Unsupported browser

For a better experience please update your browser to its latest version.

Your browser appears to have cookies disabled. For the best experience of this website, please enable cookies in your browser

We'll assume we have your consent to use cookies, for example so you won't need to log in each time you visit our site.
Learn more

The emergence of new issues in planning law

  • Comment

May I take this opportunity to question some of the your writers' assumptions about planning law (AJ 27.9.01).

First, the 1947 Town & Country Planning Act, which was referred to by Martin Pawley as in need of repeal, was consolidated in the former Town & Country Planning Act in 1971, and later further consolidated in the Town & Country Planning Act 1990. I can recollect no mention of greenfield or brownfield land in any of these statutes, although planning policy statements issued by ministers over the past 10 years use these terms.

Second, I would be concerned if your readers relied too heavily on the content of the article by Brian Waters about the non-operation of permitted development rights for householders, as they affect situations where physical encroachment onto neighbours' land or walls is concerned.

I vividly recall a speech given by Christopher Chope, ex-Conservative Under Secretary of State for the Environment, to the TACP many years ago, when he made it crystal-clear that permitted development rights will continue for householders, even where there is an encroachment onto neighbours' land. The dispute about encroachment was a matter for the parties involved and not one for planning law.

Therefore, I cannot understand why the planning inspector in the Wandsworth case in 1997 came to an entirely different conclusion. Of late, there appear to be many other similar small, but ground-breaking, legal interpretations made by individual planning inspectors which go well beyond the bounds of established planning case-law, and have sadly avoided judicial challenge by the appellants.

Keith Evans, Colwyn Bay

  • Comment

Have your say

You must sign in to make a comment

Please remember that the submission of any material is governed by our Terms and Conditions and by submitting material you confirm your agreement to these Terms and Conditions.

Links may be included in your comments but HTML is not permitted.

Related Jobs