Planning & Property Law

PLAN30072 Planning & Property Law 20 Semester 2 Undergraduate Level 3 Mark Baker Unit coordinator Planning, Property and Environmental Management 1 FHEQ level (Framework for Higher Education Qualifications) ' Last part of a Bachelors ' European Credit Transfer & Accumulation System Rating : 10.0 A core element of any professionally-accredited town planning and/or real estate degree course is to understand the nature and operation of the statutory land-use planning system, and the administrative and regulatory framework in which it operates. The main focus of this module is on the legal framework and processes within which the planning process operates. It therefore builds upon students’ existing understanding of the planning system and its institutional context gained in the second year of the degree programme, esp. Plan-Making and the Development Process and complements other third year courses such as Urban Theory, Planning Theory and Professional Ethics and Professional Practice. This module is, therefore, in part an introduction to the legal framework that structures and regulates decision-making concerning land-use and the environment. It therefore involves an understanding of the legal concepts, processes and techniques which have evolved and been applied in this field. However, a great body of statute and case law has been built up in this field and it would be impossible in the time-frame available to acquire a highly-detailed knowledge of all this voluminous material. The intention is therefore to give a general appreciation of the system and the legal principles on which it operates, and also to help develop an awareness of the inter-relationships between legal processes and planning practice, especially in the area of development management (control). A significant part of the course therefore involves developing a practical understanding of the working of the development control process as well as its legal and administrative framework. The course unit also provides an introduction to wider aspects of property law such as land ownership, buying and selling property and compulsory purchase.   A core element of any professionally-accredited town planning and/or real estate degree course is to understand the nature and operation of the statutory land-use planning system, and the administrative and regulatory framework in which it operates. The main focus of this module is on the legal framework and processes within which the planning process operates. It therefore builds upon students’ existing understanding of the planning system and its institutional context gained in the second year of the degree programme, esp. Plan-Making and the Development Process and complements other third year courses such as Urban Theory, Planning Theory and Professional Ethics and Professional Practice. This module is, therefore, in part an introduction to the legal framework that structures and regulates decision-making concerning land-use and the environment. It therefore involves an understanding of the legal concepts, processes and techniques which have evolved and been applied in this field. However, a great body of statute and case law has been built up in this field and it would be impossible in the time-frame available to acquire a highly-detailed knowledge of all this voluminous material. The intention is therefore to give a general appreciation of the system and the legal principles on which it operates, and also to help develop an awareness of the inter-relationships between legal processes and planning practice, especially in the area of development management (control). A significant part of the course therefore involves developing a practical understanding of the working of the development control process as well as its legal and administrative framework. The course unit also provides an introduction to wider aspects of property law such as land ownership, buying and selling property and compulsory purchase.   The unit aims to provide students with the knowledge and skills to:Demonstrate understanding of the English legal, administrative and institutional context within which policies and decisions relating to land use and development are made and implemented;Critically analyse the inter-relationship between legal processes and planning and land use development practices.Demonstrate a detailed knowledge of the development management process and the way planning applications are determined;Utilise legal knowledge and practical skills in understanding and generating legal arguments and presenting a robust case for or against a development proposal. Students should be able to: <ul><li>Critically evaluate the concepts and operation of planning and property law </li><li>Synthesise and critique the relationships between plan-making and development management (control) </li><li>Examine and evaluate the planning application and inquiry process </li></ul> <ul><li>Explain and critically assess the legal basis of the regulatory land use system  </li><li>Critically analyse legal arguments and justifications in planning and property law </li></ul> <ul><li>Demonstrate the ability to use the intellectual skills developed in ILO IS3 to argue for or against a legal case </li><li>Present a robust case arguing for or against a development proposal </li><li>Critically reflect on the role of the planning inquiry process in planning and property law</li></ul> <ul><li>Demonstrate professional competencies  in report writing and oral presentation through preparation of the written report for, and participation in, the mock planning inquiry</li><li>Construct robust arguments based on evidence and the application of legal frameworks</li><li>Reflect upon the skills required in teamwork and group working  as part of legal frameworks for planning and property. </li></ul> <div>Lectures on various aspects of planning and property lawWorkshops / Seminars covering permitted development; planning appeals; legal cases; planning inquiry processes.  Group based tutorials in preparation for the ‘mock’ planning inquiry (including preparation for written report and inquiry elements).</div>  0 Other 100% <figure class="table"><table border="1" cellpadding="0" cellspacing="0" width="643"><tbody><tr><td style="width:168px;">ASSESSMENT ACTIVITY</td><td style="width:95px;">LENGTH REQUIRED</td><td style="width:114px;">WEIGHTING WITHIN UNIT</td><td style="width:267px;">FEEDBACK</td></tr><tr><td style="height:30px;width:168px;">1.    Group project work – ‘mock’ planning inquiry exercise </td><td style="height:30px;width:95px;">2500 word report and a presentation. </td><td style="height:30px;width:114px;">25%    </td><td style="height:30px;width:267px;">Written feedback within 15 working days</td></tr><tr><td style="height:30px;width:168px;">2.    Exam</td><td style="height:30px;width:95px;"> </td><td style="height:30px;width:114px;">75%</td><td style="height:30px;width:267px;">Marks will be made available within 15 working days of the assessment and verbal feedback is available on request after examination</td></tr></tbody></table></figure>  Written feedback on ‘mock’ planning inquiry evidence report; immediate verbal feedback via workshops / seminars throughout module; individual feedback on examination performance on request. N Bowes, A (2019) A Practical Approach to Planning Law (14th ed.), Oxford University Press, Oxford.Sheppard, A., Peel, D., Ritchie, H. and Berry, S. (2019) The Essential Guide to Planning Law: Decision Making and Practice in the UK, Policy Press, Bristol.Sheppard, A., Croft, N. and Smith, A. (2019) The Short Guide to Town & Country Planning (2nd Ed.)Cullingworth, J.B. & Nadin, V. (2014) Town and Country Planning in Britain (15th Edition). Routledge, AbingdonGreed, C. with Johnson, D. (2014) Planning in the UK – An Introduction. Palgrave Macmillan, Basingstoke.Haughton, G & Allmendinger, P (2014) Spatial Planning and the New Localism, Routledge, Abingdon.Hall, P. & Tewdwr-Jones, M. (2010) Urban & Regional Planning (5th edition), Routledge, AbingdonA problem with all textbooks is that they tend to become out of date quite quickly in respect of legislative and/or policy changes. For the most up-to-date details, it is therefore necessary to be familiar with relevant sections of the government website of the Department for Levelling Up, Housing and Communities (DLUHC) and other relevant bodies and organisations such as the Royal Town Planning Institute (RTPI).  Key statutory / regulatory material includes: Town and Country Planning (General Permitted Development) Order (as amended) 1995;  The Town and Country Planning (Development Management Procedure) Order 2010;  The Town and Country Planning (Use Classes) Order 1987 (The UCO) as amended; and  The Town and Country Planning (Local Development) (England) Regulations 2004.Department for Communities and Local Government (DCLG) (2012) National Planning Policy Framework (NPPF) (as amended), DCLG/MHCLG, London. This statement of national policy was originally published in 2012 and has subsequently been updated several times. At the time of writing, the latest version was published in 2021 but is currently subject to further proposed amendments in 2023.  Lectures 20 Practical classes & workshops 2 Tutorials 10 0 168