Recent developments in planning case law
Pugh-Smith, John
Recent developments in planning case law - 2005 - Journal of Planning and Environment Law June 2005, 722-735(13) .
Summarises trends in the case law affecting land-use planning over the past 12 months up to February 2005. Refers to the changes to be ushered in by the Planning and Compulsory Purchase Act 2004 and the increasing influence of the Commission and the European Court of Justice in the field of environmental regulation. The article examines case law relating to: environmental impact assessment; the continuing judicial containment of the impact of the Human Rights Act 1998 (save in the case of gypsies); the courts' consideration of Crown exemption from planning control; the need for due process by local planning authorities in their administration of the planning process; enforcement issues; and guidance on the interpretation of s106 agreements. Ends with comments on the reversion of the planning application appeal period to six months and the new streamlined PPS1 "Delivering sustainable development".
PLANNING AND COMPULSORY PURCHASE ACT 2004
PLANNING POLICY STATEMENT ONE
HUMAN RIGHTS ACT 1998
TOWN AND COUNTRY PLANNING ACT 1990 S106
Recent developments in planning case law - 2005 - Journal of Planning and Environment Law June 2005, 722-735(13) .
Summarises trends in the case law affecting land-use planning over the past 12 months up to February 2005. Refers to the changes to be ushered in by the Planning and Compulsory Purchase Act 2004 and the increasing influence of the Commission and the European Court of Justice in the field of environmental regulation. The article examines case law relating to: environmental impact assessment; the continuing judicial containment of the impact of the Human Rights Act 1998 (save in the case of gypsies); the courts' consideration of Crown exemption from planning control; the need for due process by local planning authorities in their administration of the planning process; enforcement issues; and guidance on the interpretation of s106 agreements. Ends with comments on the reversion of the planning application appeal period to six months and the new streamlined PPS1 "Delivering sustainable development".
PLANNING AND COMPULSORY PURCHASE ACT 2004
PLANNING POLICY STATEMENT ONE
HUMAN RIGHTS ACT 1998
TOWN AND COUNTRY PLANNING ACT 1990 S106