This two day course is an introduction to the essential aspects of planning law and focusses on those areas which are particularly pertinent to commercial property and planning lawyers.
It is aimed at those who have no (or very little) knowledge of the topic but are joining the planning group within a firm or are commercial property lawyers called upon to advise on planning issues as part of commercial property transactions. It is also ideal for those who have some experience in the field and need an update following significant changes to the planning regime in the past few years.
Learning is reinforced by case studies and discussion.
• Why do we have planning? Origins of the modern system and the Town and Country Planning Act 1947
• The current legal framework - the Town and Country Planning Act 1990, Planning Act 2008, Localism Act 2011, Growth and Infrastructure Act 2013
• Why do we need planning permission? Exceptions to the need for planning permission
• Outline permission and full permission
• Permitted development rights, general, special and local development orders, enterprise zones and simplified planning zones
• Applying for planning permission and the criteria for the decision
• What is the development plan and how is it created? The role of the public
• What are 'material considerations' and what is the role of Government policy?
• Supporting documents and processes - design and access statements
• Environmental impact assessment
• Decision periods, rights of appeal and Judicial Review
• High Court and Secretary of State respective supervisory roles
• Section 106 agreements
• Community Infrastructure Levy
• The duration of planning permission
• Enforcement of planning control
• Time limits for enforcement, and concealed breaches
• Listed Building Control: What is a listed building? What does a listing look like?
• Conservation area control: How is it different in the Green Belt, Areas of Outstanding Natural Beauty and World Heritage Sites?
• Nationally Significant Infrastructure Projects - the process under the Planning Act 2008
• Granting planning permission by a Hybrid Bill - Crossrail, HS2 and CTRL
• The National Planning Policy Framework
• What next ? A preview of possible reforms