Breaches of planning control: the law

Sep 2, 2013 |NBS

What constitutes a breach of planning control and how are they remedied? In this programme planning lawyer Linda Russell guides us through the topic looking at the concept of lawful development and the legal definitions and various enforcement notices that planning authorities have at their disposal.

To illustrate recent changes in the law we look at two recent high-profile cases in which entire buildings were concealed in an attempt to evade planning control (one behind a wall of straw, the other within a barn).

Key learning points:

  • What is a breach of Planning control?
  • An understanding of the concept of lawful development
  • What are the enforcement and breach of condition notices?
  • An examination of the impact of two recent cases (Wheeler and Fiddler) on planning case law

About the contributor

Linda Russell, founder and principal of Colchester-based Linda S Russell Solicitors and Planning Consultants, is a planning & local government law solicitor with over 24 years' experience.

After many years as a senior local government planning lawyer at three local authorities, Linda left local government in 1999 to establish her legal practice, which has since expanded to include a planning consultancy.

An executive committee member of the Law Society's Property Committee, Linda has penned a series of articles for the Society's Property in Practice Magazine and she is also in the process of writing a planning enforcement manual.

RIBA CPDDisclaimer: NBS TV programmes are the intellectual property of RIBA Enterprises and it shall be a breach of this right to copy, or in any way exploit commercially or show in public any of the programmes without the express permission of RIBA Enterprises.
The information contained in the programmes is not intended and accordingly shall not be relied upon either as a substitute for professional advice or judgement or to provide legal or other advice with respect to any particular circumstance. RIBA Enterprises accepts no responsibility for loss occasioned to any person acting or refraining from action as a result of the information contained in the programmes.
 

Our latest articles

Visqueen launches Ultimate Self Adhesive Membrane for hydrocarbon and VOC-contaminated sites

The construction industry faces growing challenges when building on increasingly complex brownfield sites. Alongside the need for effective waterproofing, developers and contractors must now address a wider range of ground contaminants, including hydrocarbons, volatile organic compounds (VOCs), and hazardous ground gases, while maintaining programme efficiency and installation quality. Against this backdrop, Visqueen has expanded its gas protection and waterproofing portfolio with the launch of Visqueen Ultimate Self Adhesive Membrane, a new hydrocarbon and VOC-resistant self-adhesive tanking membrane. Developed as the latest addition to the Visqueen non-foil gas barrier range, the new membrane combines proven gas barrier and waterproofing performance to help specifiers address multiple site challenges with a single solution.

Construction ProductsSponsored

Siderise: Helping to bridge the gap between Gateway 2 approval and on-site fire protection

While the new building safety regime hasn’t fundamentally changed what requirements higher-risk buildings (HRBs) must meet to comply with the Building Regulations, it has significantly increased the breadth, depth and volume of evidence that must be supplied to demonstrate this. As a result, project teams have had to adapt the way they work and even look beyond their roles to understand how their actions may impact the next Dutyholder in the chain. For specifiers, this can include considering what supporting services are offered with life safety-critical elements to enable correct design, installation and maintenance. Early engagement with manufacturer technical specialists can help identify any practical challenges that may arise onsite. Then, during construction, these services can help support the translation of design intent into reality so that buildings are safe for occupation.

Construction ProductsSponsored

RIBA CPD for Architects: Understanding Flooring Specification and Detailing

For architects and specifiers, flooring details can have a significant impact on the safety, accessibility, durability and overall performance of a building. Yet the technical considerations surrounding stairways, floor transitions, and floor finishes are not always straightforward.

RIBA CPDSponsored