Misplaced Pages

#790209

79-600: Town and country planning in the United Kingdom is the part of UK land law which concerns land use planning . Its goal is to ensure sustainable economic development and a better environment. Each country of the United Kingdom has its own planning system that is responsible for town and country planning, which outside of England is devolved to the Northern Ireland Assembly , the Scottish Parliament and

158-642: A building's technical requirements. Also, plans might change on site to overcome unforeseen problems. Legality of minor amendments was challenged in 2006, and central government advice to many local authorities was that any variation to a planning permission should require planning approval. The Localism Act 2011 introduced wide-ranging changes to the planning system in England. The bill introduced legal provision under which local communities (led by parish councils or neighbourhood forums) could develop neighbourhood plans. Similar to development management documents produced by

237-454: A country must be in agreement. Globally, there has been an increased focus on land rights, as they are so pertinent to various aspects of development. According to Wickeri and Kalhan, land ownership can be a critical source of capital, financial security, food, water, shelter, and resources. The UN Global Land Tool organisation has found that rural landlessness is a strong predictor of poverty and hunger, and negatively impacts Empowerment and

316-492: A creche, day nursery or day centre, not including a residential use, principally to visiting members of the public, (g)for— (i)an office to carry out any operational or administrative functions, (ii)the research and development of products or processes, or (iii)any industrial process, being a use, which can be carried out in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit. It also introduced

395-415: A different Use Class generally requires permission. Separate Orders are made in respect of England, Scotland and Wales. In all cases the appropriate Class is determined by the 'primary purpose' of the use and a use may have other elements that are different but ‘ordinarily incidental’. For example, a restaurant may have some takeaway sales. The use of some properties is also limited by conditions imposed on

474-523: A higher status within the household, allowing more equality and bargaining power. In addition, owning property separately from their husbands allowed women an opportunity of escape from abusive relationships . Agarwal concluded that the prospect of a safe shelter outside of the main household decreases the longevity of domestic violence. Land rights are critical for women in India due to the heavily patriarchal society in which they live. Cultural perspectives play

553-519: A key role in the acceptance of equality within land ownership. Women owning land ultimately benefits the household and society as a whole. The most recent advance towards equality in land rights in India was the Hindu Succession Act of 2005 . This act aimed to remove the gender discrimination which was present in the Hindu Succession Act, 1956 . In the new amendment, daughters and sons have equal rights to obtain land from their parents. This act

632-425: A museum, (d)as a public library or public reading room, (e)as a public hall or exhibition hall, (f)for, or in connection with, public worship or religious instruction, (g)as a law court. Class F.2 Local community Use as— (a)a shop mostly selling essential goods, including food, to visiting members of the public in circumstances where— (i)the shop’s premises cover an area not more than 280 metres square, and (ii)there

711-420: A new Class F1 and F2 replacing those uses from the previous Class D1 and D2 that had not been swept up into Class E. Class F2 is unusual in that it separates certain small local shops from Class E. The Order reads Class F.1 Learning and non-residential institutions Any use not including residential use— (a)for the provision of education, (b)for the display of works of art (otherwise than for sale or hire), (c)as

790-399: A notice to the owner of land or a property where it adversely affects the local area, and the notice can specify what remedial action is required. Sub-section 1 states, If it appears to the local planning authority that the amenity of a part of their area, or of an adjoining area, is adversely affected by the condition of land in their area, they may serve on the owner and occupier of the land

869-649: A notice under this section. It was under this provision that a notice was served in 2015 by the Royal Borough of Kensington and Chelsea on Zipporah Lisle-Mainwaring, after the property developer had painted the front of her house in red-and-white candy cane stripes . However, following judicial review by the High Court of Justice , Mr Justice Gilbart ruled, In my judgment, to allow a local planning authority (LPA) to use section 215 to deal with questions of aesthetics, as opposed to disrepair or dilapidation, falls outside

SECTION 10

#1732876902791

948-619: A number of Local Development Documents (LDDs) and Supplementary Planning Documents (SPDs). The regional spatial strategy (RSS), which is produced by regional assemblies in England , replaces the structure plan as the strategic planning document (i.e., the RSS that's targets for housing and employment development within each district in a region in the future). A variation on this approach exists in Wales . Local authorities are also now required to produce local development schemes (LDS) – which outline

1027-510: A permission by merely failing to negotiate. Three further acts related to planning are associated with this primary act: The Planning (Listed Buildings and Conservation Areas) Act 1990 , the Planning (Hazardous Substances) Act 1990 , and the Planning (Consequential Provisions) Act 1990 . These four acts are referred to as the Planning Acts . Almost immediately after Parliament passed these acts,

1106-408: A place of dependence on their husbands, brothers, or fathers for their livelihood and shelter. Should there be an illness, domestic violence, or death in the family, women would be left landless and unable to either grow crops for food, or rent land for profit. Land ownership for women is a crucial form of security and income, increasing Empowerment and decreasing Poverty . Kanakalatha Mukund makes

1185-472: A planning obligation. Section 106B contains the right of the applicant to appeal against the decision or non-determination of a local planning authority under s 106A to the Secretary of State. Section 106B states "before determining the appeal the Secretary of State shall, if either the applicant or the authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by

1264-490: A requirement, which still exists, on local authorities to develop forward looking policy documents such as local plans or unitary development plans to outline what kind of development is permitted where, and to mark special areas on Local Plan Maps (today referred to as policies map). It did not introduce a formal system of zoning as used in the United States . Counties developed structure plans that set broad targets for

1343-456: A restaurant Is Class E). Hot food takeaways (Previously Class A5. Hot food to eat in is of course a restaurant, Class E). Venues for live music performance. Cinemas. Concert halls. Bingo halls Dance halls.) Prior to September 2020 the Use Classes for England and Wales were: Classes A3 to A5 were formed in the 2005 amendment by a split of the previous A3 class 'Food and Drink', though this split

1422-661: A schedule which covered community right to build orders, a community power introduced to give people the right to bring forward small-scale, site-specific proposals for community-led development. Under section 333 of the Act (amongst others), the Secretary of State for Communities and Local Government is enabled to make regulations, such as The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 , and The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2012 , which in turn led to

1501-466: A similar provision as 4A for the Broads Authority for land in that area. However, only for Chapter I of Part VIII (Trees: Ss 197-214D) and sections 249, 250, and 300. Section 6 makes a similar provision as 4A for Enterprise Zone Authorities for land in that area for such functions as a statutory Order may prescribe. Sections 7 to 8A make similar provisions as 4A for Urban Development Corporations under

1580-553: A statutory order may prescribe. Part II is now repealed and replaced by the Planning and Compulsory Purchase Act 2004 . It used to concern larger scale Development Plans, particularly Unitary Development Plans in metropolitan areas including London, and, for non-metropolitan areas, Structure Plans and Local Plans. Part III's concern with control over development focuses on effectively putting into public ownership, under democratically accountable regulation, all significant construction or demolition decisions by private landowners. This

1659-456: Is a globally ubiquitous phenomenon. Indigenous land rights is also a perennial related issue. Sovereignty , in common law jurisdictions, is often referred to as absolute title , radical title , or allodial title . Nearly all of these jurisdictions have a system of land registration , to record fee simple interests, and a land claim process to resolve disputes. Indigenous land rights are recognized by international law , as well as

SECTION 20

#1732876902791

1738-403: Is appropriate to provide in a commercial, business or service locality, (d)for indoor sport, recreation or fitness, not involving motorised vehicles or firearms, principally to visiting members of the public, (e)for the provision of medical or health services, principally to visiting members of the public, except the use of premises attached to the residence of the consultant or practitioner, (f)for

1817-647: Is no other such facility within 1000 metre radius of the shop’s location, (b)a hall or meeting place for the principal use of the local community, (c)an area or place for outdoor sport or recreation, not involving motorised vehicles or firearms, (d)an indoor or outdoor swimming pool or skating rink.”. As before, a number of uses are deemed sui generis (in themselves) and planning permission is required for any change of use to or from such uses. The list excludes. Theatres. Amusement arcades/centres or funfairs. Launderettes. Petrol filling stations. Hiring, selling and/or displaying motor vehicles. Taxi businesses. Scrap yards (or for

1896-566: Is subject to Schedule 1A. This section is subject to sections 4A to 8. Section 2 allows the Secretary of State to join council planning authorities into joint planning boards. Under section 2A the Mayor of London may in circumstances prescribed in the Town and Country Planning (Mayor of London) Order 2008/580 or directions under that order, direct that he is to be the local planning authority to determine an application made under s 70 or s 73. Under section 2B

1975-561: The Airports Act 1986 ). Deemed statutory undertakers for sections 55, 90, 101, 108(3), 139 to 141, 143, 148, 170(12)(b), 236(2)(a), 237 to 241, 245, 247(4)(b), 253, 257(2), 263(1) and (2), 264, 266 to 283, 288(10)(a), 306, 325(9), 336(2) and (3), para.18 of Sch.1 and Schs. 8, 13 and 14 are any public gas transporter, water or sewerage undertaker, the National Rivers Authority , any universal postal service provider in connection with

2054-567: The Isles of Scilly . This is subject to sections 2 and 9. Subsection 1(3) states: "In England (exclusive of the metropolitan counties, Greater London and the Isles of Scilly) all functions conferred on local planning authorities by or under the planning Acts shall be exercisable both by county planning authorities and district planning authorities." and is subject to Sch. 1. Subsection 1 (4) deals with mineral planning authorities. The exercise of functions in Wales

2133-599: The Local Government, Planning and Land Act 1980 , Housing Action Trusts under Housing Act 1988 and the Urban Regeneration Agency under the Leasehold Reform, Housing and Urban Development Act 1993 for their respective areas to the extent an appropriate order directs. Section 9 creates the power to make consequential and supplementary provisions about authorities for land in that area for such functions as

2212-676: The Localism Act 2011 abolished the Infrastructure Planning Commission for national projects, set up by the Planning Act 2008 and recentralised control in the hands of the Secretary of State. The aim of recent reforms to the planning system was to simplify and speed up the production of plans. The financial costs and time delays associated with the new system are significant and the Barker Review of Housing Supply (2004) on

2291-590: The Senedd . The term 'town planning' first appeared in 1906 and was first used in British legislation in 1909. The roots of the UK town and country planning system as it emerged in the immediate post-war years lay in concerns developed over the previous half century in response to industrialisation and urbanisation . The particular concerns were pollution , urban sprawl , and ribbon development . These concerns were expressed through

2370-407: The Act, in conjunction with DoE Circular 5/05, allows for local planning authorities and persons interested in land to agree contributions, arrangements and restrictions as Planning Agreements or Planning Obligations . Applicants can offer such agreements unilaterally or negotiate and agree them as support for their application to make it accord with local planning requirements, but without some of

2449-529: The LPA before agreeing to one and both the LPA and Mayor may enforce it. Section 2F states that before determining an application, the Mayor of London must give the applicant and the local planning authority to whom the application was made an opportunity, with at least 14 days' notice, to make oral representations at a hearing (“a representation hearing”). The Mayor must publish a procedural document for this. Section 3 retains

Town and country planning in the United Kingdom - Misplaced Pages Continue

2528-449: The Mayor of London is to have regard to guidance issued by the Secretary of State, must give reasons, and must at that time send a copy of the direction to the applicant and the Secretary of State. The Mayor may also become the planning authority for a connected application for Listed Building, Conservation Area, or hazardous substances consent if he so considers. Under section 2C the Mayor of London after granting outline permission, may pass

2607-552: The Secretary of State for the purpose". It states "the determination of an appeal by the Secretary of State under this section shall be final". Schedule 6 applies to determine how the appeal is heard and by whom. Sections 107 to 118 deal with compensation for effects of certain orders, notices etc. The Planning and Compensation Act 1991 repealed sections 113 and 114, and all of Part V, in sections 119 to 136. It previously dealt with compensation for restrictions on new developments in limited cases. Sections 137 to 171 deal with rights of

2686-939: The Transport Act 2000. Sections 284 to 292 deal with validity of development plans, some planning related orders, decisions, directions, enforcement and similar notices. Sections 292A to 302 deal with the application the Act to Crown Land . Sections 303 to 314 deal with financial provision. This includes application fees to the LPA, costs of certain inquiries, grants for research and education, contributions by ministers towards compensation paid by local authorities, contribution by local authorities and statutory undertakers, assistance for acquisition of property where objection made to blight notice in certain cases, recovery from acquiring authorities of sums paid by way of compensation, sums recoverable from acquiring authorities reckonable for purposes of grant, expenses of government departments, general provision as to receipts of Secretary of State and

2765-757: The United Kingdom . Repealed in parts by the Planning and Compensation Act 1991 , it is now also complemented by the Planning and Compulsory Purchase Act 2004 . In the United Kingdom, the Town and Country Planning Act 1990 contains 15 parts with 337 sections, plus 17 schedules , and serves as an incomplete, but expansive code of planning regulations in England and Wales. Subsections 1 and 2 set out that county and district (county and county borough in Wales) councils are Local Planning Authorities ('LPA's) in non-metropolitan counties; that metropolitan district councils (usually unitary authorities) are LPAs in metropolitan counties and that different authorities govern Greater London and

2844-493: The advisory joint planning committee for Greater London. Section 4A says that National Park Authorities (not all National Parks) are the sole local planning authority for the area of the Park except for functions in ss 198 to 201, 206 to 209, and 211 to 215 where the district planning authority for an area in the park shall share functions with the national park authority, who in such cases retain all their legal functions. Section 5 makes

2923-410: The costly work of preparing a full application. This will mean that there are other "reserved matters" to be resolved through one or more further applications. Section 73 allows applicants to request the variation or removal of conditions on a previous permission. Section 78 allows applicants to appeal against decisions on applications, or the non-determination of applications. Section 106 of

3002-445: The determination of reserved matters on to the original LPA (i.e. London Borough or Corporation of London). He may also do this for connected applications he grants 'subject to subsequent approval'. Section 2D enables secondary legislation related to the Mayor's planning powers. Section 2E passes the function from the LPA to the Mayor of agreeing on a Planning Obligation related to the direction above after that time. The Mayor must consult

3081-429: The developer is subject to detailed arrangements and restrictions beyond those that a planning condition could impose, or by which they make agreed financial contributions beyond the immediate building works to offset development effects on the local community. This was soon amended to allow a developer to self-impose obligations to preempt objections to planning permission. This prevents the planning authority from blocking

3160-466: The expenses of county councils. Sections 303 to 337 deal with miscellaneous and general provisions. Note section 318 deals with ecclesiastic property, section 319 deals with the Isles of Scilly , section 300 provides a power to require information as to interests, section 333 deals with regulations and orders and section 336 deals with interpretation . The original Act included 17 schedules. These have since been extended. The Localism Act 2011 added

3239-525: The following purposes— (a)for the display or retail sale of goods, other than hot food, principally to visiting members of the public, (b)for the sale of food and drink principally to visiting members of the public where consumption of that food and drink is mostly undertaken on the premises, (c)for the provision of the following kinds of services principally to visiting members of the public— (i)financial services, (ii)professional services (other than health or medical services), or (iii)any other services which it

Town and country planning in the United Kingdom - Misplaced Pages Continue

3318-558: The government had further thoughts on the control of land development, which led to the Planning and Compensation Act 1991 , which made important alterations to many of the provisions of the Planning Acts. The Planning and Compulsory Purchase Act 2004 made substantial changes to the English development plan system. It did away with both structure plans and local plans , in favour of local development frameworks (LDFs), which are made up

3397-409: The granting of planning permission. The agreement might also entail provisions about production of social housing. The developer might agree to make a contribution towards the provision of new schools or traffic calming on local roads. Section 106A has the effect that any modification or discharge of a s 106 Agreement must be agreed by deed between the parties and in accordance with s 106B. It creates

3476-417: The higher the status of the woman, the less likely she is to have any developed skills that would be useful in finding work. These women are forced to beg for food and shelter once their husbands die because they have not been allowed to gain work experience. Bina Agarwal argues that land ownership significantly decreases the chance of domestic violence against Indian women. Owning property elevates women to

3555-469: The household, women lack the voice to advocate for their own rights. Another issue with land rights in India is that they leave women completely dependent on the lives of their husbands. A study by Bina Agarwal found that in West Bengal , prosperous families turn destitute when the male head of the household dies, as women are not permitted to take over their husband's land. Also, due to cultural tradition,

3634-475: The important point that although women in India have the legal right to own land, very few actually do as a result of the patriarchal practices which dominate the nation. Up until recently, Indian women have been left out of laws regarding the distribution of public land and were forced to rely on the small possibility of obtaining private land from their families. Inheritance laws which cater towards men are one of

3713-477: The increase in the value of land resulting from the grant of permission for development". Land law Land rights are such a basic form of law that they develop even where there is no state to enforce them; for example, the claim clubs of the American West were institutions that arose organically to enforce the system of rules appurtenant to mining. Squatting , the occupation of land without ownership,

3792-604: The inspectors independent of government ministers, as in the Planning Appeals Commission in Northern Ireland. The requirement to obtain planning permission extends not only to new construction, but also some changes of use of a property. To simplify this the Government from time to time publishes a Use Classes Order. Planning permission is not normally required for a change of use within a Class but change of use to

3871-514: The intention and spirit of the Planning Code... Thus overturning the notice, and allowing Lisle-Mainwaring to keep the stripes on her house. Sections 226 to 246 deal with acquisition and appropriation of land for planning and public purposes. Also the extinguishment of certain rights, e.g. on burial places and constitution of joint bodies to hold land for planning purposes. Sections 246 to 261 deal with highways. Sections 247 and 248 deal with

3950-416: The key issues behind inequality in land rights. According to Bina Agarwal , land ownership defines social status and political power in the household and in the village, shaping relationships and creating family dynamics. Therefore, inheritance of land automatically puts men above women both in the household, and in the community. Without political pull in the village, and with limited bargaining powers within

4029-585: The land do not impede on other individuals' rights. This is not to be confused with access to land, which allows individuals the use of land in an economic sense (i.e. farming). Instead, land rights address the ownership of land which provides security and increases human capabilities . When a person only has access to land, they are in constant threat of expulsion depending on the choices of the land owner, which limits financial stability. Land rights are an integral part of Land Laws, as they socially enforce groups of individuals' rights to own land in concurrence with

SECTION 50

#1732876902791

4108-414: The land is signed in their husband's name, while women sign as the witness. Inheritance practices are a particular obstacle which reduces women empowerment , as well. Land is passed down through male lineage which reinforces women's exclusion from land ownership. Another detriment to equality, pointed out by Women's Land Link Africa, is that women lack sufficient knowledge about the rights they have under

4187-522: The land laws of a nation. Land Law addresses the legal mandates set forth by a country in regards to land ownership, while land rights refer to the social acceptance of land ownership. Landesa takes the stance that although the law may advocate for equal access to land, land rights in certain countries and cultures may hinder a group's right to actually own land. Laws are important, but they must be backed up by cultural tradition and social acceptance. Therefore, laws concerning land ownership and land rights of

4266-524: The larger community, as well. With land ownership, women can develop an income and allocate this income more fairly within the household. Tim Hanstad claims that providing sufficient land rights for women is beneficial because, once women can exercise those rights the following will be promoted: In many parts of the world, women have access to land in order to farm and cultivate the land; however, there are traditions and cultural norms which bar women from inheriting or purchasing land. This puts women in

4345-511: The law itself can address the rights of widows and divorcees in addition to the rights of married women. Town and Country Planning Act 1990 The Town and Country Planning Act 1990 ( c 8 ) is an act of the Parliament of the United Kingdom regulating the development of land in England and Wales . It is a central part of English land law in that it concerns town and country planning in

4424-456: The law to own land. Rural, illiterate women do not even have access to the new constitution which guarantees them land rights. Although the 1995 Constitution provides for equality between men and women, there are still gaps in the law which affect women's rights to land. The law protects the rights to land of wives in marriage; however, it does not address the needs of widows or divorcees. Consequentially, these women are left landless and without

4503-460: The local authority ombudsman if they can make a case of maladministration by the local authority. In such a case the ombudsman has no powers to enforce a retraction of the permission, but it may sanction the local authority. Appeals can be made: In England and Wales the appeal is heard by a planning inspector , while in Scotland this role is filled by a reporter . There has often been talk of making

4582-597: The local authority, neighbourhood plans have statutory weight, so that they are considered in the determination of planning applications. Historically, planning applications were submitted in paper form to designated Council offices and displayed for a statutory period at public libraries or offices. In December 1995, the London Borough of Wandsworth created a website that published electronic images of planning application documents. This technology greatly improved access to application-related documents for all participants in

4661-445: The local authority, with provision to appeal against refusal. It introduced a development charge to capture the planning gain which arises when permission to develop land is granted. This was abolished by the Town and Country Planning Act 1954 passed under subsequent Conservative government. Green belts were added in 1955 via a government circular . Furthermore, the 1947 Act introduced

4740-529: The national legal systems of common law and civil law countries. In common law jurisdictions, the land rights of indigenous peoples are referred to as aboriginal title . In customary law jurisdictions, customary land is the predominant form of land ownership. Land reform refers to government policies that take and/or redistribute land, such as a land grant . Land rights refer to the inalienable ability of individuals to freely obtain, use, and possess land at their discretion, as long as their activities on

4819-486: The original planning permission. Use Classes England Use Classes in England were extensively revised on 1 September 2020 (he revisions do not apply to Wales). The new Order introduced a new Class E encompassing most business, retail and similar uses replacing the previous Classes A1, A2, A3 and B1, B2 as well as parts of the old Class D (such as health uses and day nurseries). The new Class reads Class E. Commercial, Business and Service Use, or part use, for all or any of

SECTION 60

#1732876902791

4898-529: The outbreak of Second World War , thinking was sufficiently advanced that the Ministry of Town and Country Planning was established on 7 February 1943 under William Morrison , the former Postmaster-General . During the war, a series of royal commissions looked into specific problems in urban planning and development control. These included: Also, Patrick Abercrombie developed the Greater London Plan for

4977-417: The owner to require purchase of interests. Namely, interests affected by planning decisions or orders in certain circumstances and interests affected by planning proposals: serving blight notices. Sections 172 to 196C deal with methods of enforcement of planning law. Sections 197 to 225 deal with Special Controls. Specifically, those for: Section 215 of the Act empowers a local planning authority to issue

5056-463: The planning process. Within ten years, most planning authorities within the UK followed suit. These sites are often known as 'Public Access'. Other access methods now include routing inquiries through a centrally-hosted public or privately hosted website, such as UKPlanning or the national Planning Portal . An applicant may appeal against a refusal of planning permission. A neighbour who objects to an application has no right of appeal, but may appeal to

5135-412: The planning system suggested some of the requirements were unnecessary and delaying the delivery of sustainable and social housing, and recommended early revisions to the regulations. HM Treasury noted the recommendation to redirect a portion of Section 106 financial contributions as a "planning gain supplement"" for wider community needs and has responded by an act of Parliament that will levy "a tax on

5214-606: The protection land offers. Also, women have a difficult time taking cases to court due to corruption and expensive trials. The trials concerning land take so long to process that many women do not even attempt to seek legal assistance. Women's Land Link Africa provides suggestions to alleviate inequality in land ownership. Rural women can be educated about their rights through radio campaigns, community discussions, educational outreach programs, and public forums. The cultural nuances must be addressed in policies and community leaders can be educated about inclusion of minority groups. Also,

5293-557: The provision of a universal postal service, the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) shall be deemed to be statutory undertakers and their undertakings statutory undertakings. This applies with variations for a universal postal service provider and licence holders under section 6 of the Electricity Act 1989 or Chapter I of Part I of

5372-854: The realisation of Human rights . In order to home in on this critical problem of inadequate land rights, The Millennium Development Goal 7D strives to improve the lives of 100 million slum dwellers. This includes increased land rights for impoverished people, which will ultimately lead to a higher quality of life. Although land rights are fundamental in achieving higher standards of living, certain groups of individuals are consistently left out of land ownership provisions. The law may provide access to land, however, cultural barriers and poverty traps limit minority groups' ability to own land. In order to reach equality, these groups must obtain adequate land rights that are both socially and legally recognised. Several scholars argue that women's lack of sufficient land rights negatively affects their immediate families and

5451-460: The reconstruction of London , which envisaged moving 1.5 million people from London to new and expanded towns. These intellectual efforts resulted in the New Towns Act 1946 ( 9 & 10 Geo. 6 . c. 68) and the Town and Country Planning Act 1947 . The 1947 act, in effect, nationalised the right to develop land. It required all proposals, with a few exceptions, to secure planning permission from

5530-488: The right to apply in a prescribed form to modify a s 106 agreement once five years has passed since the agreement, or such shorter period as secondary legislation may prescribe. It prevents one applicant applying for a modification which may become enforceable against others who have not applied. It clarifies that s 84 of the Law of Property Act 1925 (power to discharge or modify restrictive covenants affecting land) does not apply to

5609-430: The rigorous controls of Planning Conditions under s 70(1). It relates to money paid by developers to local planning authorities in order to offset the costs of the external effects of development. For example, if a developer were to build 100 new houses, there would be effects on local schools, roads etc., which the local authority would have to deal with. In that situation, there might be a Section 106 agreement as part of

5688-404: The stopping up of highways. Sections 262 to 283 deal with statutory undertakers. These are persons authorised by any enactment to carry on any railway , light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power and a relevant airport operator (within the meaning of Part V of

5767-608: The storage/distribution of minerals and/or the breaking of motor vehicles). Any work registerable under the Alkali, etc. Works Regulation Act 1906 (as amended)). Hostels (providing no significant element of care. Waste disposal installations for the incineration, chemical treatment or landfill of hazardous waste. Retail warehouse clubs. Nightclubs. Casinos. Betting offices/shops. Pay day loan shops. Public houses, wine bars, or drinking establishments (previously Class A4). Drinking establishments with expanded food provision (previously Class A4. Note

5846-505: The wider area. Structure plans were always problematic and were often in the process of being replaced by the time they were formally adopted. Over the years, the planning system has undergone a number of alterations, which were consolidated in the Town and Country Planning Act 1990 (TCPA 1990). Section 106 substantially re-wrote section 52 from the former act, settling the concept of agreements (known as "planning obligation agreements," or more commonly "Section 106 agreements"), under which

5925-666: The work of thinkers such as Ebenezer Howard and the philanthropic actions of industrialists such as the Lever Brothers and the Cadbury family , and architects such as Raymond Unwin , PRIBA, and Patrick Abercrombie . The Housing and Town Planning Act 1909 , the Housing and Town Planning Act 1919 , the Town Planning Act 1925 and the Town and Country Planning Act 1932 were initial moves toward modern urban planning legislation. By

6004-844: The work the LDDs/SPDs they intend to produce over a three-year period, and Statements of Community Involvement (SCI), which outline how the Council will involve the local community. All LDDs and SPDs also have to be accompanied by a Sustainability Appraisal (SA) and a Strategic Environmental Assessment (SEA). The SEA is a requirement under European Union laws. Planning Policy Guidance Notes are also being gradually replaced by Planning Policy Statements . Minor variations were allowed to planning permissions, recognising that information provided for planning permission does not provide enough detail for actual construction. Working drawings are required first, and architects often make small changes to accommodate

6083-523: Was both a legally and socially important move for women's rights to land. Not only did it legally mandate equality in land succession, it also validated women's roles as equals in society. Uganda's 1995 Constitution enforces equality between men and women, including the acquisition and ownership of land. However, research from Women's Land Link Africa reveals that women remain excluded from land ownership due to customs and deeply ingrained cultural habits. Even when women save up enough money to purchase land,

6162-582: Was not effected in Wales; jurisdiction over secondary planning legislation being by then a matter for the Assembly . A key part of planning control is exercised in the UK by preventing any significant development of property without permission by the local authority. In Part III of the Town and Country Planning Act 1990 , under section 59 the Secretary of State delegates to public bodies the right to grant planning permission. A long list of other unconsolidated Acts and Regulations also affect UK planning. For example,

6241-409: Was seen necessary to ensure that private development did not run contrary to the community's interest. Section 59 states that "The Secretary of State shall by ... “ development order ”... provide for the granting of planning permission ." An initial application maybe for Outline Planning Permission as this allows the applicant to see whether an application is likely to be accepted before carrying out

#790209