CILEx Level 6 Unit 11 Planning Law
CILEx Level 6 Unit 11 Planning Law - £540
This is a course set at the equivalent to honours-degree level and will give you an in-depth knowledge of Planning Law in England and Wales.
Who is the course for?
The course is for:
- Associate Members of CILEx using this course as one of their three Level 6 law units to achieve Graduate Membership of CILEx
- any Graduate Member of CILEx or Chartered Legal Executive wishing to use this subject as the elective subject to fulfil the Solicitors Regulation Authority's academic stage of training
- any planning officer in local authority seeking degree-level knowledge of the law
- any qualified lawyer or paralegal in a public sector legal department who has not studied Planning Law at degree level and who needs to develop a comprehensive knowledge of this area of law.
What qualification will I get?
Success in the course will lead to the award of an ILEX Level 6 Single Subject Certificate in Planning Law which is a standalone qualification but can also contribute to the CILEx Level 6 Professional Higher Diploma in Law and Practice.
What will I learn?
The course delivers the CILEx syllabus for this unit. Please click on the link to see the syllabus content expressed in terms of broad learning outcomes as well as the detailed knowledge, understanding and skills that are delivered by the course. ITC publishes a course manual every year to deliver the CILEx syllabus and the table of contents (2011 edition) is reproduced below. You can also view sample pages from the course manual.
PART 1: THE FRAMEWORK
Chapter 1: Introduction to Planning Law
1.1 Introduction
1.2 Planning and control
1.3 Historical development of planning legislation
1.3.1 From 1848–1909
1.3.2 From 1909–1947
1.3.3 Town and Country Planning Act 1947 (TCPA 1947)
1.3.4 The 1990 legislation
1.3.5 Outlines of the 1990 legislation
1.4 An overview
1.4.1 The “Planning Code”
1.4.2 Who are the planning authorities?
1.4.2.1 What are their functions?
1.4.3 What is a development plan?
1.4.4 What is the importance of development?
1.4.5 Obtaining planning permission
1.4.6 The powers of the planning authority on receipt of an application
1.4.7 Appeal and call-in
1.4.8 Are there any other permissions required?
1.5 Standards of planning administration
1.6 The Human Rights Act 1998
1.7 The Planning and Compulsory Purchase Act 2004
1.8 The 2007 planning white paper and the Planning Act 2008
1.9 Localism Bill
1.10 Summary
Chapter 2: Local Planning Authorities and Their Functions
2.1 Introduction
2.2 Validity of action where taken by the wrong authority
2.3 Joint planning committees
2.4 The Greater London Authority
2.5 National Park Authorities
2.6 The Broads Authority
2.7 The Homes and Communities Agency and urban development corporations
2.8 Simplified planning zones
2.9 Enterprise zone authorities
2.10 Summary
PART 2: DEVELOPMENT PLANS
Chapter 3: The Context of Planning Decisions
3.1 Introduction
3.2 Why is there a need for a development plan?
3.3 What is a development plan?
3.4 The development plan and “material considerations”
3.5 Government guidance
3.6 Welsh guidance
3.7 Structure plans
3.7.1 Form and content of structure plans
3.8 Local plans
3.8.1 Form and content of local plans
3.9 Unitary development plans
3.9.1 Form and content of UDPs
3.10 Relationship between local and structure plans
3.11 Blight notices
3.12 The reformed development plan system
3.13 The development plan
3.14 Regional Spatial Strategies
3.14.1 What is a Regional Spatial Strategy?
3.14.2 Status of an RSS
3.14.3 Sub-regional dimension
3.14.4 Format and content of an RSS
3.14.5 When should the RSS be revised?
3.14.6 Who prepares a draft revision of the RSS?
3.14.7 Context to preparing a draft revision of an RSS
3.14.8 Indicative timetable for preparing an RSS
3.14.9 Localism Bill – reform
3.15 Statement of community involvement
3.16 Local Development Framework
3.16.1 Form and content of an LDF
3.16.2 The core strategy
3.16.3 Site-specific allocations and policies
3.16.4 Area action plans
3.16.5 Proposals map
3.16.6 Supplementary planning documents
3.16.7 Community involvement in LDFs
3.16.8 The local development scheme (LDS)
3.16.9 Preparation of DPDs
3.16.10 Submission of DPDs
3.16.11 Representations
3.16.12 Assessing whether the DPD is sound
3.16.13 General conformity with the RSS or SDS
3.16.14 The examination of the DPD
3.16.15 The binding report
3.16.16 Adoption
3.16.17 Intervention by the Secretary of State
3.16.18 High Court challenge
3.17 Sustainable development and climate change
3.18 Localism Bill – reforms
3.19 Summary
PART 3: APPLICATIONS
Chapter 4: The Meaning of “Development”
4.1 Introduction
4.2 Operational development
4.2.1 Building operations
4.2.2 Engineering operations
4.2.3 Mining operations
4.2.4 Other operations
4.3 Excluded matters
4.3.1 Demolition
4.4 Material change of use
4.4.1 The planning unit
4.4.2 Primary and ancillary uses
4.4.3 Dual, mixed, composite uses and intensification
4.4.4 Effect on character of the vicinity
4.4.5 Matters excluded
4.5 The Use Classes Order 1987
4.5.1 Important classes
4.5.2 Sui generis uses
4.5.3 Use classes and the General Permitted Development Order 1995
4.5.4 Use classes and planning conditions
4.6 Developments involving more than one activity
4.7 Summary
Chapter 5: Planning Permission: Need, Exceptions and Cases of Uncertainty
5.1 Introduction
5.2 Planning permission
5.3 General Permitted Development Order 1995
5.3.1 Extensions to dwelling-houses
5.3.2 Roof alterations
5.3.3 Buildings within the curtilage of a dwelling-house
5.3.4 Minor operations
5.3.5 Temporary buildings and temporary uses of land
5.3.6 Exceptions, limitations and conditions: general
5.3.7 Art 4 directions and Art 1(5)
5.3.8 Local development orders
5.3.9 Special development orders
5.4 Applications for planning permission
5.5 Cases of uncertainty: determinations
5.5.1 Completed projects
5.6 Summary
Chapter 6: Applications for Planning Permission
6.1 Introduction
6.2 Types of planning application
6.3 What does an application consist of?
6.3.1 Forms, plans and drawings, and statements
6.3.1.1 Additional supporting information and validation
6.3.1.2 Design and access statements
6.3.2 Certificates of ownership
6.3.2.1 Agricultural holdings
6.3.2.2 Objections
6.3.2.3 False certificates
6.3.3 Planning fees
6.3.4 Date of making the application, acknowledgment of receipt and determination periods
6.4 Outline planning permission
6.5 Approval of reserved matters
6.5.1 Successive approvals of reserved matters
6.5.2 Not altering the scope of the outline permission
6.5.3 What needs to be approved and when
6.5.4 Conditional approval of a full permission
6.6 Other applications
6.6.1 Renewal applications
6.6.2 Applications under s73 Town and Country Planning Act 1990
6.6.3 Applications under s73A Town and Country Planning Act 1990
6.7 Multiple planning applications
6.7.1 Repetitive planning applications
6.7.2 “Twin-tracked” applications
6.8 County matters
6.9 Registers
6.9.1 Part I of the Register
6.9.2 Part II of the Register
6.9.3 Other registers
6.10 Summary
Chapter 7: Determination of Planning Applications
7.1 Introduction
7.2 Call-in powers
7.2.1 Call-in policy
7.2.2 Referrals
7.2.3 Directions preventing the grant of planning permission
7.2.4 Call-in inquiries
7.2.5 Mayor of London’s powers
7.3 Procedural requirements
7.3.1 Timetable
7.3.2 Consultation
7.3.3 Notification
7.4 Publicity for planning applications
7.4.1 Neighbours’ rights
7.4.2 Conservation areas and listed buildings
7.5 Principles of good administration
7.5.1 Delegation
7.5.2 Committee reporting
7.5.3 The duty to act fairly
7.5.4 Decisions on planning applications
7.5.5 Development affecting “European sites”
7.6 Material considerations
7.6.1 Retentions of existing use
7.6.2 The “fall-back” position
7.6.3 Avoidance of the creation of a planning precedent
7.6.4 Cost, economic and financial considerations
7.6.5 Enabling development
7.6.6 Effect on neighbouring propertiesv CONTENTS
7.6.7 Fear, apprehension and public safety
7.6.8 Availability of alternative sites
7.6.9 The circumstances of the applicant
7.6.10 Planning obligations
7.6.11 Matters regulated by other legislation
7.6.12 Opposition to the proposed development
7.7 Summary
Chapter 8: Environmental Impact Assessment
8.1 Introduction
8.1.1 EC Directive 97/11 on environmental impact assessment
8.1.2 Development consent
8.1.2.1 s73 applications
8.1.2.2 Reserved matters approvals
8.1.2.3 Declining to take enforcement action
8.1.3 Environmental impact assessment screening
8.1.3.1 Procedure for seeking a screening opinion or direction
8.1.3.2 Errors in the screening process
8.1.3.3 Guidance on the screening process
8.1.3.4 Reasons for screening decisions
8.1.3.5 Voluntary submission of an ES
8.2 The submission of a statement
8.3 Schedule 1 projects
8.4 Schedule 2 projects
8.4.1 Assessing the entire project
8.4.2 Directions requiring EIA for smaller projects
8.5 Contents of statement
8.5.1 Scoping
8.5.2 Additional information
8.5.3 Non-technical summary
8.6 Consultation and notification procedures
8.7 Important case law
8.8 Strategic Environmental Assessment
8.9 Summary
PART 4: CONTROL OF DEVELOPMENT
Chapter 9: Planning Permission
9.1 Introduction
9.2 Conditions
9.2.1 Does it serve a planning purpose?
9.2.2 Does it relate to the development?
9.2.3 Is it reasonable?
9.2.4 Other tests
9.2.4.1 Uncertainty
9.2.4.2 Enforceability
9.2.4.3 Severance of void conditions
9.2.4.4 Compatibility with existing use rights
9.2.4.5 Conditions requiring the payment of money
9.2.5 Term consents
9.2.5.1 Limitations not backed up by a condition
9.2.6 Personal conditions
9.2.7 Off-site conditions
9.2.8 Interpreting planning conditions
9.3 Duration
9.3.1 Commencement
9.3.1.1 “Commencement” in breach of condition
9.3.1.2 Colourability
9.3.2 Completion notices
9.3.3 Ending the grant
9.4 No permission until decision notice issued
9.5 Non-material changes to planning permission
9.6 Summary
Chapter 10: Positive Planning
10.1 Introduction
10.2 Planning agreements and obligations
10.2.1 Guidance on the use of planning obligations
10.2.1.1 The legal test of materiality
10.2.1.2 The relationship between law and policy
10.2.1.3 No fetter of discretion
10.2.2 Obligations transferring interests in the land
10.2.2.1 Constructing a valid obligation to transfer land
10.2.2.2 Affordable housing obligations and anti-avoidance
10.2.3 Variation and discharge of planning obligations
10.2.3.1 Planning obligations post-October 1991
10.2.3.2 Planning obligations pre-October 1991
10.2.3.3 NSIP development consent
10.2.4 Community infrastructure levy
10.3 Applications for planning permission on LPA-owned land
10.3.1 Determination of applications
10.4 Revocation, modification and discontinuance orders
10.4.1 Revocation or modification
10.4.2 Discontinuance orders
10.5 Summary
PART 5: ENFORCEMENT AND LAWFUL DEVELOPMENT
Chapter 11: Enforcement of Planning Control
11.1 Introduction
11.2 Time limits for enforcement action
11.2.1 Categorising the breach for limitation purposes
11.2.2 “Second bite” provisions
11.2.3 One-off or continuous breach?
11.3 Planning contravention notices and other means of obtaining information
11.3.1 Response to a planning contravention notice
11.3.2 Consultation
11.3.3 Failure to reply to a planning contravention notice
11.3.4 Alternatives to serving a planning contravention notice
11.4 Enforcement notices
11.4.1 Power to serve
11.4.2 Contents of an enforcement notice
11.4.2.1 Date the notice takes effect
11.4.2.2 Errors of form or of service
11.4.2.3 Collateral challenges
11.4.3 Appeals
11.4.4 Secretary of State’s powers on appeal
11.4.5 Effects of appeals
11.4.6 Criminal sanctions
11.4.7 Powers of entry to carry out works
11.5 Stop notices
11.5.1 Cases in which a stop notice may not be used
11.5.2 Compensation
11.5.3 Penalty for non-compliance
11.6 Temporary stop notices
11.6.1 Cases where a temporary stop notice may not be used
11.6.2 Compensation
11.7 Breach of condition notices
11.8 Injunctions
11.8.1 Injunctions against persons unknown
11.9 Summary
Chapter 12: Lawful Development Certificates and Existing Use Rights
12.1 Introduction
12.2 Lawful development
12.3 Lawful development certificates
12.3.1 Applications
12.3.2 Effect of grant of a CLEUD
12.3.3 Procedure for determining applications
12.4 Lawful development certificate appeals
12.5 Revocation of lawful development certificates
12.6 Existing use rights
12.6.1 Abandonment of use
12.6.2 Extinguishment of a use
12.6.2.1 Material change of use
12.6.2.2 Physical alteration to the planning unit
12.6.2.3 Implementation of a planning permission
12.7 Conversion
12.8 Summary
PART 6: CHALLENGING THE PLANNERS
Chapter 13: Planning Appeals
13.1 Introduction
13.2 The right to appeal
13.3 The Secretary of State and the Planning Inspectorate
13.4 Inquiry, hearing or written representations?
13.5 Written representations procedure
13.6 Hearings
13.7 Inquiries
13.7.1 Pre-inquiry procedure
13.7.2 Inquiry
13.8 Enforcement, lawful development certificate and listed buildings appeals
13.9 Fairness in planning appeals
13.10 Costs
13.11 Timetable for decisions
13.12 Determination of procedure
13.13 Summary
Chapter 14: Legal Challenges to Planning Decisions
14.1 Introduction
14.2 Principles of public law
14.2.1 The court’s powers
14.3 Human rights
14.3.1 Human rights and planning
14.3.1.1 Art 6: right to a fair hearing
14.3.1.2 Art 8: right to private and family life
14.3.1.3 Art 1 Protocol 1: right to property
14.4 Statutory appeals and judicial review
14.5 Statutory appeals under ss287 and 288 Town and Country Planning Act 1990
14.5.1 Challenges to the Secretary of State on planning permissions (s288)
14.5.2 Challenges to development plans (s287 Town and Country Planning Act 1990)
14.5.3 Standing
14.5.4 Bringing proceedings
14.5.5 Costs
14.5.6 Correcting minor errors in Secretary of State decision letters – the “slip rule”
14.6 Statutory applications against enforcement notices
14.6.1 Grounds
14.6.2 Obtaining permission
14.7 Judicial review
14.7.1 Standing
14.7.2 Time to bring proceedings
14.7.3 Permission procedure
14.7.4 Trial
14.8 Collateral challenge
14.8.1 Enforcement notices
14.8.2 Collateral challenges in civil proceedings
14.8.3 Collateral challenges in criminal proceedings
14.9 Summary
Chapter 15: Seeking Compensation
15.1 Introduction
15.2 Compensation for compulsory purchase
15.3 Compensation for injurious affection
15.4 Compensation for planning restrictions
15.4.1 Compensation for orders revoking or modifying existing rights
15.4.2 Compensation for discontinuance orders
15.4.3 Compensation for loss due to a stop notice
15.5 Purchase notices
15.5.1 Response notices
15.5.2 The Secretary of State’s functions
15.6 Summary
Chapter 16: Compulsory Purchase and Planning Law
16.1 Introduction
16.2 Acquisition of land for planning purposes
16.2.1 Powers under s226(1)(a)
16.2.2 Powers under s226(1)(b)
16.3 Protected land
16.4 Implementation
16.5 Is compulsory acquisition necessary?
16.6 Compulsory purchase procedure
16.7 Effects of confirmation and future challenges to the order
16.8 Acquisition of the land
16.9 Expedited procedure
16.10 Extinguishment of rights
16.11 Blight
16.12 Disposal of acquired land
16.13 Development consent orders under the Planning Act 2008
16.14 Summary
PART 7: SPECIAL PLANNING CONTROLS
Chapter 17: Listed Buildings and Conservation Areas
17.1 Introduction
17.2 Consents
17.3 Listed buildings
17.3.1 The listing process
17.3.2 Criteria for listing
17.4 Effect of listing
17.5 Enforcement of listed building control
17.6 Building preservation notices
17.7 Repair of listed buildings
17.7.1 Urgent works notice
17.7.2 Repairs notice
17.8 Conservation areas
17.9 Unlisted buildings in conservation areas
17.10 Other controls in conservation areas
17.11 Compensation claims
17.12 Summary
Chapter 18: Trees
18.1 Introduction
18.2 Validity of tree preservation orders
18.3 Contravention of a tree preservation order
18.4 Consent under a tree preservation order
18.5 Provisional tree preservation orders
18.6 Compensation
18.7 Felling licences
18.8 Trees in conservation areas
18.9 What is a tree?
18.10 Reform under the Planning Act 2008
18.11 Hedgerows
18.11.1 Scope of the Hedgerow Regulations 1997
18.11.2 Removal of hedgerows
18.11.3 Permitted removal of hedgerows
18.11.4 “Important hedgerows”; restriction on the powers of the LPA
18.11.5 Enforcement
18.12 Summary
Chapter 19: Ancient Monuments and Archaeological Areas
19.1 Introduction
19.2 Ancient monuments
19.3 Scheduled monument consent
19.4 Offences
19.5 Areas of archaeological importance
19.6 Effect of designation
19.7 Powers of the investigating authority
19.8 Planning powers
19.9 World Heritage sites
19.10 Summary
Chapter 20: Caravan Sites
20.1 Introduction
20.2 Requirement for site licence
20.3 Issue of site licence
20.4 Site licence conditions
20.5 Summary
Chapter 21: Advertisements
21.1 Introduction
21.2 Definition of “advertisement”
21.3 Exclusions from advertisement control
21.4 Deemed consent
21.5 The standard conditions
21.6 Express consent
21.7 Appeal to the Secretary of State
21.8 Special and experimental areas
21.9 Breach of advertisement control
21.10 Summary
Chapter 22: Sites of Special Scientific Interest
22.1 Introduction
22.2 Designation of SSSIs
22.3 Restrictions on operations
22.4 Public authorities and statutory undertakers
22.5 Management schemes
22.6 Offences
22.7 Planning decisions
22.8 Summary
Chapter 23: National Parks and Areas of Outstanding Natural Beauty
23.1 Introduction
23.2 Designation of National Parks
23.3 Designated National Parks
23.4 Procedure for designation of a National Park
23.5 Management of National Parks
23.6 Planning permission in National Parks
23.7 What is an area of outstanding natural beauty?
23.8 Designated areas of outstanding natural beauty
23.9 Procedure for designation of an area of outstanding natural beauty
23.10 Management of areas of outstanding natural beauty
23.11 Planning permission in areas of outstanding natural beauty
23.12 Summary
Chapter 24: Minerals and Waste
24.1 Introduction
24.2 Minerals under the Town and Country Planning Act 1990
24.3 Minerals planning guidance (MPG) notes and Minerals Policy Statements (MPS)
24.4 Review of old mining permissions
24.5 Minerals and environmental impact assessment
24.6 Waste
24.6.1 National waste strategy and regional strategies
24.6.2 Waste and development plans
24.7 Summary
Chapter 25: Crown Land
25.1 Introduction
25.2 Application of the Town and Country Planning Act 1990
25.3 Planning procedures for Crown land
25.4 Exercise of powers in relation to Crown land
25.5 Disposals of Crown land
25.6 Listed building consents and conservation area control
25.7 Summary
PART 8: DEVELOPMENT CONSENT FOR NATIONALLY SIGNIFICANT INFRASTRUCTURE PROJECTS (NSIP) UNDER THE PLANNING ACT 2008
Chapter 26: NSIP Development Consent
26.1 Introduction
26.1.1 The impetus for reform
26.1.2 The elements of the new system
26.2 National policy statements
26.3 Nationally significant infrastructure projects (NSIP)
26.4 NSIP development consent
26.4.1 Unification of consent regimes
26.5 The Infrastructure Planning Commission
26.6 Development consent orders: procedure
26.6.1 Determining applications for DCOs
26.6.2 Panel or single commissioner
26.6.3 Intervention by the Secretary of State
26.6.4 Examining the application
26.6.5 Timetable for examination and decision
26.6.6 The decision on the application
26.6.7 Legal challenge
26.7 Development consent orders: legal effect
26.8 Enforcement of the NSIP development consent regime
26.9 Reform
26.10 Summary
Application
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