<?xml version="1.0" encoding="utf-8"?>
<rss version="2.0">
<channel>
<copyright>Copyright &#169; 2012 Rebecca Whittaker</copyright>
<pubDate>Thu, 17 May 2012 08:04:19 +0100</pubDate>
<lastBuildDate>Thu, 17 May 2012 08:04:19 +0100</lastBuildDate>
<docs>http://blog.lblaw.co.uk/</docs>
<description>Lanyon Bowlder Solicitors blog.</description>
<link>http://blog.lblaw.co.uk/</link>
<title>Lanyon bowdler Blog feed</title>
<image>
<title>Lanyon bowdler Blog feed</title>
<url>http://blog.lblaw.co.uk/images/lanyon-bowdler-logo.gif</url>
<link>http://blog.lblaw.co.uk/</link>
<description>Lanyon Bowlder Solicitors blog.</description>
</image>
<managingEditor>info@lblaw.co.uk (Lanyon Bowdler)</managingEditor>
<webMaster>Rebecca Whittaker</webMaster>
<generator>Rebecca Whittaker</generator>
<language>en</language>
<category>Legal</category>
<ttl>1440</ttl>
<item>
<title><![CDATA[Planning Law - There are Changes Afoot....]]></title>
<link>http://blog.lblaw.co.uk/planning-law-there-are-changes-afoot-377/</link>
<description><![CDATA[
On 27 March 2012 the Government set out its controversial reforms of the planning system with the new National Planning Policy Framework (NPPF).  The new framework simplifies a previous 1300 pages of policy in 44 separate documents into one 50 page file.  Is the lifelong ambition of the planning system becoming simplified and less cumbersome therefore now finally upon us?
There are three objectives to the reforms:-
To put power in the hands of communitiesTo support better growthTo ensure that the countryside, towns and cities are bequeathed to the next generation in a better condition than they are now 
These objectives lie alongside the fundamental principle of the planning system; sustainable development.  The new NPPF suggests that Local Planning Authorities (LPAs) observe a presumption in favour of development whereby all planning applications should be approved unless there would be adverse effects (for example the development causing a substantive detrimental effect on a neighbouring property or in the countryside)  which significantly and demonstrably outweigh the benefits of the development taking place.  
The new system also shifts the onus on to the LPAs to prove that a scheme will not cause significant harm to the locality by being undertaken rather than the onus being on the developer to prove that the benefits of any development outweigh any potential harms being caused.  
Planning Minister Greg Clark has stated that we are determined that the new NPPF will put power into the hands of local people through a simpler, clearer system which safeguards our natural and historic environment whilst allowing the jobs and homes to be created which our country needs.  Whilst the NPPF suggests that the re-use of brownfield sites will preserve and enhance the natural environment, this is looked at sceptically.  
Whilst the protection of the natural environment is an objective of the NPPF, the framework does not place any clear limitations on where it is appropriate to build therefore leaving the door wide open for developers to submit any application they so wish and leave the LPAs to try and prove that the proposed scheme will not cause  significant harm.  This seems like heavy burden of responsibility for the LPA to bear but no doubt developers will be shouting for joy!
In order for the NPPF to achieve its objectives planning policies must now be adjusted in order to achieve a simple and focussed system where the countryside remains protected whilst the LPAs still permit development in appropriate areas.  At present, there are significant gaps in the NPPF which will allow lawyers and planning consultants to manipulate the policies to fit the case of a developer!  
A simplified and less complicated system...not quite yet it would seem!
 ]]></description>
<category><![CDATA[Planning]]></category>
<pubDate>Tue, 03 Apr 2012 11:07:07 +0100</pubDate>
<guid>http://blog.lblaw.co.uk/planning-law-there-are-changes-afoot-377/</guid>
</item>
<item>
<title><![CDATA[Dale Farm, Essex - Planning Issues]]></title>
<link>http://blog.lblaw.co.uk/dale-farm-essex-planning-issues-337/</link>
<description><![CDATA[
After a 10 year case between the Basildon Council and the Dale Farm Residents, the High Court determined that removal of the residents was necessary to avoid the criminal law and the planning system being brought into serious disrepute (Justice Ouseley). As has been featured widely in the news the Dale Farm residents have now been evicted. 
Dale Farm is owned by its residents and is located within the green belt and has been subject to such green belt control since 1982.  Lying next to the Dale Farm site is an authorised travellers site known as Oak Lane where there is planning permission for 34 legal pitches. The problems however arose when the traveller families built 51 pitches at Dale Farm after being refused the necessary planning permission due to green belt policy. The erection of these pitches constituted a serious breach of planning control. Enforcement action was subsequently taken but the residents failed to comply and appealed against the same citing arguments based on human rights, issues of race and that there were insufficient sites for alternative accommodation.   
In July 2011 Basildon Council issued a 28 day notice to the travellers occupying the unauthorised pitches which required them to vacate the site in accordance with the enforcement notices which had been served over the many previous years. The notice expired at midnight on 31 August but an injunction was applied for by the Dale Farm however this was subsequently dismissed on the basis that finality to the ongoing case was required and human rights had been considered at all stages and therefore there were no grounds for such an injunction. The Council have emphasised that they are simply upholding the law and treating the travellers the same as anyone else by taking enforcement action and not discriminating against them as the travellers allege. The Council also state that it is vital to remember that the operation was a site clearance and not an eviction.    
There is still however much debate regarding the eviction and the arguments used to justify the same. Whilst some are stating that the evictions were necessary in accordance with planning laws others are suggesting that the planning laws had been used as justification to racism and ethnic cleansing.  I would say therefore that we have not seen the last of cases such as these particularly in view of the apparent lack of housing in the U.K and these differing opinions and arguments will no doubt feature and be afforded in such future cases. ]]></description>
<category><![CDATA[Planning]]></category>
<pubDate>Mon, 31 Oct 2011 10:31:09 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/dale-farm-essex-planning-issues-337/</guid>
</item>
</channel>
</rss>
<!-- Page generated in 0.069143 seconds peaking at 4,001,488B of memory -->
