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Planning Law and the British Land Use Report

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Updated: Apr 12th, 2022

Introduction

This report is aimed at examining a particular case that illustrates the application of the UK planning law. One of the main tasks is to determine when a landowner is obliged to obtain a planning permission. Moreover, it is important to discuss the implications of the current regulations for the business that Mr. Wells operates. In particular, one should examine the regulations which are related to the establishment of caravan sites.

Moreover, it is important to describe the actions that the client can take in order to safeguard his business. These are the main questions that should be discussed more closely. Overall, it is possible to say that Mr. Wells has to apply for a license, but it is possible for him to maintain his business by obtaining an LDC. These are the most productive strategies that can be adopted under such circumstances.

The implications of the decision notice

Overall, the decision notice provided to Mr. Wells can disrupt the functioning of his caravan businesses. It should be noted that a caravan cannot stay at the site for more than 28 days within a calendar year (Denyer-Green 1999, p. 158). Thus, this restriction can present extra difficulties people who may want to use this land as a caravan site.

Secondly, Mr. Wells will not be able to protect the property of his clients because he will not be allowed to build any fences or enclosures (Bassett, 2012). One can say that the functioning of Mr. Wells’ business will be disrupted. These restrictions are explained by the need to preserve the visual amenity of the landscape (Brand 2001, p. 66). In this case, one should speak about the change of land use.

In many cases, this action is legitimate only if the owner has obtained the permission (Moore 2012, p. 7). These are some of the main details that should be considered.

Additionally, according to the Criminal Justice and Public Order Act, police offers are required to dismantle unauthorized caravan sites (Cullingsworth, 2006, p. 182). Therefore, it may be difficult for Mr. Wells to run his business without a license. These are some of the main facts that should be taken into account.

Current regulations and recommendations

Furthermore, it is important to discuss the decisions taken by the previous consultant. In order to do it, one should briefly discuss current regulations that affect the activities of people like Mr. Wells. One should keep in mind that there are certain exceptions which should be considered.

In particular, a person is not required to have a license provided that the caravan sites are needed for temporary purposes, for instance, for the needs of forestry or agricultural workers (Dowden 2008; Diacon 2008). This is one of the legal defenses that the client can offer.

Moreover, one should consider those cases the owner does not use more than 5 acres of land (Bassett 2012, p. 10; Nolon 2006). Furthermore, caravan sites are not prohibited provided that they are used by the so-called exempt organizations (Sydenham 2008, p. 91; Diacon 2008).

These examples indicate that there are situations when the use of caravan sites can be legitimate. In these cases, a person is not required to ask official authorities for any permission. Therefore, one should not suppose that Mr. Wells’ actions are necessarily illegal. This is one of the aspects that can be singled out.

However, the case study does not show whether Mr. Wells has fully complied with these norms. For instance, according to the case, some of the visitors could stay for during the entire winter or summer.

Moreover, there is no information regarding the amount of land occupied by the tenants. On the whole, despite these exceptions Mr. Wells should remember that the running of a caravan site requires the license (Dickson 2013, p. 242).

The main problem is that Mr. Well’s case does not fit only one rule or regulations. This is one of the arguments that can be made. This is why the previous consultant had been right in applying for retrospective planning permissions since in this way, it is possible to ensure the legality of Mr. Wells’ business (Williamson 1997, p. 212). This is one of the details that should be considered by the legal consultant.

The main problem is that it may take Mr. Wells too long to obtain this permission (Watson, 2011, p. 96; Lawrence, 2003). During this time, Mr. Wells can suffer significant losses that can be explained primarily by the failure to retain clients.

It is quite possible that his clients will search for the services of a different land-owner. This is one of the main limitations that can be identified since one should pay attention to the financial interests of Mr. Wells.

Yet, it is also necessary to help Mr. Wells continue his operations. For example, one can speak about the obtain development lawful use or development certificates that are also known as LDCs. This document is necessary because it gives the owner a temporary immunity against the enforcement action that can be taken by the local authorities. (Ratcliffe 2013, p. 10).

This is one of the main pitfalls that Mr. Wells should avoid. By obtaining the LDC Mr. Wells will ensure that the caravan site will not be dismantled immediately by governmental officials. One should bear in mind that the use of LDCs can be justified in those cases when the lawfulness of an action may be difficult to evaluate (Speaight 2012, p. 297; Cousins 2012, p. 108).

This approach can be quite relevant to this situation described in this case. This is one of the aspects that can be identified. The use of this strategy is more useful for protecting the economic interests of the client. So, this option should be considered by the legal consultant.

Conclusion

This discussion suggests that the legal regulations related to land use can have profound implications for businesses. The situation which has been discussed shows that a land-owner should take into account various factors before establishing a caravan site. The general principle is that the occupier should first obtain the permission because in this way, he/she can safeguard the business against various risks.

Provided that this precaution is not taken, a land-owner should make sure that his caravan site is not dismantled immediately. These are the main details that can be singled out. So, the discussion throws light on the complexity of the planning law. One can see that there are numerous exceptions to various rules that are set by the state. This is one of points that can be made.

References

Bassett, W 2012, Clay’s Handbook of Environmental Health, Routledge, London.

Brand, C 2001, Practice Notes on Planning Law, Cavendish Publishing, New York.

Cousins, M 2012, Architect’s Legal Pocket Book, Routledge, London.

Cullingsworth, B 2006, Town and Country Planning in the UK, Routledge, London.

Denyer-Green, B 1999, Development and Planning Law, Taylor & Francis, London.

Diacon, D 2008, Out in the Open: Providing accommodation, promoting understanding and recognising rights of Gypsies and Travellers, BSHF, London.

Dickson, B 2013, Human Rights and the United Kingdom Supreme Court, Oxford University Press, Oxford.

Dowden, M 2008, Climate Change and Sustainable Development: Law, Policy and Practice, Taylor & Francis, London.

Moore, V 2012, A Practical Approach to Planning Law, Oxford University Press, Oxford.

Lawrence, D 2003, Environmental Impact Assessment: Practical Solutions to Recurrent Problems ,John Wiley & Sons, London.

Nolon, J 2006, Compendium of Land Use Laws for Sustainable Development, Cambridge University Press, Cambridge.

Ratcliffe, J 2013, Urban Planning and Real Estate Development, Routledge, New York.

Speaight, A 2012, Architect’s Legal Handbook, Routledge, London.

Sydenham, A 2008, Essential Law for Landowners and Farmers, John Wiley & Sons, London.

Watson, A 2011, Vehicle Hill Tracks in Northern Scotland, Paragon Publishing, New York.

Williamson, H 1997, Law and Valuation of Leisure Property, Taylor & Francis, London.

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