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    Restrictions on the use of land / William Webster and Robert Weatherley.

    • Title:Restrictions on the use of land / William Webster and Robert Weatherley.
    •    
    • Author/Creator:Webster, William, author.
    • Other Contributors/Collections:Weatherley, Robert, author.
    • Published/Created:London : Wildy, Simmonds & Hill Publishing, 2016.
      ©2016
    • Holdings

       
    • Library of Congress Subjects:Land use--Law and legislation.
      Land use--Planning.
    • Description:xcii, 572 pages ; 25 cm
    • Notes:Includes bibliographical references and index.
    • ISBN:0854901973
      9780854901975
    • Contents:Machine generated contents note: pt. I EASEMENTS AND PROFITS A PRENDRE
      1. Easements
      Introduction
      Essentials of an easement
      There must be a dominant and servient tenement
      Easement must accommodate the dominant land
      Dominant and servient tenements must be owned and occupied by different persons
      Easements must be capable of forming the subject-matter of a grant
      There must be a capable grantor and a capable grantee
      Right must be sufficiently definite
      Right must be within the general nature of rights capable of being created as casements
      Right must not impose any positive burden on the servient owner
      Easement must not exclude the servient owner from possession
      2. Creation of Easements and Profits
      Introduction
      By statute
      By express grant or reservation
      Grant
      Reservation
      By implied grant or reservation
      Easements of necessity
      Easements of intended use
      Easements within the rule in Wheeldon v Burrows
      Law of Property Act 1925, section 62
      By prescription
      Prescription at common law
      Prescription by lost modern grant
      Prescription by statute
      the Prescription Act 1832
      Periods of enjoyment under the Prescription Act 1832
      Interruption
      As of right
      Use by force
      Use by stealth
      Permissive use
      Easements of light
      3. Passing of Benefit and Burden of Easements and Profits a Prendre to Successors in Title
      Easements
      Profits a prendre
      4. Profits a Prendre
      Introduction
      Various types of profits a prendre
      5. Scope of Enjoyment of Easements and Profits a Prendre
      Introduction
      Express giant or reservation
      Implied grant/prescription by lost modern grant
      6. Particular Easements and Examples of Analogous Remedies of Relevance to Development
      Rights of way
      Scope of rights of way and excessive user
      Ancillary rights and repairs
      Parking rights
      Exercise of a right of way contrary to a statutory prohibition
      Interference with rights of way
      Rights of light
      Remedies
      Rights of support
      Other remedies for loss of support apart from an actionable interference with an easement
      Access to neighbouring land to carry out repairs
      Party walls
      Underground services enjoyed over third party land
      Trespass and on-shore exploration
      Laying pipes
      miscellaneous
      Rights of flow and supply of services
      miscellaneous
      Repairs
      Excessive user by dominant owner in the case of drainage easements
      7. Extinguishment of Easements and Profits a Prendre
      Introduction
      By statute
      By express release
      By implied release
      By unity of ownership and possession
      8. Registration of Easements and Profits a Prendre and Determination of Disputes
      Registration
      Determination of disputes
      pt. II TOWN AND VILLAGE GREENS
      9. Introduction to Town and Village Greens
      Examples of registered vi llagc greens
      brief history of greens
      10. Post-registration Rights and Management
      Rights after registration
      Managing greens
      Injunctions and civil proceedings
      criminal law
      Schemes
      Misuse of privately owned greens
      case history: R (Barnsley MBC) v Secretary of State for Communities and Local Government
      compulsory purchase by local authority?
      11. Criteria for Registration in Commons Act 2006, Section 15
      Implementation and national variation
      Who is entitled to apply for registration?
      application form
      Managing the application
      Determining applications (non-pioneer areas)
      Determining applications (pioneer areas)
      Repeat applications (res judicata)
      Qualifying criteria for registration
      Overview of qualifying criteria
      significant number
      Spread
      inhabitants of any locality
      Predominance
      inhabitants of any neighbourhood within a locality
      Reliance on more than one neighbourhood/neighbourhoods straddling more than one locality
      Indulged ... in lawful sports and pastimes
      Right of way use
      Use as of right
      Highway land
      is the use of such land `as of right'?
      Use by force
      Use by stealth or secrecy
      Permissive use
      Permission implied from conduct
      As of right and the relevance of the Lewis and Powell cases
      Appropriation
      On the land
      Severance
      For a period of at least 20 years (and the relevance of continuity/interruption)
      Conflicting statutory regimes
      the Newhaven and Lancashire County Council litigation - key issues in Newhaven
      First issue: whether a tidal beach is even registrable as a village green
      Second issue: whether the existence of bye-laws precluded user `as of right'
      Third issue: conflicting statutory regimes
      12. De-registration and Exchange, Amending the Register to Cancel a Registration, Appropriation for Planning Purposes and Challenging Decisions of Registration Authorities
      De-registration and exchange
      Amending the register to cancel a registration
      Appropriation for planning purposes
      Challenging decisions of the registration authority
      Judicial review and self-challenges
      Commons Registration Act 1965, section 14(b)
      `justice' issue
      Commons Act 2006, section 19(2)(a) (correcting mistakes)
      Protective costs orders
      13. Recent Reforms
      Reforms made to the Commons Act 2006 in the Growth and Infrastructure Act 2013, sections 14
      17
      Commons Act 2006
      Section 15A
      landowner statements in Form CA16
      Section 15C
      `trigger' and `terminating' events
      pt. III PUBLIC RIGHTS OF WAY
      14. Introduction to Public Rights of Way
      15. Public Rights of Way
      Definitions and their Creation
      What is a public right of way?
      Classes of highway
      16. Creation of Highways
      Introduction
      Common law
      Express dedication and dedication generally
      Capacity
      Other requirements
      Implied dedication
      Acceptance
      `As of right'
      Statutory presumption of dedication
      Where a way over land, other than a way of such a character that use of it by the public could not give rise at common law to any presumption of dedication
      Has been actually enjoyed by the public as of right
      Without interruption
      For a full period of 20 years
      Unless there is sufficient evidence that there was no intention during that period to dedicate it
      Statutory means by which the presumption may be negatived
      Highways Act 1980 provisions
      Section 38
      creation by agreement
      Public path creation agreements
      Other provisions
      Section 26
      creation by order
      Public path creation orders
      Section 34
      creation by declaration
      Section 24
      creation by construction
      Reforms
      17. Highway Authority, Ownership and Maintenance
      Highway Authority
      Ownership of the highway
      Private rights over highway land
      18. Maintenance and Adoption of Highways
      Introduction
      Who is responsible to repair?
      adoption of roads
      Highways Act 1980, section 37
      Highways Act 1980, section 38
      Private streets
      What is a `private street'?
      Private street works code
      Street works
      Procedure
      Objections
      Expenses
      Liability and recovery of expenses
      Exemptions
      Advance payments code
      Procedure
      19. Interferences with Public Highways
      Introduction
      Highways Act 1980
      Provisions of the Highways Act 1980
      Damage to the highway
      Obstruction of highways
      Section 137
      wilful obstruction
      Section 138
      the erection of buildings
      Section 139
      control of builders' skips
      Causing danger to highway users
      Public nuisance
      Criminal law
      20. Stopping up and Diversion Orders
      Introduction
      effect of stopping up and diversion
      Stopping up and diversions
      development provisions
      Town and Country Planning Act 1990, section 247
      Guidance
      timing the application
      Guidance
      when will the application be successful?
      Cost and contributions to compensation
      Procedure
      Town and Country Planning Act 1990, section 257
      Guidance
      Procedure
      Town and Country Planning Act 1990, section 248
      Town and Country Planning Act 1990, sections 251 and 258
      Other development provisions
      Provisions under the Highways Act 1980
      Section 116
      judicial orders
      Stopping up in cases where the highway is `unnecessary'
      Diversions under section 116
      Procedure
      When to use this section
      tactics?
      Section 118
      public path extinguishment orders
      initial stage
      Confirmation of the order
      Procedure
      Section 119
      public path diversion orders
      Conditions for making the order
      Conditions for confirmation
      What the order may contain
      Procedure
      Other provisions under the Highways Act 1980
      Sections 118A and 119A
      topping up and diversion of rights of ways crossing railways
      Section 119D
      diversion of highways for the protection of sites of special scientific interest
      Further provisions
      Temporary diversions
      Alternatives ways by which highways might be extinguished
      Physical destruction
      Adverse possession
      21. Ascertaining and Recording Rights of Way
      Introduction
      What is the definitive map?
      Inclusion of rights on the definitive map
      Roads used as public paths
      Effect of the Natural Environment and Rural Communities Act 2006
      Conflicts between the map and statement
      Modifications to the definitive map
      discovery by the authority of evidence
      Definitive map modification orders
      procedure
      Orders modifying the definitive map
      Further challenge
      Reforms
      22. Financial Provisions
      Agreements under Highways Act 1980, section 278
      Contents note continued: Relationship between section 278 agreements and planning permission
      pt. IV RESTRICTIVE COVENANTS (FREEHOLD LAND)
      23. Introduction to Restrictive Covenants (Freehold Land)
      24. Positive and Negative Covenants and the Transmission of Benefit and Burden to Successors in Title of the Original Contracting Parties
      distinction between positive and negative covenants
      25. Enforceability of the Benefit of a Covenant
      As between the contracting parties
      Passing of the benefit of a positive covenant
      Burden of positive covenants
      26. Enforceability of the Burden of a Freehold Covenant
      Introduction
      Development of the law of restrictive covenants
      Covenant must be negative in nature or restrictive of the use of the burdened land
      Covenant must be made for the benefit and protection of land held by the covenantee
      Exceptions to the rule that the covenant must confer a benefit on the land of the covenantee
      Leases and mortgages
      Under a scheme of development
      Statutory exemptions from the requirement of land capable of benefiting from the restrictive covenant
      Special equitable rules apply in relation to the enforceability of a restrictive covenant where the original covenantee has parted with the benefited land
      Statutory annexation
      Summary on assignment and annexation
      Schemes of development (or building scheme covenants)
      Covenant must have been intended to run with the covenantor's land
      Passing of the burden (notice and registration)
      27. Restrictive Covenants and Other Restrictions on the Use of Freehold Land in Public Ownership
      Introduction
      Power of public bodies to impose restrictive covenants
      Town and Country Planning Act 1990, section 106 (substituted by Planning and Compensation Act 1991, section 12)
      Highways Act 1980, section 35
      Housing Act 1985, section 609
      Wildlife and Countryside Act 1981, section 39
      Local Government (Miscellaneous Provisions) Act 1982, section 33
      National Trust Act 1937, section 8
      Power of local authorities to extinguish or override restrictive covenants
      Consequences of compulsory purchase
      Land held by local authorities which is subject to rights of public recreation (land either acquired or appropriated onto such purposes or held for charitable purposes)
      28. Meaning and Construction of Certain Restrictive Covenants which Impact on the Development and Commercial Use of Land
      Overview in relation to contractual interpretation
      Implying terms
      Specific covenants
      Covenants involving the submission of plans and not building without consent
      Inference that consent to development should not be unreasonably withheld
      Relevant factors in determining reasonableness
      Meaning of certain terms in restrictive covenants which impact on residential development
      Covenants associated with the use of a building or plot as a private dwelling-house
      Case law examples of the terms `erection', `structure' or `building' in a restrictive covenant
      Covenants which impact on the use of premises for trade or business purposes
      User covenants which prohibit use for any trade or business
      User covenants which prohibit use for a specified trade or business
      Covenants which prohibit the carrying on of offensive or noisy trades or otherwise directed against annoyance or nuisance
      Competition Act 1998
      land agreements
      Restrictive covenants which preclude the acquisition of rights of light or other easements
      29. Litigation
      Remedies and Practice
      Introduction
      Damages or injunction
      development of the modern law
      Damages in addition to a permanent injunction
      Remedies for breach of covenant
      summary
      Claims
      practice
      Stays and limitation
      30. Release, Discharge or Modification of Restrictive Covenants
      Introduction
      Release by express agreement
      Change of character of neighbourhood
      Acquiescence
      Unity of seisin
      Discharge or modification of restrictive covenants under Law of Properly Act 1925, section 84(1) (as amended by Law of Property Act 1969, section 28)
      Procedure
      Introduction to Law of Property Act 1925, section 84(1)
      Jurisdiction of the Upper Tribunal (Lands Chamber)
      First condition obsolete covenants (section 84(1)(a))
      Second condition where the restriction would, unless discharged or modified, impede some reasonable user of the land for public or private purposes (section 84(1)(aa) and (1A))
      Third condition consent to discharge (section 84(1)(b))
      Fourth condition where the proposed discharge or modification will not injure the persons entitled to the benefit of the restriction (section 84(1)(c))
      Compensation under section 84(1)
      Implementation (registration) of orders made under section 84
      Costs in proceedings before the Upper Tribunal (Lands Chamber)
      31. Restrictive Covenants
      Planning and Compulsory Purchase
      Planning
      Compulsory purchase
      pt. V ASSETS OF COMMUNITY VALUE
      32. Introduction to Assets of Community Value
      33. Listing Assets of Community Value
      What Land Assets arc Affected?
      Introduction
      Land which is not of community value and may not be listed
      Residential property
      Land licensed for use as a residential caravan site
      Operational land of statutory undertakers
      34. Nominating an Asset for Inclusion in a Local Authority's List of Assets of Community Value
      Who may nominate
      Contents of community nominations
      35. Procedure after a Duly Made Nomination Has Been Made
      Procedure
      right to a review
      Procedure for reviews
      Appeals against listing review decisions
      List of land nominated by unsuccessful community nominations
      Publication and inspection of lists
      36. Moratorium Requirements on Disposals of Listed Land
      Moratorium requirements
      Exemptions to the moratorium provisions
      37. Compensation and Enforcement
      Compensation
      Internal review of compensation decisions
      Enforcement
      38. How the Scheme is Working and Proposals for Reform
      Other methods may be available to community groups to force owners to transfer land which may be of community value
      Community right to reclaim land
      Compulsory purchase order requests
      pt. VI ELEMENTS OF PLANNING LAW
      39. Introduction to Elements of Planning Law
      40. Development Control
      Basis of development control
      material change in the use of any buildings or other land
      Activities which do not constitute a material change of use
      Use not involving development within the curtilage of a dwelling-house for any purpose incidental to the enjoyment of the dwelling-house as such
      Use of land or buildings not involving development for the purposes of agriculture or forestry
      Town and Country Planning (Use Classes) Order 1987 (as amended)
      Use Classes
      Part A
      Class A1 (Shops)
      Class A2 (Financial and professional services)
      Class A3 (Food and drink)
      Class A4 (Drinking establishments)
      Class A5 (Hot food takeaways)
      Part B
      Class B1 (Business)
      Class B2 (General industrial)
      Class B8 (Storage or distribution)
      Part C
      Class C1 (Hotels)
      Class C2 (Residential institutions)
      Class C2A (Secure residential institutions)
      Class C3 (Dwelling-houses)
      Class C4 (Houses in multiple occupation)
      Part D
      Class D1 (Non-residential institutions)
      Class D2 (Assembly and leisure)
      Certificates of lawfulness of proposed use or development
      41. Permitted Development
      Introduction
      Town and Country Planning (General Permitted Development) (England) Order 2015
      Article 4 directions
      scope of permitted development
      overview
      Contents
      overview
      pt. 1 Development within the curtilage of a dwelling-house
      pt. 2 Minor operations
      pt. 3 Changes of use
      pt. 4 Temporary buildings and uses
      pt. 5 Caravan sites and recreational campsites
      pt. 6 Agricultural and forestry
      pt. 7 Non-domestic extensions, alterations, etc
      Conclusions on permitted development
      42. Planning Permission
      Introduction
      Applications for express permission
      procedure
      Pre-application consultation
      Applications
      Multiple applications
      Validation
      Publicity
      Planning registers
      Post-application consultation
      Applications for outline planning permission
      Determination of applications
      Provisions of the development plan
      How should the development plan be applied?
      Other material considerations
      issue of housing land supply under the National Planning Policy Framework as a factor in decision-making
      Sustainable development
      Housing need and the 5-year supply of housing land and its impact on planning permission
      grant of planning permission
      procedure and duration
      When is development `begun' for the purposes of time-limiting conditions?
      Scope and meaning of a planning permission
      43. Power to Make Non-material Changes to, or Otherwise Revoke or Modify, Existing Planning Permissions and the Liability of a Local Planning Authority to Pay Compensation
      Power to make non-material changes to planning permission
      Revocation or modification of planning permissions
      Discontinuance orders
      44. Planning Conditions and Obligations and the Community Infrastructure Levy
      Planning conditions
      Why arc planning conditions imposed?
      What are the main powers relating to the use of conditions?
      What approach should be taken to imposing conditions?
      Construing planning conditions
      Conditions relating to time limits
      Contents note continued: Discharging and modifying conditions once planning permission is granted
      Planning obligations (and the requirements of the National Planning Policy Framework and the Community Infrastructure Levy Regulations 2010)
      nature of a planning obligation
      Scope of TCPA 1990, section 106
      Modifications and discharge of planning obligations
      Community Infrastructure Levy
      Enforcement
      45. Purchase Notices and Blight Notices
      Purchase notices
      Reasonably beneficial use
      Blight notices
      46. Appeals and Statutory Review of Planning Decisions
      Right of appeal against local authority decisions on planning matters
      Time limit for submitting an appeal
      Powers of the Secretary of State on appeal
      Who decides the appeal and by what procedure?
      parties involved at an inquiry and the burden of proof
      Costs
      Judicial challenge of decisions of the Secretary of State
      Jurisdiction of the planning court
      47. Enforcement of Planning Control
      Introduction
      When might formal enforcement action not be appropriate?
      Time limits for enforcement action
      Time limits in cases of concealment
      planning enforcement orders
      Powers (other than an enforcement notice or a stop notice) available to a local planning authority to deal with enforcement
      Planning contravention notice
      Power of entry
      Temporary stop notice
      Breach of condition notice
      enforcement of conditions
      Injunctions restraining breaches of planning control
      Enforcement notice
      Enforcement by the Secretary of State
      Appeal against enforcement notice
      Secretary of State's powers in the case of enforcement notice appeals
      Grant or modification of planning permission on appeals against enforcement notices
      Variation and withdrawal of enforcement notices and effect of planning permission on enforcement
      Non-compliance with an enforcement notice
      Enduring effect of an enforcement notice
      Issue estoppel
      Guidance
      Stop notice
      48. Certificates of Lawfulness
      Powers of the local planning authority to issue certificates
      Revocation and offences
      Challenging a decision not to grant a certificate or failing to determine an application within the prescribed period
      49. Protecting the Natural Environment
      Introduction
      Environmental impact assessment
      Conservation of Habitats and Species Regulations 2010 (as amended)
      What do the Regulations do?
      Development in green belts
      How is the local planning authority (or an inspector) to judge impact on openness?
      Areas of outstanding natural beauty
      Sites of special scientific interest
      National Parks
      Tree preservation orders
      Powers of the local planning authority to require land to be cleaned up
      Hedgerows
      50. Listed Buildings and Conservation Areas
      Introduction
      Preservation of listed buildings
      Conservation areas
      What are the consequences of designation?
      51. Reforms in the Housing and Planning Act 2016
      Introduction
      Neighbourhood planning
      Local planning
      Planning in Greater London
      Permission in principle and local registers of land
      Planning permission, etc
      Planning obligations
      Nationally significant infrastructure projects
      Powers for piloting alternative provision of processing services
      Review of minimum energy requirements
      Urban development corporations
      New towns
      Sustainable drainage.
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