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It was held in James v Secretary of State for the Environment (1990) 61 P&CR 234 that there are three criteria for determining whether land is within a curtilage of a building:
The local authority must then issue a certificate stating whether it is lawful, or refuse to issue a certificate, in which case the person must make the appropriate planning application. (see Established Use Certificate)
In planning terms this is often in the form of conditions as to the future use of land or buildings, contained within the deeds. These can be a very useful tool by campaign groups when looking to prevent an adverse planning application. However they should be looked at adjectivly and not as a be all and end all of any objection.
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In effect the enforcement notice is the requirement to stop or correct some breach in development/planning (see also Breach of Condition Notice).
There is a 4 year time limit to enforcement on change of use of any single dwellinghouse, the carrying out without planning permission of building , engineering, mining or other operations in, on, over or under land. All other breaches have a 10 year time limit after which no enforcement action can be taken.
The basics of EIA is that any development in Schedule 1, and those in Schedule 2 meeting further criteria must have a full environmental assessment which at least contains the information in Part 11 of Schedule 4. This is then put into the public domain, with both the public and statutory bodies entitled to comment, and those comments MUST be taken into account, in effect giving the public there strongest right of comment.
There is a number of specialist Environmental Impact Assessment Regulations, such as forestry, links to all of these are on our main EIA Forum.
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PPG5: Purposes of including land in Green Belts
1.5 There are five purposes of including land in Green Belts:
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Hedgerows are those that have a continuous length of at least 20 metres, or meets another hedgerow at each end, however the hedgerow must be an important hedgerow (along with many exceptions), this must have existed for at least 30 years, and which relates to many criteria such as the importance to wildlife. (see CfPS Hedgerows Forum)
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However this can be a very costly process, although individuals, do and can make applications without legal assistance, as with all legal processes, it can be complicated, and expensive, especially if you lose, Whilst there are many solicitors able to undertake these applications, CfPS recommends that would be litigants seek advise from specialists, although that can be more expensive, however there are organisations such as EarthRights who are campaigns based and have realistic fees.
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Under s1 of the LBCA Act 1990, the Secretary of State for Culture, Media and Sport is required to compiler lists of buildings of special architectural or historic interest or approve, with or without modifications, such lists compiled by the Historic Buildings and Monuments Commission in England (the Commission) or by other persons or bodies of persons. Appendix 1 to DOE Circular 8/87 gives the criteria for listing:
Now all buildings over 30 years old can qualify for listing, and that buildings of outstanding quality (i.e. grade I and II) which are under threat, providing they are over 10 years old.
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| Non metropolitan districts | All planning applications except those relating to 'county matters' |
| Metropolitan districts, London Boroughs, national parks and unitary authorities | All planning applications including those relating to 'county matters' |
| County Councils | Planning applications relating to 'county matters' only |
| Urban Development Corporations within the boundaries of non metropolitan districts | All planning applications except those relating to 'county matters' |
| Urban Development Corporations within the boundaries of metropolitan districts | All planning applications including those relating to 'county matters' |
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TIPS
The DETR is very careful in how it treats objectors letters. Below are a few pointers for effective lobbying.
Do not co-sign letters as this will only count as one objection, instead send individual letters from each household member
Emailed or faxed objections will not be counted.
Objections based on an individuals loss of garden or amenity will likely be given little attention . Instead focus on wider issues
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