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Book Details
Abstract
Welsh Planning Law and Practice provides a comprehensive guide to the sources and structure of Welsh planning law and a route through its complexity. This is not a comparative study, but rather deals with legislation and policy affecting land in Wales, placing them in the context of shared principles and concepts and the case law common to England and Wales. More than an academic exercise, planning is a practical matter affecting important aspects of daily life, and the desirability of public engagement in the planning process is well settled. This book contributes to the promotion of recognition of the body of Welsh planning law, to aid accessibility for all who practise in or who are (or want to be) involved in shaping development in Wales.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Cover | i | ||
| Title Page | iv | ||
| Copyright | v | ||
| Series Preface | vi | ||
| Contents | viii | ||
| Foreword | xiv | ||
| Preface | xvi | ||
| Copyright acknowledgements | xvii | ||
| Table of Cases | xviii | ||
| Table of Acts and Measures | xxxiv | ||
| Table of Statutory Instruments | xliv | ||
| List of Circulars | lii | ||
| List of Abbreviations | liii | ||
| 1: History and Structure of Devolution | 1 | ||
| Introduction | 1 | ||
| History | 2 | ||
| Current position and status of law and policy | 7 | ||
| Statutory interpretation | 10 | ||
| 2: Devolution and Planning – An Overview | 13 | ||
| Introduction | 13 | ||
| Areas of divergence | 14 | ||
| Primary legislation – general | 16 | ||
| Planning (Wales) Act 2015 | 20 | ||
| Town and Country Planning Act 1990 | 22 | ||
| Secondary legislation | 24 | ||
| Policy framework | 25 | ||
| 3: Welsh Language and the Planning System | 27 | ||
| Introduction | 27 | ||
| Official status of the Welsh language | 27 | ||
| Welsh language standards | 29 | ||
| Welsh language as a material consideration | 31 | ||
| 4: Planning Bodies | 37 | ||
| Introduction | 37 | ||
| UK Parliament and Government | 37 | ||
| National Assembly for Wales | 39 | ||
| Welsh Ministers | 39 | ||
| Planning Inspectorate | 41 | ||
| Strategic Planning Panels | 41 | ||
| Local planning authorities | 42 | ||
| Mineral planning authorities | 45 | ||
| Statutory undertakers | 46 | ||
| Other bodies | 47 | ||
| 5: Development Plans | 51 | ||
| Introduction | 51 | ||
| Statutory position of development plans | 51 | ||
| Meaning of development plan | 52 | ||
| The National Development Framework | 53 | ||
| Strategic development plan | 55 | ||
| Local development plan | 56 | ||
| Local development plan process | 59 | ||
| 6: The Need for Planning Permission – Development | 65 | ||
| Introduction | 65 | ||
| Meaning of development | 66 | ||
| Operational development – general | 67 | ||
| Building operations | 67 | ||
| Demolition | 69 | ||
| Engineering operations | 70 | ||
| Mining operations | 71 | ||
| Other operations | 71 | ||
| Material change in use | 72 | ||
| General approach to material change in use | 73 | ||
| Planning unit | 74 | ||
| Character of use | 75 | ||
| Single activity and multiple activities | 75 | ||
| Intensification of use | 76 | ||
| Cessation and return to an earlier situation | 77 | ||
| Exceptions | 78 | ||
| Advertisements | 79 | ||
| 7: The Commencement of Development | 81 | ||
| Introduction | 81 | ||
| Date of carrying out development | 81 | ||
| Development in breach of condition | 83 | ||
| Notice before beginning development | 86 | ||
| Completion notices | 87 | ||
| 8: Development Consent Orders | 89 | ||
| Introduction | 89 | ||
| Meaning of nationally significant infrastructure project | 90 | ||
| Related consents | 91 | ||
| Associated development | 92 | ||
| Application procedure – general | 93 | ||
| Pre-examination procedure | 96 | ||
| Examination | 96 | ||
| Report and decision | 97 | ||
| 9: Grant of Planning Permission | 99 | ||
| Introduction | 99 | ||
| Development orders | 100 | ||
| Local development orders | 101 | ||
| Simplified planning zones and enterprise zones | 102 | ||
| Applications for planning permission | 103 | ||
| Developments of national significance | 103 | ||
| Optional application to Welsh Ministers | 104 | ||
| Call-in | 105 | ||
| Government authorisation and deemed planning permission | 106 | ||
| Applications to local planning authorities | 107 | ||
| Effect of planning permission | 108 | ||
| 10: Developments of National Significance | 109 | ||
| Introduction | 109 | ||
| Scope of developments | 109 | ||
| Criteria | 110 | ||
| Procedure and decision | 111 | ||
| 11: Outline and Miscellaneous Applications | 117 | ||
| Introduction | 117 | ||
| Outline permission and approval of reserved matters | 117 | ||
| Approval of matters other than reserved matters in accordance with a planning permission | 121 | ||
| Development without compliance with conditions previously attached | 123 | ||
| Retrospective applications | 125 | ||
| Non-material amendments to planning permission | 126 | ||
| 12: Application for Planning Permission – Procedural Steps | 129 | ||
| Introduction | 129 | ||
| Pre-application procedure | 130 | ||
| Planning application procedure | 132 | ||
| Fees | 133 | ||
| Acceptance of the application – validation | 134 | ||
| Steps after validation | 136 | ||
| Publicity and consultation | 136 | ||
| Planning committees and delegation | 139 | ||
| The decision notice | 140 | ||
| Crown development | 140 | ||
| Local planning authority development | 142 | ||
| 13: Planning Permission – Decision-making Framework | 145 | ||
| Introduction | 145 | ||
| Statutory context and particular duties | 145 | ||
| Town and Country Planning Act 1990, section 70 and Planning and Compulsory Purchase Act 2004, section 38(6) | 150 | ||
| Meaning of 'material considerations' | 153 | ||
| Land use and personal characteristics | 155 | ||
| Local concern | 156 | ||
| Financial considerations | 157 | ||
| Consistency | 157 | ||
| Precedent effect | 159 | ||
| Conditions and section 106 obligations | 159 | ||
| National policy | 160 | ||
| 'Fall-back' | 160 | ||
| 14: Conditions | 161 | ||
| Introduction | 161 | ||
| Power to impose conditions – statutory provisions | 161 | ||
| Scope of the power and ability to secure compliance | 163 | ||
| Validity generally | 165 | ||
| Planning purpose | 166 | ||
| 'Related to the development' | 166 | ||
| Reasonableness | 166 | ||
| Imposing conditions and deferral for later approval | 167 | ||
| Guidance | 168 | ||
| Construction of conditions | 170 | ||
| Effect of invalidity | 172 | ||
| 15: Section 106 Obligations | 175 | ||
| Introduction | 175 | ||
| Nature and form of section 106 obligations | 176 | ||
| Statutory test for requiring an obligation | 177 | ||
| Guidance | 180 | ||
| Fairness and publicity | 182 | ||
| Duration, modification and discharge | 183 | ||
| 16: Community Infrastructure Levy | 187 | ||
| Introduction | 187 | ||
| Statutory framework | 188 | ||
| Charging schedule | 189 | ||
| 17: Appeals | 193 | ||
| Introduction | 193 | ||
| Right of appeal | 194 | ||
| Time limits | 195 | ||
| Appeal notice | 197 | ||
| Procedure on appeal | 198 | ||
| Appointed persons and Welsh Ministers | 198 | ||
| Determination of applicable procedure | 199 | ||
| Written representations | 200 | ||
| Hearings | 202 | ||
| Inquiries | 204 | ||
| Costs | 207 | ||
| 18: Enforcement | 209 | ||
| Introduction | 209 | ||
| Breach of planning control and time limits | 210 | ||
| Planning contravention notices and other investigatory powers | 214 | ||
| Enforcement notices | 216 | ||
| Enforcement notices and EIA development | 218 | ||
| Enforcement notice – procedural steps and formalities | 219 | ||
| Content of enforcement notice | 220 | ||
| Enforcement notices – further drafting issues | 221 | ||
| Enforcement notices – duration | 222 | ||
| Failure to comply with enforcement notice – further measures | 224 | ||
| Powers of Welsh Ministers | 225 | ||
| Stop notices | 225 | ||
| Temporary stop notices | 227 | ||
| Breach of condition notices | 228 | ||
| Injunctions | 229 | ||
| Enforcement warning notices | 232 | ||
| Discontinuance and other orders | 233 | ||
| The Crown and Crown land | 233 | ||
| 19: Enforcement Notice Appeals | 235 | ||
| Introduction | 235 | ||
| Right of appeal and statutory grounds | 235 | ||
| Method of appeal | 237 | ||
| Procedure | 238 | ||
| Unauthorised EIA development | 241 | ||
| Effect of appeal and powers on appeal | 242 | ||
| Costs | 245 | ||
| 20: Criminal Proceedings for Breach of Enforcement and Other Notices | 247 | ||
| Introduction | 247 | ||
| Failure to comply with enforcement notice – criminal proceedings | 247 | ||
| Enforcement notices – validity as a defence | 249 | ||
| Reinstatement or restoration of buildings or works | 251 | ||
| Stop notice | 251 | ||
| Stop notices – validity as a defence | 252 | ||
| Temporary stop notice | 252 | ||
| Breach of condition notice | 252 | ||
| Breach of condition notices – validity as a defence | 253 | ||
| Planning contravention notice | 254 | ||
| 21: Certificates of Lawfulness of Use or Development | 255 | ||
| Introduction | 255 | ||
| Section 191 certificate of lawfulness of existing use or development | 255 | ||
| Section 192 certificate of lawfulness of proposed use or development | 258 | ||
| Application procedure | 259 | ||
| Appeal | 260 | ||
| 22: Statutory Challenge and Appeals | 263 | ||
| Introduction | 263 | ||
| Section 284 | 264 | ||
| Right of challenge under section 288 | 266 | ||
| Grounds | 268 | ||
| Procedure | 272 | ||
| Powers of High Court | 274 | ||
| Enforcement notices – sections 285 and 289 | 275 | ||
| Development plans and other schemes and orders | 276 | ||
| 23: Judicial Review | 279 | ||
| Introduction | 279 | ||
| Procedure – general requirements | 280 | ||
| Procedure – formal steps | 283 | ||
| Grounds of judicial review | 285 | ||
| 24: Historic Environment | 291 | ||
| Introduction | 291 | ||
| Ancient Monuments and Archaeological Areas Act 1979 | 292 | ||
| Planning (Listed Buildings and Conservation Areas) Act 1990 | 294 | ||
| Listing process | 295 | ||
| Effect of listing | 296 | ||
| Appeals | 297 | ||
| Enforcement | 298 | ||
| Conservation areas | 301 | ||
| Index | 303 |