11. Planning Appeals, Human Rights & Key Legal Principles Flashcards
What circumstances can appeals be lodged?
- Refusal to grant planning permission or failure to determine a failure case (can only be submitted by the applicant)
- Enforcement Notice (lodged by person with interest in land)
- Failure/refusal of Certificate of Lawfulness
Who can make appeals?
Named person on Planning Application (anyone with legitimate interest can make a high court challenge)
What procedure can an appeal follow? Who decides the procedure?
Bonus: what appeals follow what procedures?
- Written representations
- Hearing (round table discussion)
- Inquiry (formal with barristers)
Planning Inspectorate decides procedure
Bonus: Vast majority are written reps.
Many enforcement and lawfulness cases are hearing or inquiry due to complexity and need for evidence
Who covers the cost of appeals?
Appellants bear all costs
Parties of either side can apply for an award of costs where conduct of another party has been unreasonable
When must an appeal with PI be lodged?
Within 6 months of relevant date
- Householder - 12 weeks
- advertisement - 8 weeks
- Enforcement Notice - 28 days from EN
What is case law?
Sets out how a policy should be interpreted and is binding
What is Wednesbury Unreasonableness?
A decision is unlawful (takes into account factors that ought not to be taken into account, fails to take account factors that ought to be, takes a decision that is so u reasonable, no reasonable authority would consider taking it)
Unreasonable or irrational decision (error of reasoning which robs the decision of logic)
What is the Planning Unit?
The unit of occupation
What are the 3 factors that decide building operation?
Size to be constructed on site
Permanence
Physical attachment
What are the types of planning decision?
- Approve with conditions
- Approve with conditions and S106
- Legal Agreement
- refuse
- Non-determination
What is a time limit condition?
Specifies time limit which development must begin
What is pre-commencement conditions?
Details to be formally approved prior to construction starting on site
What are pre-occupation conditions?
Certain things that have to happen before new development can be occupied - domestic facilities like bin stores and parking spaces
What are compliance or performance conditions?
Requires the applicant to do specific things usually throughout the life of the development
Conditions should be imposed when they are?
- Necessary
- Relevant to planning
- Relevant to development
- Enforceable
- Precise
- Reasonable in all other respects
What should reasons for refusal be supported by?
Policy from LDP, London Plan, Neighbourhood Plan or NPPF
What is not appropriate in principle?
The scheme will be completely at odds with planning policy
What is community infrastructure levy?
Charge which can be levied by local authorities on new developments in their area
What type of human rights are most common in planning casework?
Qualified Rights
What articles of qualified rights are most common?
Article 9 - freedom of thought, conscience and religion
Article 10 - freedom of expression
Article 11 - freedom of assembly and association
What are the three aims in the S149(1) under the Equality Act 2010?
- eliminate discrimination, harassment and victimisation
- advance equality or opportunity between persons who share a protected characteristic and those who don’t
- foster good relationships between person whoo share protected characteristics and those who do t
What are protected characteristics?
age, disability, marriage/civil partnership, pregnancy/maternity, race, religion, sex/gender
