DCP Updates, November 2008
Some of the issues dealt with in this release include: -
- The situation where draft advice becomes policy after an inquiry (3.1313)
- The role of Architects in the development control process (3.82)
- The fallback situation of existing planning use intensifying (4.1483)
- The weight given to the argument that an owner was not aware that a property was listed when carrying out unauthorised works (4.3722)
- The design of the internal circulation system within housing sites (7.1392)
- The need to integrate affordable housing into the existing immediate neighbourhood (7.337)
The sections that have been completely updated as part of this revision deal with the role of various decision makers in the decision making process (3), the “fallback” of a planning permission or development right (4.148), Listed building control (4.3722) Density, mix and occupancy issues (7.138), Layout and design (7.139) and Affordable Housing (7.3).
We have also added the following documents to the DCP online/CD appendix:-
- Trees (Amendment) (England) Regulations 2008
- Tree Preservation Orders - A Guide to the Law and Good Practice Addendum
- Circular 1 08 The Town and Country Planning (General Permitted Development) (Avian Influenza) (Scotland) Amendment Order 2008
- Circular 2 08 Statutory Guidance on Strategic Development Planning Authorities
DCP Updates, September 2008
Some of the issues dealt with in this release include: -
- Whether the establishment of a second home or holiday home can be controlled through the planning system (4.1211)
- Whether moral objections to a development can be a material consideration (4.123)
- The area of the human rights convention that deals with the right to respect for private and family life (4.1253)
- What considerations have been used to determine applications for listed building consent affecting internal features (4.3742)
- Whether accretions to listed buildings require consent (4.376)
- The fear of crime from using an ATM in a isolated location (15.337)
The sections that have been completely updated as part of this revision deal with Social engineering, Cultural matters, Moral issues and Criminality (4.12), Human rights (4.125), External alterations to listed buildings (4.375), Extensions and accretions to listed buildings (4.376) and Cash Dispensers (15.3). In addition all of the Q&A sections have been brought up to date and DCS numbers have been added to many more appeal cases allowing you to download them more easily.
We have also added the following documents to the DCP online/CD appendix:-
- PAN 65 Planning and open space 2008
- Environmental Impact Assessment (Amendment) (England) Regulations 2008
- Environmental Impact Assessment and Reviews of Mineral Planning Permissions
- General Permitted Development (Amendment) (Wales) Order 2008
- General Permitted Development (Avian Influenza) (Scotland) Amendment Order 2008
- Local Authorities (Model Code of Conduct) (Wales) Order 2008
- National Security Directions and Appointed Representatives (Scotland) Rules 2008
Some of the issues dealt with in this release include: -
- Removal of eyesore buildings (4.1413)
- Whether the use of flats as a single dwelling requires permission (4.3243)
- Whether maggot farming is agriculture (4.3441)
- The conversion of rural buildings into Live/Work units (10.5331)
- Where an LPA perceives that a use may have a sexual purpose (17.222)
- Where a material change of use of a haulage use is held to have occurred through intensification (20.4111)
The sections that have been completely updated as part of this revision deal with the materiality of the consideration of existing use of the site (4.14), The planning unit (4.324), The definition of agriculture (4.3441), Statutory consultation (5.16), Live/work units (10.5), Health and beauty uses (17.2) and Haulage uses (20.4).
We have also added the following documents to the DCP online/CD appendix:-
- P.P.S. 12 - Local Spatial Planning
- PPS 25 Development and Flood Risk 6/08
- Model standards 2008 for Caravan Sites in England
- CLG Circular 02 08 Standard Application Form and Validation
- Environmental Impact Assessment (Mineral Permissions and Amendment)(England) Regulations 2008
- Local Development (England) (Amendment) Regulations 2008
Some of the issues dealt with in this release include: -
- Where a particular use is held to inhibit the development of adjoining land (4.1311)
- The practicalities of control over elevational design (4.1321)
- Whether a light column can be held to be an advertisement (4.3613)
- The powers to issue Temporary Stop Notices (4.517)
- The situations where local authorities may be liable to pay damages as the result of negligence (6.27)
- The situation where an incomplete application is submitted to a local authority (6.31)
- The impact of betting office proposals on the vitality and viability of shopping centres (15.231)
- The fixing of lights to listed buildings (27.3333)
The sections that have been completely updated as part of this revision deal with extant and cancelled ministerial advice (1.71/2), Control of advertisements (4.36), Enforcement (4.5), Compensation (6.2), Validity and consistency of local authority decisions (6.3), Betting Offices (15.2) and Extensions to listed buildings (27.3).
We have also added the following documents to the DCP online/CD appendix:-
- General Development Procedure (Amendment) (England) Order 2008
- Listed Buildings and Conservation Areas(Amendment) (England) Regulations 2008
- PAN 84 Reducing Carbon Emmissions in New Development
- CLG Circular 02 08 Standard Application Form and Validation
- General Permitted Development (Amendment) (England) Order 2008
- Determination of Appeals by Appointed Persons (Prescribed Classes) (Amendment) (England) Regulations 2008
- Mayor of London Order 2008
- Fees for Applications and Deemed Applications (Amendment) (England) Regulations 2008
If you would like a free weekly DCP News update sign up to our DCP Weekly. This newsletter, extracted from our DCP News section of DCP Online is a weekly digest of new legal and practice developments. It updates the information contained in DCP and each item contains a reference to the DCP section updated. It is available free to anyone. Encourage your colleagues to check out the DCP News section of DCP Online to sample topics covered in this weekly digest at www.dcp-online.co.uk and click on the DCP News button. You do not have to be a DCP Online subscriber to access this section of the website.