LEGAL REGULATORY Flashcards
What is the key legislation relating to planning?
Town and Country Planning Act 1990
- Governs land use planning and development control in England
Planning and Compulsory Purchase Act 2004
- Introduces local development frameworks and regional planning strategies.
Localism Act 2011
- Empowers local communities with decision-making in planning processes.
What is the key legislation relating to land compensation?
Planning and Compulsory Purchase Act 2004
- Updates the process for compulsory purchase and land compensation, streamlining procedures and reinforcing landowners’ rights.
What is Part L of the Building Regulations?
Conservation of fuel and power.
It sets out the requirements for the energy efficiency of buildings
When was the NPPF last updated and what key changes were made?
Updated December 2023.
Key changes such as greater flexibility for local authorities in meeting housing targets.
Currently being consulted for changes under labour.
Tell me about your experience of a legal/regulatory requirement relating to your work.
We often act for LPAs to review FVA’s to understand the amount of S106 (town and country planning act) can be paid.
Tell me about a current piece of case law you are aware of relating to your role.
The Woolwich Building Society v. Secretary of State
Rule that while emerging policies can be considered, they should not be given undue weight if they are not yet adopted
What are restrictive covenants in a lease or contract?
Clauses that limit or control how a property or land can be used
E.g. Preventing Alterations, Usage Restrictions or Building Limitations
What are positive covenants in a lease or contract?
They require the property owner or tenant to take specific actions or fulfil certain obligations.
e.g. Maintenance Duties & Service Payments
Tell me about title rights and easements
Legal concepts related to property ownership and usage
Title rights such as the to use, sell or lease.
Easements are a right to use someone else’s land. e.g. right of way, right to light.
What happened in the Fearn and others v The Board of Trustees of the Tate Gallery relating to private nuisance?
Residents said that the gallery’s viewing platform, which allowed visitors to overlook their private properties, constituted a nuisance.
The High Court ruled in favour of the Tate Gallery as it did not substantially interfere with the residents’ use.
Private nuisance claims must demonstrate a significant interference.
Burley Library, Leeds
Explain the purpose of section 106 agreements.
Tell me about the review mechanism you prepared and why it was needed?
Did you liaise with a legal expert as part of this project?
Ensure that developers contribute to local infrastructure and community services.
The mechanism was required to understand the amount of off-site S106 affordable housing contribution that would be required that is equivalent to the on-site discount in GDV.
We liaised with a solicitor who were involved in drafting the S106 agreement.
Kelham Central, Sheffield
Explain the CIL process required for this site.
How did you ensure CIL payments were made promptly?
CIL was calculated on a floor space basis, a form had to be filled and submitted.
Suggestions to amend the CIL calculation process to be related to the final GDV
Monitored timelines in a specific tracked and kept clear communication with the finance department.
Tell me about section 78 and the types of appeals?
Section 78 refers to a key part of the Town and Country Planning Act 1990
Appeals must be 6 months from the decision date for full planning applications and 12 weeks for householder applications.
Written Representation
Informal Hearing
Public Enquiry
What were the amendment made to CIL in 2019?
One change was that Local authorities were given the ability to introduce CIL payment schedules that allow developers to pay in instalments over time, rather than requiring the full payment upfront.
