Planning

Planning law is the area of law which is like old wallpaper; there are layers and layers of it. Taking from the top, we have European Community Law and the European Convention on Human Rights, then UK Statute Law, regulations, then national governmental guidance (which is accompanied by explanatory guides which add to it), regional guidance and documentation, structure and local plans and frameworks, supported by supplementary planning guidance. Add to this cases decided by the courts and appeals decided by the Secretary of State and inspectors covering every possible type of development.

Then there are the procedural rules which guide planning authorities as to how they make planning decisions; statutory provisions, regulations, guidance, and the principles developed by judicial review and planning appeal decisions of the courts to say what decisions should stand and which be overturned. Lastly the local government ombudsman makes decisions which can be referred to in order to ascertain what actions will be recognized as being maladministration which, if injustice is caused, lead to a recommendation of action in favour of individuals.

It is therefore not surprising that this is a field where lawyers can play a decisive role in many situations.