Urban Planning and Real Estate Development

By John Ratcliffe; Michael Stubbs et al. | Go to book overview
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Town planning law and regulation
A system of comprehensive control over all development was introduced by the TCPA 1947, which required that all building development and any material changes in the use of a building and of land would, henceforth, require planning permission, to be issued by the local planning authority. The legislation established just what would or would not require planning permission. Since 1947 all town planning legislation has provided a definition of 'development'. To understand the workings of the system it is necessary to understand just what falls within the provisions of the definition of development to establish what does and does not require planning permission.This chapter will examine the principal legislation that defines what does and what does not require the submission of an application for planning permission. Detailed reference will be made to the TCPA 1990, Town and Country (Use Classes Order) 1987 and Town and Country Planning (General Permitted Development) Order 1995. The latter section of the chapter will deal with the enforcement of town planning control, a specialist area of planning legislation that deals with remedial action against the development of land undertaken without the benefit of planning permission. The chapter will be subdivided as follows:
The definition of development
Use Classes Order and General Permitted Development Order
Enforcing town planning control.

The definition of development

Section 55(1) of the 1990 TCPA defined 'development' as:

the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in the use of any buildings or other land.

This definition of development provides the very basis for the development control system and introduces a distinction between operations (building, engineering, mining or other) and material change of use (activity). The definition is itself broad in content and must be considered alongside the General Permitted Development Order (GPDO) and Use Classes Order (UCO). Read in isolation it would result in a vast number of operations and

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