Planning Law Bulletin – February 2020
February 17, 2020
In the February 2020 edition of the planning law bulletin:
Beauty, Trees and Zoning
As the United Kingdom begins to plot a new course outside the European Union, 2020 has begun with a flurry of reports (doubtless with one eye on the forthcoming Planning White Paper in England) recommending changes to planning law and land use policies, whether in the interests of economic development, more beautiful places, nature conservation or combatting climate change.
Green Belt (again) – the Supreme Court has ruled further on the interpretation of Green Belt policy
Along with the specified exceptions in paragraph 145 of NPPF, certain other forms of development are also ‘not inappropriate’ for Green Belt purposes, but only if they preserve the openness of the Green Belt and do not conflict with the purposes of including land within it. How to assess effects upon openness when applying the guidance has recently been considered by the Supreme Court.
Permitted Development (1) – payphone kiosks and advertisements
When is a telephone kiosk not a telephone kiosk – or more particularly when does the installation or replacement of a telephone kiosk cease to be permitted development?
The Use (and Abuse) of Section 73
What are the limits on the use of the procedure in Section 73 of the Town and Country Planning Act 1990 to amend the authorised development?
Actual Use, Lawful Use and Ancillary Use – when designating Assets of Community Value
In a recent appeal against the listing of ‘set-aside’ agricultural land as an Asset of Community Value the First Tier Tribunal has grappled with the question of actual, lawful and ancillary uses when determining whether the current use is one which furthers the social wellbeing or social interests of the local community.
Permitted Development (2) – the relationship to restrictive covenants
The Upper Tribunal has determined a leaseholder’s application to discharge or modify a restrictive covenant which the local authority freeholder had refused to modify in order to enable a ‘permitted development’ office to residential change of use scheme to be implemented.
The Power to Amend a Proposals Map – to correct a manifest error
Can a local planning authority amend a Local Plan Proposals Map to correct an error in an important policy area boundary by simple resolution?
In Brief: new CPO guidance and new permitted development rights in Wales?
Planning law and policy continues down its own distinctive path as illustrated by two recent Welsh Government consultations.
Peter Dixon is a Chartered Surveyor who transferred to the Bar in 2013 after more than 25 years’ in practice in planning and development. He is head of the planning department at Exchange Chambers.
