Welsh Planning Law and Practice , livre ebook

T H E P U B L I C L A W OF WALES
Welsh Planning Law and Practice
T H E P U B L I C L A W O F W A L E S
Welsh Planning Law and Practice
Graham Walters -->

UNIVERSITY OF WALES PRESS 2017
© Graham Walters, 2017
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Series Preface
F or several centuries after the union of the two countries under the Tudors, the laws which applied in England and the laws which applied in Wales were almost exactly identical. Although administered differently in Wales by the courts of Great Session, the laws were not different. Only in the nineteenth century, barely half a century after the abolition of the Great Sessions in 1830, did laws begin to be made for Wales which did not apply in neighbouring England. The number of such laws however remained small when compared with those which were common to both countries. England and Wales was a single law district with a single law - the law of England and Wales, which was in reality English law.
Devolution has changed that situation significantly. The creation of the National Assembly for Wales and its subsequent acquisition of primary law-making powers has meant that there is now a growing number of differences between the laws which apply in Wales and those which apply in England. Although in the majority of cases, the laws of the two countries remain the same, there is an increasing divergence in the rules relating to those matters which have been devolved. In truth, there are now three bodies of law in England and Wales: one which applies only in Wales; a second which applies only in England, and a third which applies in both countries. Whenever the National Assembly legislates for Wales or the United Kingdom Parliament legislates only for England, the divergence increases. As that divergence increases, so does the importance that lawyers, law students and the public should be able to inform themselves of what the law is in Wales. People need to know the laws which govern their lives from the perspective of the society in which they live. In both countries, lawyers need to know what the law is on either side of the border
The temptation has been to present the law which applies in Wales in terms of the law which applies in England, while merely noting the differences. As divergence increases, that approach becomes not merely unhelpful from a Welsh perspective, but unacceptable. The purpose of this series therefore is to present to the professions and to the public an account of the law as it applies in Wales in the areas where there is now divergence, and in so doing to both redress the deficit and provide the foundation for a legal literature to serve the distinct needs of Wales.
Thomas Glyn Watkin
Contents
Series Preface
Foreword
Preface
Copyright acknowledgements
Table of Cases
Table of Acts and Measures
Table of Statutory Instruments
List of Circulars
List of Abbreviations
1 History and Structure of Devolution
Introduction
History
Current position and status of law and policy
Statutory interpretation
2 Devolution and Planning - An Overview
Introduction
Areas of divergence
Primary legislation - general
Planning (Wales) Act 2015
Town and Country Planning Act 1990
Secondary legislation
Policy framework
3 Welsh Language and the Planning System
Introduction
Official status of the Welsh language
Welsh language standards
Welsh language as a material consideration
4 Planning Bodies
Introduction
UK Parliament and Government
National Assembly for Wales
Welsh Ministers
Planning Inspectorate
Strategic Planning Panels
Local planning authorities
Mineral planning authorities
Statutory undertakers
Other bodies
5 Development Plans
Introduction
Statutory position of development plans
Meaning of development plan
The National Development Framework
Strategic development plan
Local development plan
Local development plan process
6 The Need for Planning Permission - Development
Introduction
Meaning of development
Operational development - general
Building operations
Demolition
Engineering operations
Mining operations
Other operations
Material change in use
General approach to material change in use
Planning unit
Character of use
Single activity and multiple activities
Intensification of use
Cessation and return to an earlier situation
Exceptions
Advertisements
7 The Commencement of Development
Introduction
Date of carrying out development
Development in breach of condition
Notice before beginning development
Completion notices
8 Development Consent Orders
Introduction
Meaning of nationally significant infrastructure project
Related consents
Associated development
Application procedure - general
Pre-examination procedure
Examination
Report and decision
9 Grant of Planning Permission
Introduction
Development orders
Local development orders
Simplified planning zones and enterprise zones
Applications for planning permission
Developments of national significance
Optional application to Welsh Ministers
Call-in
Government authorisation and deemed planning permission
Applications to local planning authorities
Effect of planning permission
10 Developments of National Significance
Introduction
Scope of developments
Criteria
Procedure and decision
11 Outline and Miscellaneous Applications
Introduction
Outline permission and approval of reserved matters
Approval of matters other than reserved matters in accordance with a planning permission
Development without compliance with conditions previously attached
Retrospective applications
Non-material amendments to planning permission
12 Application for Planning Permission - Procedural Steps
Introduction
Pre-application procedure
Planning application procedure
Fees
Acceptance of the application - validation
Steps after validation
Publicity and consultation
Planning committees and delegation
The decision notice
Crown development
Local planning authority development
13 Planning Permission - Decision-making Framework
Introduction
Statutory context and particular duties
Town and Country Planning Act 1990, section 70 and Planning and Compulsory Purchase Act 2004, section 38(6)
Meaning of material considerations
Land use and personal characteristics
Local concern
Financial considerations
Consistency
Precedent effect
Conditions and section 106 obligations
National policy
Fall-back
14 Conditions
Introduction
Power to impose conditions - statutory provisions
Scope of the power and ability to secure compliance
Validity generally
Planning purpose
Related to the development
Reasonableness
Imposing conditions and deferral for later approval
Guidance
Construction of conditions
Effect of invalidity
15 Section 106 Obligations
Introduction
Nature and form of section 106 obligations
Statutory test for requiring an obligation
Guidance
Fairness and publicity
Duration, modification and discharge
16 Community Infrastructure Levy
Introduction
Statutory framework
Charging schedule
17 Appeals
Introduction
Right of appeal
Time limits
Appeal notice
Procedure on appeal
Appointed persons and Welsh Ministers
Determination of applicable procedure
Written representations
Hearings
Inquiries
Costs
18 Enforcement
Introduction
Breach of planning control and time limits
Planning contravention notices and other investigatory powers
Enforcement notices
Enforcement notices and EIA development
Enforcement notice - procedural steps and formalities
Content of enforcement notice
Enforcement notices - further drafting issues
Enforcement notices - duration
Failure to comply with enforcement notice - further measures
Powers of Welsh Ministers
Stop notices
Temporary stop notices
Breach of condition notices
Injunctions
Enforcement warning notices
Discontinuance and other orders
The Crown and Crown land
19 Enforcement Notice Appeals
Introduction
Right of appeal and statutory grounds
Method of appeal
Procedure
Unauthorised EIA development
Effect of appeal and powers on appeal
Costs
20 Criminal Proceedings for Breach of Enforcement and Other Notices
Introduction
Failure to comply with enforcement notice - criminal proceedings
Enforcement notices - validity as a defence
Reinstatement or restoration of buildings or works
Stop notice
Stop notices - validity as a defence
Temporary stop notice
Breach of condition notice
Breach of condition notices - validity a