Unit 4:  Current Legislation Affecting UK Industry: Land

4.1.1 Overview

The protection of the environment can be seen now as a large part of the UK planning system. However, planning law has developed down a completely separate route to environmental and therefore, protecting the environment is not a principle aim of planning law.

Currently, environmental matters have begun to be taken more seriously in the system of development plans, which was highlighted in 1990 in the Governments White Paper (refer to This Common Inheritance Cm 1200 (1990). The DoE has also communicated this through various guidance (such as DoE (1994) the Environmental Appraisal of development Plans- A Good Practice Guide), supplemented with some areas of the Town and Country Planning Act 1990. Environmental assessment, which has been focused on in the previous unit, is also part of planning. There is a great deal of planning legislation that is applicable to the environment.

It is suggested that you undertake some more detailed reading into this subject concentrating upon: the history of the UK planning system in the mid 1900 to present. And reading: This Common Inheritance. HMSO (1990); Robert Carnwarth QC (1989) Enforcing Planning Control HMSO. Also, undertake some reading on:

  • Development plans.
  • Structure plans: refer to s.30 of the Town and Country Planning Act 1990 and Structure Plans. The Examination in Public. HMSO, 1978; Severn Trent Water Authority v. Secretary of State for the Environment [1989] JPL. (This case highlights the importance of the role of the secretary of state.
  • Local plans. Refer to Section 36 of the Town and Country Planning Act 1990.
  • Unitary development plans.
  • Material considerations. Refer to Section 70(2) of the Town and Country Planning Act 1990. Also, read the Tesco Stores Ltd v. Secretary of State for the Environment [1995] 2 All ER 636.
  • Other aspects, e.g. Nuisance, agreements.
  • Techniques in controlling development Read:Alder, J (1992) Development Control 2nd edition Sweet and Maxwell London.
  • Demolition.
  • Enterprise zones and deemed planning permission.
  • Change of use.
  • Planning applications. Read: Tromans and Clarkson (1991) The Environmental protection Act 1990: its relevance to planning controls in Journal of Planning Law 507 [1991].

Further Reading:
Alder, J (1992) Development Control 2nd edition. Sweet and Maxwell London.
Birtles.W and Stein. R (1994) Planning and Environmental Law. Longman Harlow.
Tromans and Clarkson (1991) The Environmental protection Act 1990: its relevance to planning controls. in Journal of Planning Law 507 [1991].