SHE Alert: New guideline for sentencing environmental offences
The Sentencing Council has issued a new mandatory guideline which will apply to all environmental offences that are sentenced on or after 1 July 2014…
Published 3 April 2014
In this planning alert we look at:
Also last month saw the launch of our planning law Twitter feed. Please follow us @planninglawUK to receive the latest industry news and opinion from our market-leading planning and environmental legal team, specialists in residential development, health and retail.
What happens if land is registered as a town or village green, when it shouldn’t have been?
Anyone may apply for rectification of the Commons Register and recent cases from the Supreme Court have shown that whilst there is no statutory deadline for making an application for rectification of the register, a lapse of time will be a material consideration in determining whether or not to rectify the Commons Register, but there is no presumption of prejudice simply due to a delay in applying; there must be evidence of significant detriment having occurred to others as a result of the lapse in time in submitting the application to rectify for rectification to be refused.
Meanwhile, limitations on when applicants can submit an application for designation of a site as a town or village green were introduced last year. Refinements on some of those timescales were introduced in February 2014.
While the ability to apply for a site to be designated a town or village green has been reined in since the Growth & Infrastructure Act changes of 2013, the new regime of listing buildings and land as Assets of Community Value (also known as the "right to bid") is fast taking its place as the NIMBY's method of choice to put a major thorn in landowners' and developers' sides.
In the light of the Government's pro-growth agenda, is now the time to be introducing a power for local people to thwart the development of sites which have often been vacant for some time? This new power is not what development or the economy needs at a time when development is starting to pick up and the economy improve.
In May 2013 the Government introduced permitted development (PD) rights to allow changes of use from B1(a) office to residential use without the need for planning permission and using only a "prior approval" process. Having lost the battle with Government over areas to be exempted from the PD rights though, local planning authorities are now making article 4 directions to exclude areas of their authority from operation of the PD rights. Many local authorities are also requiring section 106 obligations in relation to perceived impacts beyond the limited prior approval grounds of highways impacts, flooding and contamination.
While the office to residential permitted development rights bed down, from 6 April 2014 further permitted development rights are being introduced to allow the conversion of:
Last month also saw the launch of the Government's new online and updated National Planning Policy Guidance (NPPG). The NPPG replaces over 150 planning guidance documents, while containing over 40 guidance notes of its own.
The NPPG can be accessed here
Several planning related announcements were also made in the recent Budget. In particular the Chancellor has formally recognised the 3 tiers of planning approvals:
This suggests that more use is to be made of the prior approval process along the lines of the office to residential and retail and agriculture to residential PD rights that are already being introduced.
Returning for a second year Environmental Claims 2014 will discuss the latest issues affecting the industry. Anne Harrison of DAC Beachcroft, along with other leading environmental lawyers, insurance experts, flooding specialists and regulators will be speaking at this enlightening conference at the ICO Conference Centre in London on 1 May. Clients of DAC Beachcroft are offered a 25% discount off the full delegate rate. Simply register via the website and use the code SPEAKER25 to receive the discount. Multiple discounts cannot be applied.
Key topics for discussion include:
Please find further details and book your place here