Welsh Planning Law and Practice

Graham Walters

Welsh Planning Law and Practice

Graham Walters

Distributed for University of Wales Press

368 pages | 6 x 9
Cloth $200.00 ISBN: 9781786831552 Published January 2018 For sale in North and South America, Australia, and New Zealand only
This book provides a comprehensive guide to the sources and structure of Welsh planning law. It looks at policies affecting land in Wales in the context of shared principles, concepts, and case law common to England and Wales. It is designed as a practical handbook for those working within planning and shaping development in Wales.
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
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 authorization 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 Applications 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 as a defence
Planning contravention notice
21 Certificates of Lawfulness of Use or Development
Introduction
Section 191 certificate of lawfulness of existing use or development
Section 192 certificate of lawfulness of proposed use or development
Application procedure
Appeal
22 Statutory Challenge and Appeals
Introduction
Section 284
Right of challenge under section 288
Grounds
Procedure
Powers of High Court
Enforcement notices – sections 285 and 289
Development plans and other schemes and orders
23 Judicial Review
Introduction
Procedure – general requirements
Procedure – formal steps
Grounds of judicial review
24 Historic Environment
Introduction
Ancient Monuments and Archaeological Areas Act 1979
Planning (Listed Buildings and Conservation Areas) Act 1990
Listing process
Effect of listing
Appeals
Enforcement
Conservation areas
Index
 
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