9 June 2014 Level 6 PLANNING LAW Subject Code L6-11 THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 11 PLANNING LAW * Time allowed: 3 hours plus 15 minutes reading time Instructions to Candidates You have FIFTEEN minutes to read through this question paper before the start of the examination. It is strongly recommended that you use the reading time to read the question paper fully. However, you may make notes on the question paper or in your answer booklet during this time, if you wish. All questions carry 25 marks. Answer FOUR only of the following EIGHT questions. The question paper is divided into TWO sections. You MUST answer at least ONE question from Section A and at least ONE question from Section B. Write in full sentences a yes or no answer will earn no marks. Candidates must comply with the CILEx Examination Regulations. Full reasoning must be shown in answers. Statutory authorities, decided cases and examples should be used where appropriate. Information for Candidates The mark allocation for each question and part question is given and you are advised to take this into account in planning your work. Write in blue or black ink or ballpoint pen. Attention should be paid to clear, neat handwriting and tidy alterations. Complete all rough work in your answer booklet. Cross through any work you do not want marked. Do not turn over this page until instructed by the Invigilator. * This unit is a component of the following CILEx qualifications: LEVEL 6 CERTIFICATE IN LAW, LEVEL 6 PROFESSIONAL HIGHER DIPLOMA IN LAW AND PRACTICE and the LEVEL 6 DIPLOMA IN LEGAL PRACTICE Page 1 of 8
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SECTION A (Answer at least one question from this section) 1. Outline how the following areas of special control are designated and analyse the relevant planning law and policies appropriate to each area: (a) national parks; (b) areas of outstanding natural beauty; (c) green belt. (7 marks) (7 marks) (11 marks) (Total: 25 marks) 2. Assess the role of the development plan in the determination of planning applications by local planning authorities. (25 marks) 3. Explain the powers exercised by local planning authorities in respect of outdoor advertising. (25 marks) 4. (a) Explain what is meant by the term environmental impact assessment ( EIA ). (17 marks) (b) Analyse the consequences of failing to carry out an EIA in circumstances where the law requires one to be made. (8 marks) (Total: 25 marks) Turn over Page 3 of 8
SECTION B (Answer at least one question from this section) Question 1 A firm of builders, Aedifix plc ( the Company ), recently submitted two planning applications to the Cornbrash District Council as local planning authority ( the LPA ) Application A was for the redevelopment for housing of an existing recreation ground extending to five hectares. Application B was for a change of use of a disused warehouse to accommodate a new cash-and-carry business. The land on which the warehouse is situated is adjacent to the recreation ground on one side and to a school on the other. The LPA consulted the highway authority on Application B; and the highway authority has replied that the application, if granted planning permission, would not lead to an unacceptable increase of traffic in the locality. The LPA has now determined both applications and the respective decision notices state: Application A Planning permission is granted subject to the following conditions: (i) (ii) An area of one hectare of the application site shall be laid out by the applicant for recreational purposes in accordance with a scheme to be approved by the LPA and the land so laid out shall be dedicated to the public as open space. The expense of implementing the said scheme shall be borne by the applicant. The houses to be constructed on the application site shall not be sold or rented without first being offered to the Cornbrash District Council for purchase as accommodation for applicants on the Council s social housing waiting list. Application B Planning permission is refused. The reasons for refusal are: (i) (ii) Planning permission, if granted, would set a precedent whereby it would be difficult for the LPA to refuse similar applications in the locality where a proliferation of such development would be detrimental to existing shopping centres. Local residents have expressed justifiable fears that the traffic generated by the development would compromise their safety and that of their children. Advise the Company as to any options available to it to challenge the legality of the LPA s decisions in: (a) (b) Application A Application B (13 marks) (12 marks) (Total: 25 marks) Page 4 of 8
Question 2 A development company, Great Oaks plc ( the Company ), has acquired a site on the south bank of the River Rushie ( the River ) on which is situated a disused 17 th Century watermill ( the Mill ). The Mill is connected to its storehouse on the north bank of the river by an ancient wooden footbridge ( the Footbridge ). The storehouse is a thatched barn ( the Barn ) constructed at the same time as the Mill. The Mill was listed as a building of special architectural or historic interest twenty years ago but neither the Footbridge nor the Barn has been expressly listed. The Mill is not in working order and the fabric of the building is in need of repair. The Footbridge is unsafe and the Barn roof leaks and needs to be rethatched. The Cornbrash District Council as local planning authority ( the LPA ) has been told by the Parish Council that the Company intends to demolish the Barn and the Footbridge and remove the Mill machinery to a museum. The work will be carried out by an independent contractor, Gabriel. The Company has no intention of repairing the Mill and, once it is completely derelict, plans to demolish it and use the land on both sides of the River as a centre for anglers, with shops and a tearoom. Advise: (a) (b) the LPA of the powers it may exercise to deal with the Company s plans, if implemented; (17 marks) the Company and Gabriel on their respective legal liabilities should the Company proceed with its plans. (8 marks) (Total: 25 marks) Turn over Page 5 of 8
Question 3 In 1999, Jethro bought 100 hectares of farmland ( the Farmland ). A year later, he obtained planning permission, subject to conditions, to develop part of the Farmland as stables and another part as an equestrian cross-country course. There was a related agreement with the Cornbrash District Council as local planning authority ( the LPA ) under s106 of the Town and Country Planning Act 1990 ( the TCPA 1990 ) which required the stables and cross-country course to be constructed within five years from the date of the grant. However, both developments were completed only two years ago. Since then, Jethro has been managing the facilities. In 2001, Jethro built a large farmhouse on the Farmland without planning permission. The LPA served an enforcement notice on him in 2002 but in January 2003 granted him retrospective planning permission to retain the farmhouse, subject to conditions. Condition 2 stipulated that the house should be occupied only by persons working at or enjoying the facilities of the proposed stables and cross-country course on the farmland. This was one of the few exceptions to the policy in the LPA's local plan prohibiting residential development in the open countryside. In March 2003, Jethro let the farmhouse to John, who commutes to London in connection with his work in the financial services industry and who has lived there ever since. In December 2013, Jethro applied for a certificate of lawfulness of use ( CLEUD ) on the ground that Condition 2 had not been complied with for the preceding ten years. In January 2014, the LPA refused the application and issued a Breach of Condition Notice ( BCN ) which required occupation of the house to cease other than in accordance with the terms of Condition 2. Jethro appealed against the refusal of the CLEUD. A week ago, a planning inspector dismissed the appeal on the grounds that Jethro had not been in breach of Condition 2 for the ten years preceding the BCN as Condition 2 could not come into effect until the completion of the equestrian facilities. As yet, the LPA has not prosecuted Jethro for failure to comply with the BCN. Explain the relevant legal principles raised by this scenario and advise Jethro as to the legal remedies, if any, which may be available to him. (25 marks) Page 6 of 8
Question 4 Anil owns two hectares of land ( the Site ) on which is situated a workshop building and a showroom from which Anil displays for sale up to 20 used cars at any one time. Recently, Anil received a legacy and proposes to construct and operate a hillclimb racetrack on part of the Site. The track will consist of a number of muddy hill-climb courses as the racing will take place, for the most part, in the winter months. He also proposes to demolish the showroom and use the space released to provide a sale area for up to 100 used and new hill-climb cars and ancillary equipment trading as Anil s Hill-Climb Jumble. On another part of the Site, Anil intends to install an automated wash-down while you wait car wash ( the car wash ) at the side of the existing workshop, where the owners of hill-climb racing cars can wash down their vehicles before returning home. This will take the form of an electronically operated gantry three metres in height and eight metres in length. The car wash will be mobile on four wheels and can be dismantled and reassembled. Anil also wishes to install, on a scaffolding plinth, an illuminated hill-climb car at the entrance to the site emblazoned with the letters Anil s Hill-Climb Adventure in brightly coloured letters. A picture of the illuminated car will also be reproduced on a large helium balloon at 100 metres above ground level, tethered by a secure cable. Anil s wife, Lara, is planning to open an on-site tearoom and bar near the workshop to cater for the drivers and their assistants in the winter months. Advise Anil and Lara on which of their proposals, if any, will require consent from the local planning authority and explain the specific nature of any consents required. (25 marks) End of Examination Paper 2014 The Chartered Institute of Legal Executives Page 7 of 8
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