NALC Legal Topic Notes: Planning

This page contains Legal Topic Notes which include information on Planning.

 

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[58] PLANNING

 

Planning is a very broad subject. The aim of this Note is not to set out the substantive law but to outline the appeal mechanisms which are of interest to many local councils.

 

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[59] THE RIGHTS OF LOCAL COUNCILS TO BE NOTIFIED OF PLANNING APPLICATIONS AND DECISIONS

 

If a local council makes a written request to the Local Planning Authority (LPA), it must be informed of planning applications relating to land in its area and be given either a copy of each application or information sufficient to identify the land and the nature of the development (paragraph 8 of schedule 1 to the Town and Country Planning Act 1990 (as substituted by paragraph 53(5) of schedule 7 to the Planning and Compensation 1991 and as amended by the Local Government (Wales) Act 1994) and Article 13 of the Town and Country Planning (General Development Procedure) (England) Order 1995 – see Appendix to this Legal Topic Note).

 

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[60] COPIES OF PLANNING DOCUMENTS

 

Under paragraph 8 of schedule 1 to the Town and Country Planning Act 1990 any local council which has so notified the local planning authority in writing, must be informed of planning applications relating to land in its area and be given information which indicates the nature of the proposed development and identifies the land concerned (see Legal Topic Note 59 - The Rights of Local Councils to be Notified of Planning Applications and Decisions).

 

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[61] THE STATUS OF PARISH, TOWN AND COMMUNITY COUNCILS AT PUBLIC INQUIRIES

 

Some time ago, the Association received a complaint in respect of a report that had been prepared by an Inspector after a Public Inquiry. In the formal list of appearances the Parish Council’s representative (who was it’s chairman) was listed under ‘Other Persons’ and the Council’s case was dealt with in the same paragraph as that of individuals who took part in the Inquiry. The Council was not separately identified, as were the two principle local authorities. Since Parish Councils are local authorities with a defined status in planning law and at Inquiries, the Association sought confirmation from the appropriate Department at the time on the instructions given to Inspectors as to the status to be accorded to Parish Councils at Inquiries.

 

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[62] PLANNING CONTROL OVER AGRICULTURAL LAND AND BUILDINGS

 

The use of land, and of buildings occupied therewith, for agriculture is not development and does not therefore need specific planning permission (section 55(2)(e) of the Town and Country Planning Act 1990). ‘Agriculture’ includes the use of land for allotments (decided in Crowborough Parish Council v Secretary of State for the Environment and Wealden DC <1980> 43 P & CR 229).

 

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[63] PLANNING AND BUILDING CONTROL ENFORCEMENT

 

The purpose of this Note is to provide local councils with an overview of the enforcement procedures in respect of planning and building control matters.

 

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[71] NAMING AND NUMBERING OF STREETS

 

There are two separate, and mutually exclusive, sets of statutory provisions which govern the naming and numbering of streets in England and Wales (outside Greater London). The provisions are contained in

 

a) Sections 64 and 65 of the Towns Improvement Clauses Act 1847, and s.21 of the Public Health Acts Amendment Act 1907, and

b) S.17, s.18 and s.19 of the Public Health Act 1925.

 

 

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