Description
Instruction Page along with other documents will be attached.
Problem Question :
Mega Construction Ltd has applied to the Local Planning Authority (LPA) for planning permission for a large commercial development that will provide office accommodation for start-up businesses. The application relates to a green field site on the outskirts of the town of Molton, England. The National Planning Policy Framework (NPPF) states that: “Planning policies should be positive, promote competitive town centre environments and set out policies for the management and growth of centres over the plan period.” It also states that local authorities should allocate a range of suitable sites to meet the scale and type of development needed in town centres, including commercial development.
The Local Development Plan has identified a number of sites within the town centre for business development. However, Mega Construction Ltd argues in their application that:
• The size of the development makes it inappropriate for a town centre location; and anyway they should not be required to consider alternative sites for this commercial development.
• The new complex will support the creation of much needed jobs for the local community and provide a significant boost to the local economy.
Nevertheless, local people are concerned about the loss of the green field site for recreational purposes. The fields are currently used regularly by the local community for walking their dogs, playing ball games etc. The local community is also concerned that the new complex will create a precedent for further development of this type in the area.
The LPA has suggested that if it were to grant planning permission it would want to provide a condition that 10% of the office accommodation is rented to ‘local residents’ in order to secure jobs for local people. Furthermore, the LPA has stated that it will require the developer to provide a 30 acre green field site for local residents to use for recreational purposes, as well as payment of the recently introduced Community Infrastructure Levy (CIL).
Advise Mega Construction Ltd as to the legal framework that governs decision making on planning applications by the LPA; and the how likely it is that the planning permission will be granted. You should include specific reference in your answer to the legality of the planning condition proposed and the requirement for the company to provide a 30 acre green field site for local residents to use for recreational purposes in addition to the payment of the Community Infrastructure Levy (CIL).
Notes to consider:
1-The handout is the starting point of the essay.
Q1: S70 (2) TCPA and s38 (6) PCPA 2004. TOGETHER THOSE SECTIONS say this. = Follow the local development plan unless material considerations indicate otherwise.
Material considerations: some issues are always material considerations: NPPF, Local authority strategies, representations of 3Ps and planning obligations.
1- Identify which material consideration is relevant? There are any planning obligations?
2- Make sure u include all the case laws, whether or not there is material consideration has been a question of law and there is much debate about it.
3- Try to think as a planner, what will be relevant in this case or particular application?
4- In terms of discretion, they have the power to make a planning decision.( they have a wide discretion to make decisions) limited discretion though see Newbury case.
5- The courts will only intervene where the local planning authority has taken a decision that is ultra vires- outside of their power? Reasons why the decision is outside of the LPA power: then u have to look at judicial review.
Instructions:
• The Hand out should be the starting point of the research to avoid unrelated information when answering the question.
• Case Law must be used, in addition to this textbook Moore Planning law. The relevant section of the book is attached. Other textbooks can be found in google books.
• journal articles can be found in west law and lexis Nexis if needed.
• The answer to the problem question must be fully referenced using OSCOLA referencing.
• A power point slides will be attached which includes further guidance on the question.
• Outline planning permission by – simon Stevenson ? this might be useful.
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