUDs)
396, 418
proposed use or development
(CLOPUDs) 395–396, 418 Change of use
easements 25–28, 29, 49–50 planning system see Material change of use
Charitable purposes, land held for 271–
273, 460
Choses in action 246 Churches
ACV scheme 346, 364
planning law, use classification 395 private street works 179
redundant churches 364n39, 539
see also Burial grounds
Civil aviation 215, 291n71
Clearance
notices requiring condition of land to be remedied 531–532
slums 51, 267, 467n10
Coast
erosion, public rights of way 216 protection 422n56, 429n83, 524n53 see also European sites, marine sites;
Flooding, locations at risk of;
Foreshore
Commercial Appeals Service 472, 476 Common land 23–24, 106, 107, 125 driving on 33
see also Village greens
Community forests 513
Community Infrastructure Levy (CIL)
234, 459–463, 551
enforcement 462–463
interaction with planning obligations
459
Community right to bid see Assets of community value (ACVs) Community Right to Build Orders 513
Community right to reclaim land 374 Compensation
access orders 42
acquisition of land for slum clearance
51, 267
ACV scheme 367–368
building preservation notices 542 compulsory acquisition of land
233n2, 268–269, 336, 542 discontinuance of planning permission
445
drilling and fracking 45n98 enforcement notices and stop notices
489, 499
extinguishment of public rights of way
200, 209, 211, 214, 215
listed buildings 541, 542 overriding of restrictive covenants
267–268, 336
public path creation orders 160 purchase in response to purchase notice
465
revocation or modification of planning permission 444
termination or modification of restrictive covenants 328, 330–332, 336–337
TPOs 527–528
withdrawal of permitted development rights 398
Competition law 289–291 Compulsory acquisition of land 51, 215,
233, 363–364, 375, 510
Crichel Down rules 363, 375 effect on restrictive covenants 268–
269, 336–337
registration of village greens, incompatibility 70, 120–121
see also Appropriation of land; Blight notices; Purchase notices Computer cables 46
Conditional planning permission see
Planning permission, conditions Conservation, of the natural environment
505–535
areas of outstanding natural beauty
(AONBs) 422n56, 429n83, 508n16, 522–523, 552
permitted development, exceptions
400, 405n35, 406nn36, 37, 408n38, 410nn39, 40, 41, 411n42 environmental impact assessments
(EIAs) 399–400, 417, 424, 505–509
558 Restrictions on the Use of Land
Conservation, of the natural environment (continued)
green belts see Green belts hedgerows 243, 532–535 management agreements 266, 509,
524
national parks see National parks notices requiring condition of land to be remedied 531–532
sensitive areas 507, 508
SSSIs see Sites of special scientific interest (SSSIs)
tests for de-registration of village greens 125
tree preservations orders (TPOs) 418,
476, 526–531
urban development 508n15 wildlife see Wildlife Conservation areas 415n13, 486,
494n83, 543–547
contrasted with listed buildings 543 not ‘localities’ in context of village greens 91–92
permitted development, exceptions
405n35, 408n38, 410nn39, 40, 41, 411n42, 412, 546
trees in 418, 530–531, 547 Conservation boards see Areas of outstanding natural beauty (AONBs) Court of Appeal 321, 495
Covenants
in leases see Leases, covenants in negative (freehold land) see Restrictive covenants (freehold land)
positive (freehold land)
contrasted with negative: overview
241–243, 250–251 enforceability 241–243, 245–247,
261, 263, 266
registration 241n3, 242nn4,6,
247n11, 261
Crichel Down rules 363, 375 Crown, the
ACV scheme 341
permitted development rights 401 public rights of way 148, 151, 154 rights of light 17, 18
village greens 117, 119
see also Foreshore
Culs-de-sac 144, 214
Cycling
cycle tracks, and definition of carriageways 145, 185n12
electrically assisted pedal cycles
221n12
Dangerous structure orders 543 Declaratory relief
easements and profits 14, 31n17 lawfulness of use or development of land, wrong remedy 396 registrability of land as village green, wrong remedy 81n43 restrictive covenants 277, 311,
313n62
Defence, land used for purposes of 215 see also Military explosives storage areas Definitive map see Public rights of way, definitive map
Defra (Department for Environment,
Food & Rural Affairs), guidance public rights of way 198, 199, 200,
202, 214
village greens 86–87, 125 Demolition of buildings abandonment of easements 52 ACV scheme 359n1
attempts to circumvent TCPA 1990, s 247 198
building preservation notices 541–
542
conservation areas 546
listed buildings 538–539
orders for, as remedy for breach of covenant 277, 300–301, 303, 311 party walls 43
planning law 384, 399, 439, 445–446,
486
enforcement notices 492, 493, 494,
498
rights of support 37, 39
see also Buildings
Development consent orders 145 Development control 381–396
basic principles 381–384
blight notices 466–469 certificates of lawfulness 395–396,
418, 496, 501–504
on appeal against enforcement notice
496
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