Planning

Question 1

What is planning law?

Answer 1

Governs uses of land, such as type of use, extent of use, the surroundings and incorporates a broader overview for an entire region.

Question 2

Planning v Easements and Covenants

Answer 2

Planning is compulsory whereas easements and covenants (at least originally) are voluntary agreements.

Easements and covenants mostly relate to neighbourhoodly disputes, planning is in relation to a vision for a whole city, region or country.

Question 3

LPA Powers: Development Plans

Answer 3

Planning and Compulsory Purchase Act 2004 allows local planning authority (LPA) to set out policy for developments in the area - development plan - blueprint for area.

Question 4

What is a development, and when are they allowed

Answer 4

A development defined in s55(1) TCPA 1990 as building, engineering, mining, or other operations, or the making of any material change in the USE of any buildings or other land.

Generally, the view is that development is prohibited unless permission is granted, and LPAs can grant or deny apps under the TCPA.

Question 5

What do the LPA need to keep in mind in making planning decisions? s70 and Heathrow

Answer 5

s70 TCPA - ‘shall have regard to’ the development plan and any other ‘material’ considerations.

What is a material cons?

R v Heathrow: SC identified four considerations:

1. Considerations clearly identified by statute as ones to which regard must be had.
2. Considerations so identified as ones to which regard must not be had.
3. Considerations the decision-maker may have regard if they think it is right to do so
   + bonus - Issues so obviously material that a failure to have regard to them will be unlawful - similar to Wednesbury unreasonableness

Question 6

Other factors relevant in planning decisions - Emissions - Finch

Answer 6

SC held that LPA must consider and assess the ‘downstream’ greenhouse gas (GHG) emissions which will inevitably arise from combustion of the fuel.
With fossil fuels (especially in the case of an oil refinery), we have such certainty that downstream emissions will arise, that it needs to be taken into account.

Very impactful - means that LPAs will need to consider it - however they do not need to reject the request, just need consideration.

Does this mean that when I’m trying to build a shop, I need to submit a report of emissions and the council need to consider what emissions will result due to my building?
Dr Lifshitz thinks it will hinge on causation – the extent to which there is a causal link between me building a shop and the emissions that result is less than the causal link between an oil refinery being built and emissions resulting.

Question 7

Other factors in planning permission - Blocking the development of another due to solar panels - Medway

Answer 7

Court protected interest of a person with solar panels, preventing a neighbour from building on his property.

Recognised positive social benefit of solar panels in addressing climate change, and this was a matter of public interest.

Question 8

Outline for PQs:

Answer 8

1. Is there a ‘development’ - s55
2. Is there a development plan, and if so, does it comply or go against the development plan
3. Is there a material consideration?

Question 9

Why is it good/bad for local auths to have power rather than govt?

Answer 9

Good:

1. Local knowledge, staffed with people who have more knowledge on things like allowing a building on a busy road.
2. Democratic - closer to the people than govt

Bad:
1. Different LPAs have different politics/priorities - influential developer comes in and promises to build 7 parks, and all of the sudden they get permission to do something others didn’t. If one council allows negative environmental impacts and another doesn’t all the polluters will run to that council, still causing harm. HOWEVER is this an advantage? A council in the lake district might be less willing to allow developments - more reflective of the people in the area.

National guidance directs decision-makers in regard to the local plans. The NPPF is revised regularly depending on govt policy, and aims to make things more consistent, especially on sustainability. It directs LPAs on how to set their plans and make decisions.

2. Takes time for NPPF policies to trickle down - decisions might have to be made in accordance with the guideline but they might not even need to make those decisions and exercise those guidelines
3. Tension between local and national in regard to planning - default power lies with LPAs, but but national influence remains and pushback.