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Aviation and Planning Policy – Current and Future Flight Paths, by Simon Bird QC and Hugh Flanagan.
First published in the Journal of Planning and Environmental Law by Sweet & Maxwell.
Section 25(2) of the Localism Act 2011 provides:
"A decision-maker is not to be taken to have had, or to have appeared to have had, a closed mind when making the decision just because:
(a) the decision-maker had previously done anything that directly or indirectly indicated what view the decision-maker took, or would or might take, in relation to a matter, and
(b) the matter was relevant to the decision."
The full article can be found here: PREDETERMINATION AND LOCALISM ACT
Chapter 7 of the Localism Act 2011 sweeps away the standards machinery put in place by the Local Government Act 2000 following Nolan and replaces it with a general duty to promote and maintain high standards of conduct, locally devised codes of conduct and local determination in relation to alleged breaches.
All relevant local authorities : "must promote and maintain high standards of conduct by members and co-opted members of the authority".
The full article can be found here: LOCAL GOVERNMENT REPLACEMENT STANDARDS REGIME
Assets of Community Value (ACV) are a creation of Chapter 3 of the Localism Act. What has driven the Government to legislate for them is not at all clear and the cases in which the new provisions will be of real practical value are likely to few in number. The reality is that they will encourage unrealistic and unrealisable local expectation to the detriment whilst imposing an unwelcome additional administrative burden on local authorities.
The full article is here: ASSETS OF COMMUNITY VALUE
A new section 38A is inserted into the Town and Country Planning Act 1990 which allows any “qualifying body” to:
“initiate a process for the purpose of requiring a local planning authority in England to make a neighbourhood development plan”.
The draft NPPF advises that NDPs give communities direct power to plan the areas in which they live and they may be used to develop a shared vision for their neighbourhood and to set planning policies for the development and use of land. There are, however, restrictions.
The full article can be found here: NEIGHBOURHOOD PLANNING NDP April 2012
A Neighbourhood Development Order (NDO) is an order which grants planning permission in relation to a particular neighbourhood area specified in the order (a) for development specified in the order; or (b) for development of any class specified in the order. Planning permission may be granted unconditionally or subject to such conditions or limitations as are specified.
Click here for the full article: NEIGHBOURHOOD PLANNING NDO April 2012
Community Right to Build Orders (CRBOs) are a species of Neighbourhood Development Order (NDO) provision for which is made by Section 61Q and Schedule 4C of the Town and Country Planning Act 1990.
The full article can be found here: NEIGHBOURHOOD PLANNING CRBO April 2012
Contributor to Bias, Predetermination and the Code [2010] (Feb) LGL
Alconbury a year on: Article 6 challenges face stiff uphill struggle after Court of Appeal Begum and Adlard adopts a schematic approach? [2002] (Sept) JPL 1045
The first quashing of a structure plan at modifications stage important for county and district councils [2002] (Sept) JPL 1051