1. Geraint Ellis 1 Lecture 4 PLANNING LAW AND STATUTORY INSTRUMENTS Geraint Ellis g.ellis@qub.ac.uk

2. Geraint Ellis 2 Lecture Structure Basic legal concepts. The law-making process Key planning legislation Legal case studies

3. Geraint Ellis 3 Learning outcomes Students will be able to: Understand the basic concepts of UK law Discuss the process for enacting planning legislation. Describe the main pieces of planning legilsation. Provide examples of legal cases in the planning field.

4. Geraint Ellis 4 Basic legal concepts The rule of law Types of law Legal interpretation Precedent

5. Geraint Ellis 5 Rule of law All government authority MUST be exercised in line with written laws. Avoids arbitrary use of state power. Everyone is equal before the law. Regarded as a precondition for a free and democratic society. … but says nothing about the fairness of the laws. Judicial review

6. Geraint Ellis 6 What does the term ultra vires mean when used in a legal context? 1.Extreme flexibility 2.Acting beyond legal powers 3.Legal immunity

7. Geraint Ellis 7 “Ultra Vires” “beyond the power” Allows the courts to dismiss the actions of a planning authority for overstepping the provisions of legislation E.g. Chersey UDC v. Mixnam’s Properties Ltd [1964].

8. Geraint Ellis 8 Types of law Legislative sources of law: Primary legislation (Acts of Parliament) Secondary or delegated legislation: E.g. statutory instruments, byelaws. European legislation Judicial sources of law: Common law

9. Geraint Ellis 9 What is “Common Law”? 1.Laws based on ancient custom 2.Laws made by the House of Commons 3.Laws developed through the decisions of the courts

10. Geraint Ellis 10 Legal precedent Later courts are bound to apply same reasoning as an earlier court on similar cases. Allows consistency and application of principle and reason in courts decisions. The court hierarchy Precedent in planning cases: E.g. Collis Radio Ltd v. SSE [1975]

11. Geraint Ellis 11 How would you interpret “The owl of Minerva takes flight at dusk” 1.Older people loose the ability to think sharply. 2.Older people are wise. 3.The time for reflection is when the action is over.

12. Geraint Ellis 12 Legal interpretation Legislation may be contested or ambiguous. Judicial approaches to interpretation: The literal approach The golden approach The mischief approach

13. Geraint Ellis 13 The law making process For Acts of Parliament: First reading of a Bill (announcement) Second reading (general debate) Committee Stage (detailed scrutiny) Report Stage (Report of committee, amendment) Third reading (vote on amendments) Other House (i.e. House of Commons or Lords) Royal Assent

14. Geraint Ellis 14 What is unusual about how NI law is currently made? 1.Technically it is all secondary legislation 2.Only English MPs can vote on it. 3.It has to be renewed every year.

15. Geraint Ellis 15 NI legislation Under Direct Rule: Orders In Council A form of delegated legislation A temporary measure… Under devolution: Acts of the NI Assembly

16. Geraint Ellis 16 Key planning legislation Scotland The Town and Country Planning Act (Scotland) 1997 New Bill in the Scottish Parliament England and Wales The Town and Country Planning Act 1990. Planning and Compensation Act 2004. Northern Ireland The Planning (Northern Ireland) Order 1991 The Strategic Planning (Northern Ireland) Order 1999 The Planning (Amendment) (Northern Ireland) Order 2003

17. Geraint Ellis 17 Secondary planning legislation in NI Planning (Use Classes) (Amendment) Order (Northern Ireland) 1996 Planning (Fees) (Amendment) Regulations (Northern Ireland) 1997 Planning (Use Classes) Order (Northern Ireland) 2004 Planning (General Development) (Amendment) Order (Northern Ireland) 2002

18. Geraint Ellis 18 Other related legislation Environmental Impact Assessment National Parks Housing Transport and Traffic Listed Buildings Wildlife protection Agriculture Caravan sites Compulsory purchase

19. Geraint Ellis 19 Can planning law over rule law wildlife protection? 1.Yes 2.No

20. Geraint Ellis 20 Examples of legal cases Issues in DC: Stringer V. Ministry of Housing and Local Government [1970] Change of use: Ealing Borough Council v. Ryan [1965] Planning conditions: R v. Hillingdon London Borough Council (ex parte Royco Homes Ltd) [1974] Human rights: Alconbury [2001]

21. Geraint Ellis 21 Sources of information Legislation: http://www.opsi.gov.uk/legislation/ Legal cases: http://www.bailii.org/ Other online sources at: http://www.qub.ac.uk/directorates/Inform ationServices/TheLibrary/OnlineResourc es/OnlineResourcesbySubject/Law/ Journal of Planning and Environmental Law

22. Geraint Ellis 22 Summary All law is governed by a number of key legal principles. The law making process NI legislation Key planning legislation Examples cases