Planning law Books

Book SynopsisThis handbook explores the FAC-1 Framework Alliance Contract as a multi-party umbrella that connects the team members engaged on any project or programme of works, services or supplies. It explains the FAC-1 processes for planning, joint working, contract award, performance review, problem-solving and shared learning, and it illustrates how FAC-1 helps to attract investment, motivate innovation, improve value, manage risks and achieve net zero carbon targets. FAC-1 has been adopted on procurements worth more than £100 billion in the UK and in other jurisdictions, and this handbook explains what is different about FAC-1, how it is used in practice, and how it works clause by clause. With 30 case studies and 46 practice notes, the handbook provides an introduction for those who are new to FAC-1, a refresher for current users, and practical tips for teams engaged on any FAC-1 project or programme of works, services or supplies in any sector. This handbook is designed for use by framework providers, clients, designers, managers, contractors, specialists, operators and legal advisers. It includes the features of FAC-1 as a ‘Gold Standard’ framework contract recommended by the UK government, and it explains how it can improve the efficiency of digital information management. It also provides templates, diagrams and checklists that show how to complete FAC-1, how to use it alongside FIDIC, JCT, NEC, PPC and TAC contract forms, and how to bring its relationships and processes to life.Trade Review“An essential travelling companion for those in the FAC-1 team, with Professor Mosey as your expert tour guide.”— Julian Bailey, partner at Jones Day and author of Construction Law (3rd edition); “Collaboration is core to Constructing Excellence and is fundamental to enabling successful project delivery. Collaborative contracts such as FAC-1 are crucial for setting projects up for success, enabling all parties to work together to achieve better outcomes. This handbook provides excellent guidance to support the effective use of FAC-1.”— Alison Nicholl, head of Constructing Excellence; “FAC-1 is a truly transformative contract that delivers up new relationships throughout the supply chain, whilst introducing shared systems and an effective approach to risk. This FAC-1 handbook enables all parties to a project or programme of works to understand their roles and responsibilities in creating an alliance capable of delivering safe, quality and value for money project outcomes.”— Rebecca Rees, partner at Trowers & Hamlins; “Professor David Mosey’s new handbook on FAC-1 Alliance Contracting will, I believe, be an essential catalyst in helping clients and industry supply chains actively work together to deliver the new ways of working that are required to unlock the vision of a social and productivity revolution that our industry needs.”— Terry Stocks MBE FICE, director at Faithful+Gould; “This handbook should become the best friend of everyone, in every sector of the construction industry, who wants to make a real difference. It explains in detail how to get the best out of FAC-1 using modern procurement practices and true collaboration, carefully demonstrating the contract’s very flexible approach along the way. David’s unique experience – ably supported by great case studies – helps bring all of this to life.”— John P. Welch FRICS, Deputy Director of Construction, Crown Commercial Service.

Read more less

Book SynopsisThe A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law and provides a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promotes clarity and ease of understanding. A Practical Approach to Environmental Law provides comprehensive coverage of the full range of law and legislation relating to the environment, including; The Environmental Assessment of Plans and Programmes Regulations 2004; the Planning and Compulsory Purchase Act 2004; and the Environmental Information Regulations 2004, written in a clear and user-friendly style. To ensure accessibility and ease of reference, the book is organized into three sections, focussing in turn on; the principles of environmental protection such as the polluter pays principle, the precautionary principle, Table of ContentsPART I: INTRODUCTION; PART II: SUBSTANTIVE AREAS OF LAW; PART III: PRACTICE AND PROCEDURE

Read more less

Book SynopsisUnlocking Environmental Law is the essential introduction to this fascinating, controversial, and fast-moving area of contemporary law, ensuring that you grasp the main concepts with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising Environmental Law.Split into three parts, the book outlines the philosophical foundations of environmental law, and how these have influenced political decision-making. The information is clearly presented in a logical structure and the following features support learning, helping you to advance with confidence: clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject key facts boxes throughout each chapter allow you to progressively build and consolidate your understanding end-of-chapter summaries provide a useful check-list Table of Contents1. Introduction to Environmental Law 2. Philosophy and Ethics 3. Environmental Justice and Climate Justice 4. Environmental Politics and Policymaking 5. United Nations Sustainable Development Goals 6. Energy Policy 7. Wildlife Protection and Wildlife Crime 8. Animal Law 9. Climate Change and Air Pollution 10. Water and Marine Pollution 11. Conclusion

Read more less

Book SynopsisUnlocking Environmental Law is the essential introduction to this fascinating, controversial, and fast-moving area of contemporary law, ensuring that you grasp the main concepts with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising Environmental Law.Split into three parts, the book outlines the philosophical foundations of environmental law, and how these have influenced political decision-making. The information is clearly presented in a logical structure and the following features support learning, helping you to advance with confidence: clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject key facts boxes throughout each chapter allow you to progressively build and consolidate your understanding end-of-chapter summaries provide a useful check-list Table of Contents1. Introduction to Environmental Law 2. Philosophy and Ethics 3. Environmental Justice and Climate Justice 4. Environmental Politics and Policymaking 5. United Nations Sustainable Development Goals 6. Energy Policy 7. Wildlife Protection and Wildlife Crime 8. Animal Law 9. Climate Change and Air Pollution 10. Water and Marine Pollution 11. Conclusion

Read more less

Book SynopsisWater boundaries are perhaps the oldest and most widely used boundaries, yet they continue to be among the most frequently contested boundaries. Unique laws and techniques have been developed for defining and locating water boundaries. This book provides a comprehensive overview of the legal and technical aspects of water boundaries.Table of ContentsPreface xi1 Tidal Sovereign/Upland Water Boundaries 11.1 Background and History 11.2 Boundary Definitions in Tidal Waters 21.3 Techniques for Locating Tidal Boundaries 71.4 Case Studies 46 2 Nontidal Sovereign/Upland Water Boundaries 57 2.1 Background and History 572.2 Boundary Definitions in Nontidal Waters 582.3 Techniques for Locating Nontidal Boundaries 602.4 Case Studies 67 3 Riparian rights Related to Sovereign/Upland Boundaries 83 3.1 Division Lines for Rights within Adjacent Waters 843.2 Rights of Upland Owners to Newly Formed Land 90 4 Historic Boundary Location 93 4.1 Shoreline Changes 934.2 Techniques for Locating historic Shorelines 944.3 Sources of Information for Historic Shorelines 964.4 Interpretation of Historic Shoreline Maps and Surveys 101 5 Use of Government Land Office Meander Lines as Boundaries 105 5.1 Introduction 1055.2 To Meander or Not to Meander 1065.3 Location of Meander Lines 109 6 Which Waters Are Sovereign? 113 6.1 General Criteria 1136.2 Navigability-in-Fact v. Navigability-in-Law 1146.3 Nonnavigable Coves and Tributaries 1166.4 Floodplains Adjoining Navigable Waters 118 7 Boundaries between Water Bodies 1237.1 Introduction 1237.2 Boundaries between Adjacent Navigable Water Bodies 1247.3 Limits of Tidal Influence 135 8 State and Federal Water Boundaries 137 8.1 Background and History 1378.2 Boundary Definitions 1388.3 Techniques for Locating State/Federal Water Boundaries 1429 Lateral Water Boundaries of States 145 9.1 Types of Lateral Boundaries 1459.2 Construction of Equidistant and Median Lines 1489.3 Proportionality 1539.4 Case Study 154 10 National Water Boundaries 161 10.1 Historic Overview 16110.2 Baselines for National Boundaries 16310.3 Techniques for Locating National Boundaries 165 11 Boundaries in Nonsovereign Waters 167 11.1 Introduction 16711.2 Boundaries in Streams 16811.3 Boundaries in Lakes 17011.4 Changes in Nonsovereign Water Boundaries 172 Appendix Specifications for Mean High Water Line Surveys 173References 181Law Case Citations 187Index 191

Read more less

Book SynopsisPraise for the Second Edition . . . A basic, how-to guide . . . for all those involved in the construction industry.--The Construction Lawyer This book is indispensable for any contractor who, against his better judgment, bids a fixed price contract . . . highly recommended.--David S. Thaler, The Daily Record Particularly useful to the construction contractor [and] also instructive to owners and design professionals.--Journal of Performance of Constructed Facilities Practical advice on how to prevent a dispute--from the moment that the contract preparation begins through performance by the contractor and administration by the owner.--Concrete International Over two successful editions, Construction Claims has become the sourcebook of choice on the subject for construction professionals from all areas of the industry. Now extensively updated, the Third Edition includes new material on design/build implications for construcTable of ContentsCLAIMS--UNDERSTANDING AND AVOIDING THEM. The Groundwork: The Contract. Red Flag Clauses. Differing Site Conditions/Changed Conditions/Geotechnical Baseline Reports. Changes. Environmental Regulation and Contract Claims. Delays. Contractor's Costs of Delays. Owner's Damages for Delays. Bonding. PROSECUTING AND DEFENDING CLAIMS. Documentation and Record Keeping. Claims Presentation. Formal Dispute Resolution. Appendices. Index.

Read more less

Book SynopsisThe provision of an adequate means of escape from fire is fundamental to the design of new buildings and to the alteration, change of use or extension of existing buildings. It is essential that means of escape are considered at the earliest stage of a project as mistakes are very expensive to correct later in the design.Table of ContentsMeans of escape - the background; New and altered buildings - the statutory requirements; Buildings in use - the statutory requirements; Means of escape - general principles; Means of escape - principles in practice; Dwellinghouses, flats and maisonettes; Application to buildings other than dwellings; Modification of the basic principles of means of escape; New approaches 1: BS999: Part 1 Means of escape; New approaches 2: Fire safety engineering; Management of fire safety; Appendix A Means of escape case study; Appendix B Fire risk assessment case study

Read more less

Book SynopsisMuch construction work is done by sub-contractors, particularly the so-called domestic sub-contractors, appointed by the main contractor. The former usually work under the standard sub-contract DOM/1 for use with JCT 80, or DOM/2 for use with JCT 81--where there is contract design. Unfortunately, many sub-contractors'' rights are often abused because they have little or no understanding of their rights and obligations under the new contracts. Written by an experienced quantity surveyor, this new book provides a clause-by-clause summary of these important principles.Table of ContentsBasic principles; Domestic contract DOM/1; Domestic contracts DOM/2; Future developments; Flowcharts; Index

Read more less

Book SynopsisThe cost of preparing and submitting tenders for construction and engineering works is a significant expense to those firms involved and no participant can afford to be ignorant of the law surrounding the procurement process. This new book reviews the law concerning the procurement of construction and engineering works and services, and deals with the development of the common law of tendering including bids, offers, revocation of offers, acceptance and the making of contracts. This book is written from the perspective of English law but considers cases and statutes from a wide variety of common law jurisdictions, including Australia, Canada, New Zealand, Scotland, South Africa, and the US.Table of ContentsGeneral overview; Bids, offers, revocation of offers, acceptance and formation of contracts; Bids, mistakes, rectification, rescission of contract, rescission of bid despite irrevocable nature of bid and forfeiture of bid deposits; Tenders - the traditional position; Tenders: exceptional cases where remuneration or damages have been recovered by tenderers; The two contract analysis - the tendering contract; Bonds, guarantees and indemnities; Incomplete agreement, therefore no contract; Letter of intent; Tender documents; Judicial review of public tender decisions; Judicial review of federal tender decisions; Public procurement in the European Union; Tender abuses and anti-competitive practices; Table of cases; Table of statutes; Index

Read more less

Book SynopsisThis up-to-date practitionerâs handbook covers the widest possible range of planning topics in a single volume. It will provide readily accessible answers for the busy planning professional to a whole range of problems which commonly arise in the day to day practice of planning practitioners in either the private or public sectorsTrade Review'I would commend it to any practitioner's library' From a review by Ashley Bowes, JOURNAL OF PLANNING & ENVIRONMENT LAW‘The sound analysis, range of topics, and extensive legislation and cases make this an essential practitioner’s handbook’ From a review by Robert Bruce and Jennifer Roe, LAW SOCIETY GAZETTETable of Contents1. Administration of planning law 2. Development plans and plan-making 3. Neighbourhood plans 4. Development control 5. Permitted development 6. Planning permission 7. Revocation/modification of planning permission 8. Planning conditions 9. Planning obligations 10. Community infrastructure levy 11. Purchase/blight notices 12. Viability 13 Appeals and statutory review of planning decisions 14. Enforcement of planning control 15. Lawful development certificates 16. Environmental impact assessment 17. Habitats and Species Regulations 2017 18. Development in the green belt 19. AONBs, SSSIs, National Parks & other areas of conservation 20. Contribution of national policy in protecting the natural environment 21. Powers of local authority to require land to be cleaned up 22. Tree preservation orders, trees in conservation areas & hedgerows 23. Listed buildings and conservation areas 24. Revisions to the National Planning Policy Framework (July 2018) 25. Assets of community value 26. Town and village greens 27. Public rights of way 28. Gypsies and travellers

Read more less

Book SynopsisRenewable Energy from Wind and Solar Power: Law and Regulation is concerned with the law and regulation of electricity generation in the case of the two most popular sources of energy derived from renewable resources. It covers up-to-date national policy and guidance relevant to electricity generation collected from renewable resources.Trade Review"Of particular use to practitioners is the case study section in which Webster has identified the critical issues upon which the various cases turned. This will doubtless be of assistance to those promoting and resisting applications." Dr Ashley Bowes - Editor of the Journal of Planning and Environmental LawTable of Contents1 INTRODUCTION Scope of introduction Climate change The UK’s record on climate change The UK’s sources of energy Brief statistical overview (fossil fuels and renewables) Sites generating renewable electricity at the end of December 2019 European energy policy UK renewables’ policies Availability of financial assistance for the generation and export of renewable energy to the grid Comment – should the planning balance change when it comes to renewable energy applications? 2 OVERVIEW OF THE REGULATORY FRAMEWORK AFFECTING WIND AND SOLAR ENERGY DEVELOPMENTS Onshore energy Permitted development Planning Act 2008 Electricity Act 1989: section 36 consents for onshore and offshore electricity generation Varying section 36 consents Environmental standards European sites Environmental assessment Exemption from consent requirement Deemed planning permission FEPA licence Overhead electricity lines Deemed planning permission for overhead lines Public inquiries where there are objections to section 36 and section 37 applications Ancillary or supporting facilities Compulsory purchase powers Position in Wales Key elements of planning law Development Planning permission National Planning Policy Framework in England Sustainable development Plan-making: key principles Decision-making: key principles Planning conditions and obligations The rural economy Green Belt land Proposals affecting Green Belt land Climate change Conserving the natural environment Conserving the historic environment UK Solar PV Strategy (Parts 1 and 2) 3 NATIONALLY SIGNIFICANT INFRASTRUCTURE PROJECTS Introduction Policy Statements The statutory process (i.e. that relevant to wind and solar energy) Nationally Significant Infrastructure Project regime in Wales 4 ENVIRONMENTAL IMPACT ASSESSMENT Introduction Purpose of Environmental Impact Assessment Overview of Environmental Impact Assessment When is an Environmental Impact Assessment required? Procedure for deciding whether a Schedule 2 project is likely to have significant effects on the environment Obtaining a screening opinion from the local planning authority Treatment of multiple applications Can an Environmental Statement be submitted without a screening opinion? What if a planning application for a Schedule 2 development is not accompanied by an Environmental Statement? Called-in applications where there is no Environmental Statement Procedure for planning appeals Determining planning applications that have been subject to an Environmental Impact Assessment 5 HABITATS AND SPECIES REGULATIONS 2017 Introduction Overview of the Habitats Regulations 2017 6 PLANNING GUIDANCE RELEVANT TO WIND AND SOLAR ENERGY DEVELOPMENTS Introduction Regulatory framework underlying decision-making National Planning Practice Guidance – Guidance on climate change National Planning Practice Guidance – Guidance on renewable and low carbon energy Electricity development consents Decommissioning offshore renewable energy installations Wayleaves and compulsory purchase orders 7 WIND FARMS Introduction Written Ministerial Statement applying to proposed onshore wind energy development Report of the House of Commons Science and Technology Committee published on 22 August 2019 Repowering existing onshore wind turbines How do offshore and onshore wind farms work? How efficient is wind power? How much of the UK’s electricity comes from wind power? Advantages of offshore wind Disadvantages of offshore wind (see also onshore wind farms where there is some overlap) Seven of the ten largest offshore wind farms in the world are in UK waters Advantages of onshore wind Disadvantages of onshore wind Checklist of requirements for wind energy projects Cost and overheads of wind turbines Repowering/decommissioning wind farms 8 CASE STUDIES INVOLVING WIND POWER PROJECTS I Permission Granted for Four Wind Turbines near to an Area of Outstanding Natural Beauty II Wind Farm Close to Listed Buildings III Wind Turbine in Green Belt IV Wind Turbines and Community Benefits as Material Considerations V Policies Requiring Exceptional Circumstances in the Context of a Wind Farm Development involving Seven Wind Turbines on Land in Powys VI Varying Conditions whose Effect was to Change the Description of the Development (Concerning Two Wind Turbines) VII Community Benefits as Material Considerations – Appeal Against a Decision to Uphold the Quashing of a Grant of Planning Permission for a Wind Turbine VIII Permission for Onshore Substation to Support Major Offshore Wind Farm IX Approval of Wind Farm Despite the Turbines Exceeding Local Policy Height Restrictions X Proposal for Eight Wind Turbines Fails on Adverse Landscape and Visual Impacts XI Proposal for Five 125m High Wind Turbines Allowed on Orkney XII Lifetime of Wind Farm Extended on Basis that the Proposal Involved Repowering and was not a Fresh Application XIII Approval Given to 14-Turbine Wind Farm Despite Concerns about 19km Access Track XIV Ten-Turbine Wind Farm Approved despite Landscape Objections XV Single Wind Turbine on Green Belt close to Heathrow Rejected XVI Five Wind Turbines Refused on Significant Environmental Grounds XVII Single Turbine Allowed where Area of Outstanding Natural Beauty Landscape and Visual Impacts Found to be Minor (Involving Heritage Issues and Local Planning Authority’s Declaration of Climate Emergency) XVIII Benefits Associated with the Generation of Renewable Energy and Climate Change Considerations still Insufficient to Outweigh Adverse Impacts on Landscape and Visual Effects Could Not Satisfactorily be Mitigated XIX Renewable Energy Benefits still Insufficient to Outweigh Adverse Landscape Impacts XX Permission Refused for a Development Consent Order Extending the Thanet Offshore Wind Farm on the Ground of Navigational Risks XXI Development Consent Granted for 158 Wind Turbines off the Norfolk Coast (Decision recently quashed and subject to re-determination) XXII Development Consent Granted in Principle for 231-Turbine Hornsea Project Three Offshore Wind Farm in the North Sea, although a Final Decision was Delayed to Allow for Final Approval of Measures to Cover Adverse Impacts to the Kittiwake Population and Coastal Special Protection Area XXIII Unacceptable Landscape and Visual Impacts Preclude 30-Turbine Wind Farm in an Area of Great Natural Beauty in Dumfries and Galloway XXIV Single Wind Turbine Allowed in Close Proximity to Existing Wind Farm 9 SOLAR ENERGY Photovoltaic system Solar cells Types of photovoltaic systems Performance Photovoltaic mounting Cabling Solar tracker Battery Selling solar electricity back to the grid (domestic installations) How much electricity do solar panels produce and how many panels might one need for a dwelling? How much do residential solar panels cost? Commercial-scale ground-mounted solar photovoltaic – bullet points Ministerial Statements affecting solar energy (as material considerations) 10 CASE STUDIES INVOLVING SOLAR POWER DEVELOPMENT I Whether the Effect that Development might have on Solar Panels on Neighbouring Residential Property was a Material Planning Consideration II Large Solar Farm in Green Belt Rejected on Landscape Grounds by Secretary of State on Recovered Appeal – Appeal Dismissed III 10MW Solar Farm Rejected because of Harm to Landscape – Appeal Refused IV Solar Farm Rejected on Landscape and Heritage Grounds – Appeals Refused V Domestic Solar Energy Proposal on Land Just Outside a National Park Rejected on the Basis of Green Belt Harm – Appeal Dismissed VI Solar Panels Not Allowed on Grade II Listed Church – Appeal Partly Allowed VII Free-standing Solar Panels Not Allowed in Grounds of Country House in National Park – Appeal Dismissed VIII Free-standing Solar Panels for Domestic Use Not Allowed in Green Belt and Area of Outstanding Natural Beauty – Appeal Dismissed IX 13.6GWh Solar Farm on 16 Hectare Site Rejected because of Adverse Visual and Heritage Impacts – Appeal Dismissed

Read more less

Book SynopsisThe second edition of this accessible book is a single up-to-date reference work which discusses a broad range of public and private law topics which directly impact on the use and development of land. In addition to new chapters on wayleaves, planning enforcement, and trees and hedgerows, this updated edition includes coverage of significant recent cases such as: EASEMENTS: Regency Villas Ltd v Diamond Resorts (Europe) Ltd [2018] UKSC 57 (a case discussing the four essential requirements of an easement), together with some recent authorities on prescription, such as Hughes v Benefice of Frampton-on-Severn, Arlingham, Saul, Fretherne & Framilode [2021] UKUT 184 (LC). TOWN AND VILLAGE GREENS: TW Logistics Ltd v Essex County Council [2021] AC 1050 (the post-registration rights of a landowner and the interplay with the so-called Victorian Statutes') and R (Bellway Homes Ltd) v Kent County Council [2022] EWHC2593 (

Read more less

Book SynopsisCompulsory Purchase and Compensation remains the essential guide to this complex and increasingly relevant area of the law. Now in its 12th edition, no other book presents the same level of information on the law relating to compulsory purchase and compensation in England and Wales in such an accessible way.The book is also especially suited to those coming to this complex subject without a specific background in the law and is ideal reading for those students taking planning and built environment modules. Surveyors in particular will find this book invaluable.Whilst this new edition picks up the very many decisions of the Upper Tribunal and the higher courts since the 11th edition, the principal piece of new legislation is the Levelling-up and Regeneration Act 2023. One of the controversial provisions in the 2023 Act is the power to include in a compulsory purchase order a direction, the effect of which is that in relation to certain limited purposes, compensation sha

Read more less

Book SynopsisThe most up-to-date and comprehensive guide to playing and winning the planning permissions game.Table of Contents : PART ONE - THE PLANNING SYSTEM : 1. What planning is and the system : 2. Is permission required : 3. Basis for making planning decisions : 4. The planning application process : PART TWO - MAKING PLANNING APPLICATIONS : 5. Before you make your application : 6. Making a planning application : 7. Managing your application : 8. After planning permission is granted : 9. What to do about unsatisfactory decisions : PART THREE - PROTECTING YOUR PROPERTY : 10. Knowing what is happening : 11. Making objections : 12. Writing an objection letter or statement : 13. Mobilising : 14. After a decision

Read more less

Book SynopsisThis concise study guides gives you an overview of the main areas of environmental law in Scotland: statutory nuisance, noise, air pollution, climate change, waste, contaminated land, water pollution and nature conservation. In addition, it includes a discussion of the role of town planning in the control of pollution.

Read more less

Book SynopsisThe brand new title that sets out the law and practice of planning applications, appeals and challenges, particularly focussing on: -The need for planning permission and the concept of development -Permitted development rights -Applying for planning permission and the consideration of applications by local authorities -Planning appeals -The role of the Secretary of State and the Welsh Ministers -Planning permission granted by development orders Dealing with why planning permission is needed, how it is obtained by permitted development, planning applications and orders, this essential new title begins with the concept of development, the need for planning permission and permitted development rights. Planning applications are then considered at the local authority, appeal and call-in stages, with advice provided for developers, local authorities, interest groups and residents, setting out clearly how each can be involved in the process. High Court challenges are considered thoroughly. Finally, complex questions regarding the interpretation and implementation of each area of this process are discussed. What does it include? Planning Permission analyses the legal rules and caselaw, including the 2015 orders. Practical advice is given on making and responding to applications, dealing with planning committees, Ministerial interventions, appeals and call-ins. The operation of the Planning Court is also addressed from the practitioner’s perspective. Helpful appendices include the relevant parts of the Town and Country Planning Act 1990, the Development Management Procedure Order 2015, the General Permitted Development Order 2015, the Use Classes Order and the appeal rules and regulations. Contents: 1 Outline of the planning system and underlying principles; 2 The meaning of development; 3 The Use Classes Order; 4 The need for planning permission; 5 Permitted development rights; 6 Planning applications; 7 Environmental Impact Assessment; 8 Determining planning applications; 9 Material Considerations 10 London; 11 Planning conditions; 12 Planning Obligations; 13 The issue of planning permission; 14 Planning permission for variations and retrospective consents: Section 73 and 73A; 15 Non-material variations; 16 Reserved matters and approval of details under conditions; 17 Call-ins and the role of Ministers; 18 Planning applications made to Ministers; 19 Planning Appeals – preliminaries and tactics; 20 Householder and minor commercial appeals; 21 Written representations; 22 Hearings; 23 Inquiries; 24 The appeal decision and costs; 25 High Court challenges; 26 Other means of obtaining planning permission – development orders, deemed planning permission and Simplified Planning Zones; 27 Community Infrastructure Levy; 28 Interpretation of planning permission; 29 Implementation This title is included in Bloomsbury Professional's Planning Law online service.Trade Review...comprehensive coverage across the spectrum of development management issues...The author is to be congratulated in comprehensively addressing the law and practice applicable in England and Wales as at 1 January 2016 about planning permission applications, appeals and challenges in an accessible, intelligible style. -- John Watchman * Scottish Planning and Environmental Law *Table of ContentsChapter 1 Outline of the planning system Chapter 2 The meaning of development Chapter 3 Use classes Chapter 4 The need for planning permission Chapter 5 Permitted development rights Chapter 6 Planning applications Chapter 7 Environmental Impact Assessment Chapter 8 Determining planning applications Chapter 9 Material considerations and policy Chapter 10 London Chapter 11 Planning conditions Chapter 12 Planning obligations Chapter 13 Planning permission for variations, retrospective and replacement consents Chapter 14 The issuing of planning permission Chapter 15 N on-material amendments to planning permissions Chapter 16 Reserved matters and the approval of details under conditions Chapter 17 Call-ins and the role of Ministers Chapter 18 Planning applications made directly to the Minister Chapter 19 Planning appeals: preliminaries and tactics Chapter 20 Householder and minor commercial appeals Chapter 21 Written representations Chapter 22 Hearings Chapter 23 Inquiries Chapter 24 Decisions and costs in appeals and call-ins Chapter 25 High Court challenges Chapter 26 The grant of planning permission by orders and other means Chapter 27 Community Infrastructure Levy Chapter 28 The effect and interpretation of planning permission Chapter 29 Implementation of planning permission Appendix: Statutory Materials Town and Country Planning Act 1990, ss 55–106C, 284, 288, 319–323 Town and Country Planning (Use Classes) Order 1987, SI 1987/764 Town and Country Planning (Inquiries Procedure) (England) Rules 2000, SI 2000/1624 Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000, SI 2000/1625 Town and Country Planning (Hearings Procedure) (England) Rules 2000, SI 2000/1626 Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009, SI 2009/452 Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596

Read more less

Book Synopsis

Read more less

Book SynopsisElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.Authoritative and multidisciplinary in approach, this Research Agenda shapes questions that will underpin future legal and empirical scholarly inquiry on zoning and land use regulation in the US. Building on existing debates and providing a comprehensive overview of the current state of academic research, it identifies the gaps which need addressing in future research.Bringing together a diverse array of prominent voices across multiple disciplines, A Research Agenda for US Land Use and Planning Law adeptly navigates central themes including the structure of land use regulation, the relationship between zoning and planning, and the role of different levels of government and administrative agencies. Chapters critically analyse the laws that govern public participation alongside the potential reforms to these processes. A number of pressing issues are rigorously examined, including housing, historic preservation, sustainability and climate change, transportation, declining cities, residential segregation, and the relationship between private and public land use controls.This accessible and progressive Research Agenda will be of great interest to scholars and graduate students interested in planning, zoning, urban economics, property law, environmental law, legal studies, and political science. Practitioners looking for insightful analysis of seminal literature will similarly find this to be a beneficial read.Trade Review‘This superb book, edited by prominent land use law professors Infranca and Schindler, features a “who’s who” of academic authorities who thoughtfully tackle today’s salient issues of land use law and planning in highly readable and stimulating prose. This book belongs on the shelves of all land use scholars and practitioners.’ -- Jerold S. Kayden, Harvard University, US‘At a time when the stakes could not be higher for how our built environment shapes our economy and society, John Infranca and Sarah Schindler have gathered a remarkable group of scholars to map the complex dynamics defining contemporary land-use and planning law, making a compelling argument for the value of research to navigate the challenging paths ahead.’ -- Nestor Davidson, Fordham University, USTable of ContentsContents: Introduction: Themes and Trends in land use and planning law research 1 PART I STRUCTURE OF LAND USE AND PLANNING LAW 1 The role of planning 47 Nicholas J. Marantz 2 The role of the states 59 Moira O’Neill 3 The structure of land use administration 75 Noah M. Kazis PART II PROCESS OF LAND USE AND PLANNING LAW 4 Public participation 93 Katherine Levine Einstein, David M. Glick, and Maxwell Palmer 5 The law’s effects on public participation 109 Vicki Been and Anika Singh Lemar PART III EFFECTS OF LAND USE AND PLANNING LAW 6 Rethinking local regulations governing housing production 133 Ingrid Gould Ellen, Yonah Freemark and Jenny Schuetz 7 Land use regulation and residential segregation 153 Paavo Monkkonen and Michael Lens 8 Sustainable land use policy and planning 171 Sarah Fox 9 Climate-conscious land use planning 187 Danielle Stokes 10 Historic preservation law 203 Sara C. Bronin 11 First principles in transportation law and policy 221 Jonathan Levine and Gregory H. Shill 12 Downtown revitalization and declining cities 237 Justin B. Hollander 13 Private land use controls 253 Christopher Serkin 14 American land-use and planning law in comparative European perspective 265 Sonia A. Hirt Index

Read more less

Book SynopsisA Practical Guide to Permitted Changes of Use is the definitive, comprehensive practical guide to permitted changes of use under the much changed General Permitted Development Order (‘GPDO’). The extensive changes to the Use Classes Order in 2020 were clearly going to be followed by consequential amendments to the GPDO, especially to permitted development rights for changes of use in Parts 3 and 4 of its Second Schedule. This has led to the most radical shake-up of these provisions since permitted development rights for changes of use began to be significantly expanded from 2013 onwards. The new provisions came into force on 1 August 2021, and the Fourth Edition of A Practical Guide to Permitted Changes of Use contains a fully updated text explaining these legislative changes in detail. Some significant expansion of PD rights has been brought about, notably Class MA, which permits the residential conversion of the wide range of buildings in commercial, business or service uses that now fall within Use Class E. Some former PD rights have now been removed. A few of these were simply redundant, as a result of both the pre-existing use and the new use now falling within one and the same Use Class, so that a change of use from one to the other is no longer development at all. Others have been replaced by new or enlarged PD rights under other Classes. For example, the revised and expanded Class A now embraces previous PD rights under Classes A, B, C, D, E and F (to the extent that some of these have not been rendered altogether redundant). This has left a number of PD rights that have been removed from the GPDO altogether without being replaced in any way. These are defined as ‘protected development’, and their life has been extended for a limited period. All these former PD rights are identified in the book, and the transitional rules that apply to them are explained in detail. This Fourth Edition of A Practical Guide to Permitted Changes of Use will be an essential resource for property owners, developers and their professional advisers, giving them a completely up-to-date guide to this increasingly complicated and much-amended legislation.

Read more less

Book Synopsis

Read more less

Book SynopsisThe National Planning Policy Framework (NPPF) is the key pillar in the government's aim of Delivering sustainable development and getting Britain building'. Launched on 27 March 2012 amid much controversy, the NPPF seeks to set out the entirety of the government''s policy for town planning in a single document. The government claims it has three fundamental aims: To put unprecedented power in the hands of communities to shape the places in which they live; to better support growth to give the next generation the chance that our generation has had to have a decent home, and to allow the jobs to be created on which our prosperity depends and to ensure that the places we cherish our countryside, towns and cities are bequeathed to the next generation in a better condition than they are now.' The NPPF became a material planning consideration for all town planning decisions in England immediately upon its publication. This book provides clear practical guidance and commentary on the NPPF by reference to ministerial, planning inspectorate decisions and court judgments. Written by an expert team of specialist planning barristers from the leading planning chambers of Francis Taylor Building and led by Gregory Jones QC, it provides the essential single volume guide to signpost the reader through the new world of the NPPF.

Read more less

Book SynopsisEconomic Incentives are playing an increasingly important role in pollution control.This authoritative collection - edited by leading contributors to the field - presents the most important published work on the legal and economic instruments and institutions which have been used during the last thirty years to control pollution. The papers focus on issues of instrument design, implementation, enforcement and evaluation, and consider strategies for coping with uncertainty and 'second-best' situations.Table of ContentsContents: Introduction Part I: General Comparative Theory 1. Bruno S. Frey, Friedrich Schneider and Werner Pommerehne (1985), ‘Economists’ Opinions on Environmental Policy Instruments: Analysis of a Survey’ 2. W.J. Baumol and David F. Bradford (1972), ‘Detrimental Externalities and Non-Convexity of the Production Set’ 3. John Pezzey (1992), ‘The Symmetry Between Controlling Pollution by Price and Controlling It By Quantity’ Part II: Instruments A Fees and Charges 4. Thomas H. Tietenberg (1973), ‘Specific Taxes and the Control of Pollution: A General Equilibrium Analysis’ 5. Susan Rose-Ackerman (1973), ‘Effluent Charges: A Critique’ 6. Wallace E. Oates and Diana L. Strassmann (1984), ‘Effluent Fees and Market Structure’ 7. Gardner M. Brown, Jr. and Ralph W. Johnson (1984), ‘Pollution Control by Effluent Charges: It Works in the Federal Republic of Germany, Why Not in the US?’ 8. Kenneth E. Train, William B. Davis and Mark D. Levine (1997), ‘Fees and Rebates on New Vehicles: Impacts on Fuel Efficiency, Carbon Dioxide Emissions, and Consumer Surplus’ B Tradable Permits 9. William J. Baumol and Wallace E. Oates (1971), ‘The Use of Standards and Prices for Protection of the Environment’ 10. W. David Montgomery (1972), ‘Markets in Licenses and Efficient Pollution Control Programs’ 11. Randolph M. Lyon (1982), ‘Auctions and Alternative Procedures for Allocating Pollution Rights’ 12. Robert W. Hahn (1984), ‘Market Power and Transferable Property Rights’ 13. Robert N. Stavins (1995), ‘Transaction Costs and Tradeable Permits’ 14. Jonathan D. Rubin (1996), ‘A Model of Intertemporal Emission Trading, Banking, and Borrowing’ C Command-and-Control 15. David Besanko (1987), ‘Performance versus Design Standards in the Regulation of Pollution’ 16. Brian Beavis and Ian Dobbs (1987), ‘Firm Behaviour under Regulatory Control of Stochastic Environmental Wastes by Probabilistic Constraints’ 17. James M. Buchanan and Gordon Tullock (1975), ‘Polluters’ Profits and Political Response: Direct Controls Versus Taxes’ 18. Howard K. Gruenspecht (1982), ‘Differentiated Regulation: The Case of Auto Emissions Standards’ 19. Gloria E. Helfand (1991), ‘Standards versus Standards: The Effects of Different Pollution Restrictions’ Part III: Implementation Issues 20. Peter Bohm and Clifford S. Russell (1985), ‘Comparative Analysis of Alternative Policy Instruments’ 21. Hans Th. A. Bressers (1988), ‘A Comparison of the Effectiveness of Incentives and Directives: The Case of Dutch Water Quality Policy’ 22. Albert L. Nichols (1982), ‘The Importance of Exposure in Evaluating and Designing Environmental Regulations: A Case Study’ 23. Wallace E. Oates, Paul R. Portney and Albert M. McGartland (1989), ‘The Net Benefits of Incentive-Based Regulation: A Case Study of Environmental Standard Setting’ 24. T.H. Tietenberg (1990), ‘Economic Instruments for Environmental Regulation’ 25. Erik Verhoef, Peter Nijkamp and Piet Rietveld (1995), ‘Second-Best Regulation of Road Transport Externalities’ Part IV: Enforcement 26. Mary E. Deily and Wayne B. Gray (1991), ‘Enforcement of Pollution Regulations in a Declining Industry’ 27. H. Landis Gabel and Bernard Sinclair-Desgagné (1993), ‘Managerial Incentives and Environmental Compliance’ 28. Jon D. Harford (1978), ‘Firm Behavior Under Imperfectly Enforceable Pollution Standards and Taxes’ 29. Winston Harrington (1988), ‘Enforcement Leverage When Penalties Are Restricted’ 30. Wesley A. Magat and W. Kip Viscusi (1990), ‘Effectiveness of the EPA’s Regulatory Enforcement: The Case of Industrial Effluent Standards’ 31. Clifford S. Russell (1990), ‘Monitoring and Enforcement’ 32. Joseph E. Swierzbinski (1994), ‘Guilty Until Proven Innocent – Regulation with Costly and Limited Enforcement’ Part V: Cost-Effectiveness: Empirical Studies 33. Scott E. Atkinson and T.H. Tietenberg (1982), ‘The Empirical Properties of Two Classes of Designs for Transferable Discharge Permit Markets’ 34. William O’Neil, Martin David, Christina Moore and Erhard Joeres (1983), ‘Transferable Discharge Permits and Economic Efficiency: The Fox River’ 35. Eugene P. Seskin, Robert J. Anderson, Jr. and Robert O. Reid (1983), ‘An Empirical Analysis of Economic Strategies for Controlling Air Pollution’ Part VI: Uncertainty 36. Zvi Adar and James M. Griffin (1976) ‘Uncertainty and the Choice of Pollution Control Instruments’ 37. Marc J. Roberts and Michael Spence (1976), ‘Effluent Charges and Licenses Under Uncertainty’ 38. Martin L. Weitzman (1974), ‘Prices vs. Quantities’ Name Index

Read more less

Book SynopsisThis is the first book about the system for local planning reviews in Scotland introduced by the Planning etc (Scotland) Act 2009. It sets out the structure and operation of the new system and provides a step-by-step guide through the process. A practical and accessible guide to all those involved in planning decisions.

Read more less

Book SynopsisThe Environment Act received Royal Assent in December 2021. It is a landmark piece of legislation creating a new governance framework that will regulate how the nation manages biodiversity, water resources and air pollution to name just a few, and introducing conservation covenant agreements as an option for developers. This new regime will lean heavily on the planning system with environmental considerations, becoming a key factor in planning and development decision making. This means everyone involved in considering or advising on new developments needs to know how the new regime could impact on those plans. The Environment Act 2021: A Guide for Planners and Developers will be one of the first books available to provide a comprehensive overview of the Act specifically for the planning sector. Written by Tom Graham, a practising lawyer with many years of experience in environment and planning law, it answers the questions that planners and advisors will need to consider such as: The interpretation of the Environment Act Conservation biology and the planning system What is Biodiversity Net Gain and how will it interact with the planning system? What is the "precautionary principle" and how is this to be reflected in the planning process? Can local planning authorities push a "green agenda"? Section 106 agreements, conservation covenants, planning conditions and ecology How will local planning committees get to grips with the complexities of the Act? How will the act impact on developers? Is it a benefit or a problem? As well as practical commentary, the book includes the relevant sections of the Act, annotated by the author, so you will have the sources you need in one, handy volume.

Read more less

Book SynopsisManaging environmental issues in planning decisions is now an essential part of the process. The increasing pressure to develop brownfield sites and the publicity around the damage caused by air pollution are just two of the drivers for this growing area of planning practice. The difficulty is that the law relating to these problems is disparate and overseen by different agencies, with the answers hidden deep in often obscure guidance, regulations and case law. It is also developing rapidly as the provisions of the Environment Act 2021 begin to bite. Tom Graham's latest book aims to make some sense of this seemingly chaotic regime to provide developers, their advisors and the planning authorities with a coherent round up of the problems and how to address them by: setting out the main causes for concern created by for example landfill sites or abandoned mines providing practical insights on site and environmental impact assessments explaining the concepts such as air quality, toxicity and verification outlining how environmental law interacts with current planning law such as s106 of the Town and Country Planning Act offering drafting tips for any planning conditions Case studies and a set of invaluable appendices reproducing key guidance in full help to bring it all together, making the book an essential source of reference for everyone involved in developing potentially contaminated sites.

Read more less

Book SynopsisIn July 2018 a revised National Planning Policy Framework was published, coming into effect immediately. First published in 2012, the NPPF is the primary expression of the Government’s planning policies for England. The NPPF sets out a framework for the production of locally-prepared plans, and is a material consideration in planning applications. Its correct interpretation is a matter of law, and there has been a wealth of litigation regarding the interpretation of the first version. But what exactly has changed and how will the courts seek to interpret the new version? Interpreting the NPPF: The New National Planning Policy Framework is the first book to explain in depth the revised NPPF to planners, developers and legal advisers throughout England. Alistair Mills of Landmark Chambers provides an accessible explanation of the legal approach to the new NPPF through: a clear exposition of the nature, role, and approach to interpretation of national planning policy; insights regarding the structure and wording of the new NPPF; consideration of the extent to which case law interpreting the wording of the 2012 NPPF applies to the new version; a review of the major changes brought about by the new NPPF, including the amended wording of the presumption in favour of sustainable development, the Housing Delivery Test, and the approach to amendment of Green Belt boundaries The book is essential reading for anyone with an interest in local planning and development - including planners, developers and their advisers - helping everyone make and contribute to plans, applications and decisions which are based on a correct understanding of the NPPF.

Read more less

Book SynopsisNeighbourhood planning, introduced by the Localism Act 2011, is now well established as the new 'first tier' of our planning system. The key to this brave new world of localism is the Neighbourhood Development Plan, which enables local communities to make planning policies for their area that have statutory effect and which must be taken into account by decision makers. But how does a neighbourhood plan get off the ground? How do communities make sure that it comes into force? And, more importantly, what are the essential features of an effective plan; one that can withstand the often intense pressures for new development? This unique book answers these and many other questions faced by neighbourhood planners with a clear, pragmatic focus and in sufficient depth to arm both lay readers and planning professionals with the knowledge they need to operate effectively within this novel planning regime. Along the way, some of the less well-known planning rules and procedures that can be invoked by neighbourhood planning groups and others at a local level are also explained. The author, a planning lawyer and consultant who has helped many parishes and communities since the advent of neighbourhood planning, also helpfully explores the place of neighbourhood planning within the wider planning system and offers a fascinating assessment of the potential of neighbourhood planning to address a whole range of important environmental issues. This insight and expertise makes The Power of Neighbourhood Planning an essential resource for everyone involved - whether as an interested member of the public, local councillor or parish clerk – or as a planning professional looking for an incisive introduction to this often controversial topic.

Read more less