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Planning Enforcement

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Author/EditorHarwood QC, Richard (Author)
Publisher: Bloomsbury Publishing Plc
ISBN: 9781526506726
Pub Date18/05/2020
BindingPaperback
Pages664
Edition3rd ed
Dimensions (mm)248(h) * 156(w)
¥28,117
excluding shipping
Availability: Available to order but dispatch within 7-10 days
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Planning enforcement is one of the most diverse and complex areas of law. It is primarily concerned with the taking of steps against development carried on without planning permission or in breach of conditions on a planning permission. These powers are principally contained in Part VII of the Town and Country Planning Act 1990. They were heavily amended by the Planning and Compensation Act 1991. Subsequent amendments have been made in the Planning and Compulsory Purchase Act 2004 (introducing temporary stop notices) and the Localism Act 2011 (dealing with time limits and advertising enforcement).

Key topics explored and analysed in this edition include:

- the parallel enforcement provisions for listed buildings, conservation areas and the remainder of the historic environment
- similar provisions for hazardous substances
- a batch of powers in Part VIII of the TCPA 1990 on trees, tidying up land and advertising
- enforcement of planning obligations.
- the Community Infrastructure Levy and the new development consent regime for nationally significant infrastructure projects under the Planning Act 2008
- the Human Rights Act as decisions to carry out enforcement are affected by the Act as well as a raft of duties such as the Public Sector Equality Duty and responsibilities towards children.

Planning Enforcement, Third Edition complements Planning Permission and Planning Policy, offering a comprehensive and authoritative Bloomsbury Professional library for the planning practitioner.

Planning enforcement is one of the most diverse and complex areas of law. It is primarily concerned with the taking of steps against development carried on without planning permission or in breach of conditions on a planning permission. These powers are principally contained in Part VII of the Town and Country Planning Act 1990. They were heavily amended by the Planning and Compensation Act 1991. Subsequent amendments have been made in the Planning and Compulsory Purchase Act 2004 (introducing temporary stop notices) and the Localism Act 2011 (dealing with time limits and advertising enforcement).

Key topics explored and analysed in this edition include:

- the parallel enforcement provisions for listed buildings, conservation areas and the remainder of the historic environment
- similar provisions for hazardous substances
- a batch of powers in Part VIII of the TCPA 1990 on trees, tidying up land and advertising
- enforcement of planning obligations.
- the Community Infrastructure Levy and the new development consent regime for nationally significant infrastructure projects under the Planning Act 2008
- the Human Rights Act as decisions to carry out enforcement are affected by the Act as well as a raft of duties such as the Public Sector Equality Duty and responsibilities towards children.

Planning Enforcement, Third Edition complements Planning Permission and Planning Policy, offering a comprehensive and authoritative Bloomsbury Professional library for the planning practitioner.

Richard Harwood OBE KC is a barrister at 39 Essex Street. He specialises in planning, environment and public law, acting for developers, landowners, central and local government, individuals and interest groups. He appears in the courts, inquiries, examinations and hearings, including frequently in the Planning Court and appellate courts. Voted as one of the top ten Planning Silks in Planning magazine's surveys, he has appeared in many of the leading cases of recent years.

Chapter 1 Introduction Chapter 2 Breach of Planning Control Chapter 3 Time Limits on Enforcement Chapter 4 The Decision to Enforce and the Developer's Response Chapter 5 Obtaining Information Chapter 6 Enforcement Notices Chapter 7 Appeal against an Enforcement Notice Chapter 8 Enforcing Enforcement Notices: Prosecution and Direct Action Chapter 9 Environmental Impact Assessment Chapter 10 Stop Notices Chapter 11 Temporary Stop Notices Chapter 12 Breach of Condition Notices Chapter 13 Submission Notices in Northern Ireland Chapter 14 Injunctions Chapter 15 Discontinuance, Revocation and Maintenance of Land Chapter 17 Trees and Hedgerows Chapter 18 Advertising Control Chapter 19 Planning Obligations and Planning Agreements Chapter 20 Hazardous Substances Chapter 21 Nationally Significant Infrastructure Projects Chapter 22 Community Infrastructure Levy Chapter 23 Lawful Development Certificates Chapter 24 High Court Challenges Appendix 1 Town and Country Planning Act 1990 Appendix 2 The Town and Country Planning (Enforcement Notices and Appeals (England) Regulations 2002 (SI 2002/2682) Appendix 3 The Town and Country Planning (Enforcement) (Written Representations Procedure) (England) Regulations 2002 (SI 2002/2683) Appendix 4 The Town and Country Planning (Enforcement) (Hearings Procedure) (England) Rules 2002 (SI 2002/2684) Appendix 5 The Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002 (SI 2002/2685) Appendix 6 The Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002 (SI 2002/2686) Appendix 7 Model Forms

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