Holdings Information
Restrictions on the use of land / William Webster and Robert Weatherley.
Bibliographic Record Display
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Title:Restrictions on the use of land / William Webster and Robert Weatherley.
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Author/Creator:Webster, William, author.
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Other Contributors/Collections:Weatherley, Robert, author.
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Published/Created:London : Wildy, Simmonds & Hill Publishing, 2016.
©2016
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Holdings
Holdings Record Display
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: K3534 .W43 2016
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Land use--Law and legislation.
Land use--Planning.
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Description:xcii, 572 pages ; 25 cm
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Notes:Includes bibliographical references and index.
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ISBN:0854901973
9780854901975
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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.