Planning Law

Thorough, detailed and approachable, Neil Collar’s Planning provides and excellent introduction to the subject. This third edition reviews the wide ranging changes to the planning system in Scotland, introduced by the Planning etc (Scotland) Act 2006.

Dealing with all aspects of town and country planning, and specifically written to help you solve the problems you are likely to face in daily practice, Planning Law: Practice and Precedents:

 

  • Gives full explanation of the law and procedure
  • Includes an annual supplement containing an extensive range of forms and precedents
  • Provides comprehensive coverage by approaching each topic with both the applicant and local planning authority in mind
  • Explains the law and procedure relating to each topic in the narrative, with references to the relevant statutes, SIs, circulars, policy documents, cases and published planning appeal decisions
  • Deals with the practical issues that both private sector and local authority practitioners come across in their day-to-day work
  • Includes regular updates, ensuring that all coverage is current and reliable
  • Provides contents arranged in a logical, transaction-based order to reflect the way you work

The most comprehensive source of information and guidance on planning law and policy, the Encyclopedia of Planning Law and Practice:

  • Includes all relevant legislation including EC legislation as well as domestic statutes and statutory instruments
  • Reproduces all the relevant policy documents for England and Wales, giving you access to the National Planning Policy Framework, National Planning Practice Guidance (included in R.184 in June 2014), Planning Policy Wales and other useful national and EU guidance
  • Contains clear and in-depth annotations which explain each statement of the law and comment on all appropriate judicial decisions, so that the law is put into, context, technicalities are understood fully, and problems can be identified
  • Contains expanded expert commentary on the most important Government policy documents
  • Notes derivations of and amendments to legislation
  • Updated by monthly bulletins and quarterly looseleaf releases to keep you ahead of the changes

Coverage in forthcoming releases and monthly bulletins will include:

  • The full text of the National Planning Practice Guidance with commentary on the key parts.
  • Expanded commentary on the National Planning Policy Framework.
  • Textual amendments and commentary on the changes brought about by the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013, and any further changes introduced with regard to use classes and permitted development rights.
  • Integration with existing provisions and commentary on the the Growth and Infrastructure Act 2013.
  • Full updating and rewriting of the annotations to:
    – Part II of the Town and Country Planning Act 1990, including sections 55, 70-73, and 106-106C (including new provisions from the Growth and Infrastructure Act 2013).
    – Part VII of the Town and Country Planning Act 1990 on planning enforcement.
    – Part IX of the Town and Country Planning Act 1990 on acquisition, CPO and appropriation.
  • Review and update of Crown planning control.
  • Following the rewriting of the Strategic Environmental Assessment (SEA) commentary earlier in 2013, updating to reflect judgments in HS2 litigation.
  • Review and updating of the Habitats commentary.
  • Inclusion of and annotations on the Aarhus convention and protective costs.
  • A full review of the planning policy section.
  • A review and slimming down of the statutory instruments section.
  • The addition of some new materials such as the more important good practice guides and further EU material.
  • Emerging policy on applications for hydraulic fracturing of shale gas (fracking).
  • A revised format and content for the monthly bulletins in 2014 in order to provide customers with a broader update on key developments in planning law and policy.

For almost 50 years the Encyclopedia of Compulsory Purchase and Compensation has offered a complete and fully up-to-date guide to this complex area of the law. The two-volume looseleaf:

  • Provides a complete and up-to-date guide to the complex provisions of the law relating to compulsory purchase
  • Presents detailed coverage of the powers of relevant authorities
  • Examines the authorisation procedure for compulsory purchase orders, procedure after the order, and compensation
  • Explains the rules which regulate entitlement to compensation if a landowner or occupier suffers loss
  • Advises on the best methods and procedures for challenging compulsory purchase orders
  • Discusses and explains purchase notice and blight notice procedures
  • Provides tables which show the main Acts authorising acquisition in accordance with the Acquisition of Land Act 1981 and those which confer powers of acquisition not governed by the 1981 Act
  • Reproduces all the Acts, fully annotated, which comprise the general law relating to compulsory purchase and compensation
  • Includes the text of over 100 SIs and 40 circulars with expert commentary
  • Contains a section of case summaries which contains details of over 200 key judicial decisions including leading decisions of the Lands Tribunal

During 2012 the Encyclopedia will cover the following changes:

The Localism Act 2011 received the Royal Assent on November 15, 2011. In accordance with s.128 of and Sch.13 to the Act, the Infrastructure Planning Commission (the “IPC”) is to be abolished and the powers conferred by the Planning Act 2008 in respect of applications for development consent for nationally significant infrastructure projects are to be transferred to the Secretary of State. Formal transfer of such powers will have been achieved by April 1, 2012; the IPC will cease to exist on March 31, 2012.

The Localism Act 2011 (Commencement No.2 and Transitional and Saving Provision) Order 2012 (SI 2012/57) was made on January 11, 2012. The Order brought part of the relevant provisions of the 2011 Act into effect thereby enabling interim arrangements to be made for the transitional period which will occur in respect of applications for development consent already made to the IPC, but which have not yet been determined. These arrangements are to be made pursuant to a direction given by the Secretary of State.

Further delegated legislation relevant to the IPC has recently been included in the Encyclopedia, including:

 

  • The Infrastructure Planning (Changes to and Revocation of Development Consent Orders) Regulations 2011 (SI 2011/2055)
  • The Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2011 (SI 2011/2741)

 

Section232 of the Localism Act 2011 provides for the repeal and replacement of ss 14-18 of the Land Compensation Act 1961 relevant to: (a) the planning assumptions that are to be made in determining claims for compensation following compulsory acquisition of land, and (b) applications for and appeals relevant to certificates of appropriate alternative development.
Annotations to these revised provisions will be included in future Releases.