Planning Law Jargon Buster

Breach of Condition Notice

a notice alleging that the recipient(s) are acting in breach of conditions or limitations attached to a planning permission

Community Infrastructure Levy

also known as ‘CIL’ these are payments made by the applicant to make financial contributions (should planning permission be granted) for various necessary items of infrastructure, such as schools, highways improvements or the like. Rates of payment are set by the Local Planning Authority.

Enforcement Notice

a notice typically requiring the demolition/alteration of buildings or cessation of certain uses of land. These notices can be appealed to a Planning Inspector. These notices typically allow a period of time before they come into effect. Once they come into force, breach of this type of notice is a criminal offence.

Informal Hearing

a less formal hearing, chaired by an Inspector, relating to an appeal to obtain planning permission. Such hearings are more in the vein of ‘round-table’ discussion. Parties are typically not represented by lawyers

Information

a document formally setting out criminal charges against a defendant.

Injunction

a court order requiring people or businesses to do (or not do) specified things. Breach of an injunction is contempt of court for which individuals can be imprisoned and companies be fined or have their assets taken.

Judicial Review

an action in the High Court to challenge the decision of a public body, typically the Local Authority or a Planning Inspector.

Lawful Development Certificate

a certificate issued by a Local Planning Authority on application to determine whether existing or proposed development is lawful. The decision to issue a certificate is a legal decision applied on consideration of evidence submitted and does not involve considering planning policy.

Local Planning Authority

the body primarily responsible for planning controls, typically the District or Borough Council although in National Parks these functions are discharged by the National Park Authority. For waste-related matters and mineral extraction the relevant planning body is the County Planning Authority (typically the County Council).

Permitted Development (‘PD’)

rights to erect certain structures, make alterations to existing structures or change uses of land or buildings which do not require express planning permission. Different uses of land and buildings have different permitted development rights. Also known as the GPDO (‘General Permitted Development Order’).

Planning Contravention Notice

a notice issued by a Local Planning Authority formally requiring information in response to specified questions.  Failure to respond (or deliberately giving false responses) is a criminal offence.

 

Planning Inspector

an independent person appointed by the Secretary of State to determine planning appeals.

Planning Obligation

also known as a ‘s106 agreement’ this is a formal agreement between the applicant and others to make financial contributions should planning permission be granted) for various necessary items of infrastructure, such as schools, highways improvements or the like.

Public Inquiry

a formal hearing in public, chaired by an Inspector, relating to one of many possible matters such as an appeal to obtain planning permission, an appeal against an enforcement notice, a Town and Village Green application or in relation to modification of rights of way. Parties are often represented by lawyers or other advocates and witnesses are cross-examined.

Stop Notice

a notice normally served alongside an Enforcement Notice requiring immediate cessation of certain activities. Breach of this type of notice is a criminal offence.

Summons

a document formally requiring the named person(s) to attend at court to answer a criminal charge. Failure to attend court without good reason can result in a warrant for arrest being issued and/or cases being determined in the defendant’s absence

Tree Preservation Order

an Order made by the Local Planning Authority which protects individual trees or groups of trees from unauthorised works. Breach of a tree preservation order is a criminal offence.

Unilateral Undertaking

a formal undertaking given by an applicant to make financial contributions (should planning permission be granted) for various necessary items of infrastructure, such as schools, highways improvements or the like.