Glossary of terms used in this Web site

Abatement notice - A notice served by a local authority under Part III of the Environmental Protection Act 1990 which requires a statutory nuisance to be "abated" by the taking of steps specified by the authority. Failure to comply is an offence (and the authority may also carry out the steps in default), but the recipient of a notice has a right of appeal to the Magistrates Court. Where a nuisance arises on industrial, trade or business premises, and in certain other cases, the owner or other person responsible has a defence that he used the best practical means to prevent or counteract the nuisance. Note that an abatement notice cannot be served in respect of contaminated land in relation to a complaint arising after 1 April 2000.

Adverse possession - Commonly known as “squatters rights”, this refers to the occupation by one person of another's land without a tenancy or licence from the true owner or other legal right, as if it were his own land. The true owner may bring proceedings to eject the squatter, but he is debarred by law from commencing legal action after twelve years. Thus if the squatter manages to stay in possession for that length of time he can effectively claim to have become the owner (provided that his occupation satisfies certain requirements laid down by the Courts) and can apply to the Land Registry for title to be registered in his own name. Note that under the Land Registration Act 2002, if the land is registered land a squatter's adverse possession will no longer extinguish the title of the registered owner automatically: the squatter will have a right to apply to the Land Registry after ten years' possession. The true owner will be notified and if he objects, the application will, subject to limited exceptions, be refused. The true owner then has two years to commence ejectment proceedings against the squatter, but if he fails, the squatter can apply again for registration.

Advertisement consent - Consent required from the local planning authority under the Town and Country Planning (Control of Advertisements) Regulations 1992 for the display of an advertisement. An advertisement includes any kind of advertisement, announcement or direction, which is displayed in whatever form, e.g. a signboard, hoarding, canopy or in certain cases even a balloon. It is an offence to display an advertisement without consent, but there are various exceptions where consent is not required, and there are a large number of cases where "deemed consent" is automatically given provided that the advertisement fulfils certain criteria laid down in the Regulations.

Blight Notice - A notice served by an owner who claims that his land has been "blighted" as a result of the proposals of a local authority or certain other public bodies, so that he cannot sell the land except at a price below its market value. The land must be subject to one of the categories of blight specified in Schedule 13 to the Town and Country Planning Act 1990. Examples are land which is shown in a development plan as being required for the functions of a government department, local authority, or statutory undertaker; land within the site of a new highway or highway improvement scheme proposed by a local highway authority; and land within a general improvement area promoted by a housing authority. Except in the case of owner-occupiers of residential or agricultural property, only an owner of premises whose annual value for rating purposes does not exceed a prescribed amount (currently £24,600) may serve a blight notice. Any dispute over the validity of the notice, or the amount of compensation payable if the Notice is accepted, is determined by the Lands Tribunal.

Certificate of Lawfulness of a use or development - Called a "CLUD" for short. This provides a formal way of establishing whether development that has already been carried out (a) required planning permission, and (b) if so, has become immune from enforcement action. A Certificate of Lawfulness can be sought to determine whether planning permission would be required for a proposed development. Application is made to the local planning authority. There is a right of appeal to the Secretary of State against the refusal of a certificate. Once an existing development has been certified as lawful (or otherwise established to be immune from enforcement action) the only way that the local planning authority can require the building or works to be removed or the use brought to an end, as the case may be, is by the service of a discontinuance order.

Children's Certificates – This Certificate authorises the admission of persons under the age of 14 into the bar area so long as they are in the company of another aged 18 or over. The certificate may be granted by the licensing justices if they are satisfied that the area for which the children's certificate is sought is suitable for the admission of under 14's and that meals and non alcoholic drinks will be available for sale and consumption within that area.

Compulsory purchase order - An order generally made by a local authority, government body or statutory undertaker, which authorises that body ("the acquiring authority") to purchase land or an interest therein, or to create new rights over land, compulsorily. Notice must be given to owners and others and advertised in the press. The order will not come into force unless and until confirmed by the Secretary of State following a public inquiry into any objections received. If confirmed, the acquiring authority must publish notice of confirmation of the order in the local press and serve copies on owners, which triggers a statutory right to challenge the validity of the order in the High Court on a point of law but not on its merits. Subject to this, the authority may implement the order either by serving a "notice to treat" and notice of its intention to enter the land, or by making a "general vesting declaration" vesting the ownership of the land in itself. Owners whose land is acquired may claim compensation in accordance with the compensation rules.

Compensation rules - Certain rules set out in the Land Compensation Act 1961 which govern the assessment of compensation when land is compulsorily purchased or acquired under a blight notice. The rules are intended to ensure that an owner receives no more and no less than the sum that would be payable in the open market, assuming a willing seller. Any increase or decrease in value which is solely due to the scheme underlying the compulsory purchase must be ignored. Thus if the land has been acquired for a new road which will result in an uplift in property values the owner is not allowed to reap the benefit; conversely he will not suffer if the scheme depresses values. Compensation is payable for the effects of severance where only part of an owner's land is acquired. The owners of certain types of property such as churches or clubs for which there is no general market can alternatively claim compensation based on the cost of "equivalent reinstatement" of the building elsewhere. A dispossessed owner may also claim "disturbance" compensation in respect of the losses and expenses he incurs in having to move from his property. Any dispute over compensation is determined by the Lands Tribunal.

Connection notice - A notice served under the Water Industry Act 1991 to require a water undertaker to provide a service pipe connecting to a main in order to provide a water supply for domestic purposes. As in the case of a sewer requisition this is useful for a developer wishing to develop land which has no direct connection to a water main. The water undertaker's compliance will be subject to conditions relating to the reimbursement of its expenses, the provision of a water meter etc.

Conservation Area consent - Consent which is generally required in order to demolish the whole or part of a building in a Conservation Area. This is an area designated by the local planning authority under the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990 for the purpose of preserving or enhancing the special architectural or historic character of the area. Such areas may comprise groups of buildings or a town or village square etc. Stricter controls apply in these areas. For example some permitted development rights do not apply in Conservation Areas, and notice has to be given to the authority of any proposal to cut down, top or lop a tree in a Conservation Area so that the authority can consider whether to make a tree preservation order.

Contaminated land - Land which appears to the local authority to be in such a condition, by reason of the substances in, on or under the land, that significant harm to the health of living organisms or interference with the ecological systems of which they form part (including property in the case of man), or pollution of controlled waters, is being caused; or that there is a significant possibility of such harm. Such land is now subject to a new contaminated land regime.

Contaminated land regime - A new regime contained in Part IIA of the Environmental Protection Act 1990 as amended, and regulations, in respect of contaminated land. Local authorities have a duty to inspect their areas and to notify the Environment Agency, the owner and occupier(s) and the person who caused the contamination (if known) whenever they identify such land. An authority must, unless a statutory exception applies, serve a remediation notice in respect of the land. It may itself take remedial action in certain circumstances. Statutory guidance, to which local authorities must have regard in carrying out their functions, has been published by the Department of the Environment, Transport and the Regions in Circular 2/2000.

Controlled waste - Any waste which falls within the following categories: household waste (i.e. waste from domestic properties, caravans, educational establishments, hospitals or nursing or residential homes); industrial waste (from factories and premises used for public transport, gas, electricity, water, sewerage, postal or telecommunications services); and commercial waste (other waste from a trade or business or from premises used for sport, recreation or entertainment). Subject to various exemptions (including one for domestic occupiers in respect of their own household waste), a waste management licence is required under Part II of the Environmental Protection Act 1990 for the deposit or treatment of controlled waste. Various persons who deal with controlled waste are bound by a statutory duty of care in relation to such waste.

Covenants - Obligations which, in relation to land, are usually imposed by deed, for example in a conveyance of property or a lease or in a Section 106 planning obligation. Covenants may be in positive form (e.g. requiring an owner to erect a fence or to contribute to the upkeep of a private road) or in negative form, e.g. prohibiting the use of property for specified purposes. In the latter case they are known as "restrictive covenants". Restrictive covenants in conveyances which are expressed to be entered into for the benefit of other identified land will generally "run with the land" i.e. they will be enforceable by successive owners of the land benefited against the owner whose property is subject to the covenant and his successors. Subject to certain exceptions in the case of estate developments, positive covenants do not run with the land. Application may be made to the Lands Tribunal to discharge or modify a restrictive covenant in certain cases. Covenants in Section 106 planning obligations are enforceable by the local planning authority for whose benefit they were made regardless of whether they are in positive or negative form, provided they comply with Section 106 of the Town and Country Planning Act 1990, but the party bound by the obligation has a right after 5 years to apply to the authority for the discharge or modification of a covenant if it has ceased to serve a useful purpose, and can appeal to the Secretary of State if the authority refuses.

Designated premises supervisor – He must hold a personal licence. His (or her) name must appear on the premises licence. He will be the person responsible for managing the licensed premises. He has various notification duties under the Licensing Act 2003.

Development - Defined by Section 55, Town and Country Planning Act 1990 as (a) the carrying out of building, engineering, mining, or other operations ("operational development"), or (b) the making of any material change in the use of any buildings or other land. Not all operations are development. For example, Section 55 provides that works that affect only the interior of a building or do not materially affect the exterior do not constitute development. Hence the sub-division of a building will not count as development if it does not involve any significant external works (but, as a special statutory exception, the sub-division of a dwelling into separate flats does require planning permission). For a change in the use of premises to amount to development there must be a "material change of use" i.e. one that is significant in planning terms. A mere intensification, for example an increase in the number of caravans stored at a caravan site, would not be a material change of use. Where a building used for non-residential purposes has been sub-divided, the use of the sub-units for businesses of similar type will not amount to a material change of use. Changes of use of retail, business, and other types of premises are expressly deemed not to constitute development if they fall within the same use class.

Development Plan - A general term used in planning legislation to cover various types of plan, including a structure plan or local plan or unitary development plan, which are promoted by local planning authorities and set out planning policies and proposals for a particular area in order to provide a framework for the promotion and control of new development and the preservation of existing amenities, and for other purposes. Such plans, and modifications to them, must be subject to a public consultation exercise and to examination at a public inquiry before they can be adopted, but once adopted they form the main planning tool for, amongst other things, determining planning applications.

Discontinuance order - An order made by a planning authority under the Town and Country Planning Act 1990 to require the removal of any buildings or works or the cessation of any use of land, in circumstances where planning permission was previously granted for the buildings, works or use, or where it is too late to take enforcement action in respect of an unauthorised development. The order must be confirmed by the Secretary of State. Compensation is payable, hence such Orders are rarely made.

Duty of care in relation to waste - Under Section 34 of the Environmental Protection Act 1990 anyone who imports, carries, keeps, treats or disposes of controlled waste, or a broker having control of such waste, must take all measures which are reasonable in the circumstances: (a) to prevent a contravention by any other person of Section 33 relating to the requirements for a waste management licence; (b) to prevent the escape of waste from his control or that of any other person; and (c) to secure that the waste is only transferred to an authorised person and includes a written description of the waste to enable the transferee to comply with (a) and (b). A breach of the duty of care is an offence punishable by a fine (current maximum £5,000 in the Magistrates Court or an unlimited fine in the Crown Court). The Government has issued a Code of Practice (revised in 1996) giving guidance on complying with the duty.

Enforcement action - Action taken by a planning authority in respect of a breach of planning control, i.e. where development has been carried out (a) without planning permission or (b) in breach of a condition of planning permission. Enforcement action can only be taken within a certain period following the breach of planning control; after this period the development is said to have acquired established use rights. Enforcement action may take the form of an enforcement notice which requires specified steps to be taken to remedy the breach of planning control and any injury to amenity caused by the breach, and/or in case (b) only, a breach of condition notice which requires compliance with the condition(s) which have been breached. There is a right of appeal to the Secretary of State against an enforcement notice, but no right of appeal against a breach of condition notice. Once a notice has taken effect any failure to comply is an offence which, in the case of an enforcement notice, carries a penalty of up to £20,000 in the Magistrates Court or an unlimited fine in the Crown Court; the planning authority may also carry out the steps required by the enforcement notice and recover its costs from the landowner. Where an activity is being carried out in breach of planning control an authority can, after serving an enforcement notice, serve a stop notice which requires the activity to be discontinued almost immediately; this avoids the delay inherent in an appeal against an enforcement notice, but the authority will be liable to pay compensation if it is subsequently found not to have had grounds for serving the enforcement notice. Planning Authorities can also apply to the Court for an injunction to restrain a breach of planning control.

Environmental statement - A document detailing any significant effects that a proposed development may have on the environment, including effects on human beings, flora and fauna, soil, water, air, climate and landscape. An environmental statement is required to be submitted under the Town and Country Planning (Environmental Impact Assessment) Regulations 1999 in respect of a planning application in two types of case: for major projects specified in Schedule 1 to those Regulations, such as oil refineries or power stations, when a statement is required in every case; and for a range of other projects specified in Schedule 2 if the planning authority determine that the project in question is likely to have significant effects on the environment by reason of factors such as its nature, size or location.

Established use rights - This term is used where development has been carried out without planning permission but has become immune from enforcement action because the planning authority have failed to act within the relevant time limit prescribed in the Town and Country Planning Act 1990. The current periods for taking enforcement action are 4 years from the completion of any building, engineering, mining or other operations and 10 years from the making of any material change of use of land (except the change of use of any building to a single dwelling, where the period is 4 years). Enforcement action must be taken in respect of a breach of a condition of planning permission within 10 years from the date of the contravention of the condition or the date when any steps required under the condition were due to be taken.

Hazardous substances consent - Different types and quantities of substances which are subject to control are specified in the Town and Country Planning (Hazardous Substances) Regulations 1992. The consent of the hazardous substances authority is required to the keeping of the prescribed amount of any such substance. Note that consent is necessary even though planning permission may not be required for the storage or for the use of the premises for which the substance is kept.

Highway - A way over which the public have a right to pass and repass. There are various types of highway, namely a footpath (where the right applies to persons on foot only); a bridleway (where the right applies additionally to horse-riders and persons leading horses or driving animals); and an all purpose highway (i.e. applying to all types of traffic). Highway status cannot be lost through disuse but may be taken away as a result a stopping up or diversion order. The use of a road may be restricted by a traffic regulation order.

Integrated pollution control - ("IPC" for short.) The regulation of prescribed industrial etc processes which give rise to the emission of polluting substances into the atmosphere, the ground or water, introduced by Part I of the Environmental Protection Act 1990. Existing processes which fall within the categories set out in regulations made under that Act must have prior authorisation from the Environment Agency. Local authorities have jurisdiction in the case of processes which are subject to the local authority air pollution control regime ("LAAPC"). The aim of regulation under the Act is to prevent or minimise emissions, and to render harmless substances which are released, by the use of the best available techniques not entailing excessive cost ("BATNEEC"). Various general guidance notes and guidance for specific types of process have been issued by the Government on the application of the BATNEEC test. The regime under Part I of the Environmental Protection Act is now being superseded by a new pollution prevention and control regime for IPC and LAAPC.

Interim Authorities – The licensing justices may grant an interim authority upon the application for a transfer of a Justices licence if the current holder of the licence has left the premises, has died or become ill or unable to carry out his duties etc. The interim authority is granted for a period of 28 days and confers on the applicant the same authority as that given in a Justices licence.

Judicial review - The inherent power of the High Court to review the decision of a public body which affects the rights of a citizen, on a point of law. The Court is concerned with the legitimacy of the process by which the decision was reached, not with the merits of the decision itself. The Court has a discretion to quash the decision and refer it back to the decision maker for redetermination, or to grant other relief, if it upholds the complaint, but if there has been no legal defect in the process the Court will not interfere with a decision merely because it might have decided the question differently. Except in the case of statutory review, the Court's permission must be obtained before an applicant can proceed with an application for judicial review, so that it can determine whether the decision maker has a prima facie case to answer. Application must be made promptly and in any case within three months from the date the grounds arose, subject to the Court's power to extend this period for some good reason. However, in practice the Courts are taking an increasingly strict view of the requirement to act promptly and have rejected applications made in less than three months where there has been an unnecessary delay, especially where the rights of a third party are affected (e.g. of the intending developer where a grant of planning permission is challenged.)

Justices Licence – Means a licence granted under the Licensing Act 1964 authorising the sale by retail of intoxicating liquor and also, in the case of a licence granted to a club for club premises, for its supply to members otherwise than by way of sale.

Lands Tribunal - A tribunal which is empowered to hear various types of property-related applications, including disputes regarding compensation for land which has been compulsorily acquired or applications for the discharge of restrictive covenants which impede proposals for the development of land, etc.

Line of Junction - This term refers to the line where lands of different owners adjoin, and are either (a) not built on, on that line or (b) there is only a boundary wall on the line, i.e. a wall which is not a party wall or party fence wall(Section 1 of the Party Wall etc Act 1996). An owner (“the building owner”) who wishes to build a party wall or party fence wall must serve one month's notice of his intention on the adjoining owner. If the adjoining owner does not consent, the building owner can only build on his side of the line of junction, but he does have a right for the projecting footings or foundations of a wall built on his side to encroach on his neighbour's land.

Listed building consent - Consent which is required to carry out works to a listed building (whether or not planning permission is required as well). Application is made to the local planning authority. A listed building is one that has been listed by Secretary of State, or in Wales by the National Assembly for Wales, under the provisions of the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990 as having special architectural or historic importance. Listed buildings are categorised as Grade I, Grade II* or Grade II depending on their importance. It is an offence for any person wilfully to demolish a listed building, or to carry out any alteration or extension to it in such a way as to affect its character, without listed building consent, punishable by a fine of up to £20,000 in the Magistrates Court or an unlimited fine or two years imprisonment in the Crown Court. The authority may also serve a Listed Building Enforcement Notice to require restorative works to be carried out. An authority can deal with a listed building which is being allowed to fall into disrepair by compulsorily acquiring the building if the owner fails to comply with a repairs notice previously served by it.

Local authority air pollution control - ("LAAPC" for short.) The regulation of prescribed industrial etc processes which give rise to the emission of polluting substances into the atmosphere, introduced in Part I of the Environmental Protection Act 1990. Existing processes which fall within the categories set out in regulations made under that Act must have prior authorisation from the responsible local authority. The aim of regulation is the same as that for integrated pollution control, and as in the case of that regime, the LAAPC regime under the 1990 Act is being superseded by a new pollution prevention and control regime.

Local Plan - Either (a) a district-wide plan promoted by a district council in a shire County (outside Greater London and the Metropolitan Counties) setting out detailed policies and proposals for the development of land and the control of development within the district, allocating areas for new housing, business, industrial and other development, and defining the boundaries of "green belt" areas which are intended to remain largely undeveloped etc.; or (b) a minerals local plan or a waste local plan promoted by a shire County Council which respectively set out the Council's policies for the winning and working of minerals and deposit of mineral waste, and for the deposit of refuse and non-mineral waste, within the County. Both types form part of the development plan for the area to which they apply.

Occasional Licences - These licences enable the licensee of a Justices on licence to sell intoxicating liquor at premises other than his own licensed premises. The licence is valid for a period of three weeks only and is usually sought for a specified occasion.

On Licence – A Justices licence authorising the sale of intoxicating liquor for consumption on or off the premises to which the licence relates.

Off Licence – A Justices licence authorising the sale of intoxicating liquor for consumption off the premises only. The licence may authorise the sale of intoxicating liquor of all descriptions or be limited to beer, cider and wine only.

Party wall - There are two alternative definitions in the Party Wall etc Act 1996: (a) a wall which forms part of a building and stands on land of another to a greater extent than the projection of any artificially formed support on which the wall rests, or (b) so much of a wall as separates buildings belonging to different owners. The usual example of (b) is a wall which divides terraced or semi-detached houses from each other. (Note that if the dividing wall continues beyond the houses, the part outside will not be a party wall under definition (b) although it could fall within (a).) Definition (a) deals with a situation where there is only a building on one side, but the wall overhangs the neighbouring land. This can sometimes be difficult to determine and is a job for a Surveyor to assess.

Party fence wall - This is defined in the Party Wall etc Act 1996 as a wall, not being part of a building (see the definition of party wall) which stands on lands of different owners, and is used or constructed to be used for separating those lands. However, where the wall is on one side and only the artificially formed support of the wall encroaches into neighbouring land, the wall will not be a party fence wall.

Party structure notice - Section 2 of the Act sets out various works that can be carried out by an owner (“building owner”) to a party wall or party fence wall etc, but Section 3 requires him to give two months' notice on the adjoining owner stating the nature and particulars of the work and other information. This is referred to as a party structure notice in the Act. The adjoining owner may within one month serve a counter notice specifying such chimney copings, breasts, jambs or flues that may reasonably be required for his convenience, or requirements in respect of any special foundations (i.e. formed by an assemblage of beams or rods) that the building owner has proposed. However, if the adjoining owner or the building owner does not give consent to the party structure notice or the counter notice, as the case may be, a dispute is deemed to have arisen. The Act sets out a procedure for the parties to appoint an agreed Surveyor to act jointly for them or to appoint separate Surveyors for each party; in the latter case, the Surveyors must then appoint a third Surveyor to settle the dispute if they cannot agree. This procedure also applies to other disputes under the Act. The building owner or the adjoining owner have 14 days in which to appeal to the County Court against an award issued by the original Surveyor(s) or the third Surveyor.

Permitted development rights - Under the Town and Country Planning (General Permitted Development) Order 1995 automatic planning permission is granted for certain types of development, thereby avoiding the expense and uncertainty involved in making a planning application. The categories of development are listed in Schedule 2 to the Order. Permitted development rights are only granted if the limitations and conditions applicable to the particular development are complied with. For example permitted development rights are granted for the erection of a boundary wall or fence or other means of enclosure, provided that the structure will not exceed 1 metre if it is adjacent to a highway used by vehicular traffic or 2 metres in any other case. A local planning authority can take away permitted development rights in any particular case or in respect of a class of development specified Schedule 2 by making a direction (which must be confirmed by the Secretary of State) under Article 4 of the Order. It can also restrict permitted development rights by a condition of planning permission.

Personal Licence - Every sale of alcoholic liquor must be made or authorised by the holder of a personal licence. The holder may or may not be a designated premises supervisor. There may be any number of personal licence holders in an establishment. A personal licence must be granted by the licensing authority if the applicant is over 18, possesses a relevant licensing qualification, has not had a licence forfeited in the last five years and has no convictions for relevant offences. A personal licence is granted for a period of ten years, although there is provision for it to be suspended or revoked.

Planning application - An application made to a local planning authority for planning permission for development. Application may either be made for full permission or (in the case of proposed building(s)) for outline permission (see under planning permission). In the latter case the applicant can chose which matters he wishes to reserve for future approval subject to the authority's right to call for detailed information if this is necessary to enable it to decide whether the development will be acceptable in principle. In the case of applications for certain (generally major) projects an environmental statement may be required. The local planning authority must publicise the application and carry out certain consultations before determining the application. The application must be determined in accordance with the provisions of the development plan unless other factors ("material considerations") such as proposed policy changes or exceptional circumstances indicate otherwise. Conditions may be included in a planning permission and all permissions must contain a time limitation condition: the standard time condition requires the development to be begun within five years of the date of planning permission or within two years of the approval of reserved matters, if later; application(s) for approval of reserved matters must be made within three years. There is a right of appeal to the Secretary of State against the refusal of a planning application or the conditions imposed in a planning permission.

Planning permission - Permission under Part III of the Town and Country Planning Act 1990 for the carrying out of development. Subject to certain exceptions, for example, where the development has the benefit of permitted development rights, planning permission is required for all development (but note that not all works or changes of use constitute development - see the definition of development). Permission may take the form of an outline or a full permission. Under an outline planning permission the principle of a particular development proposal is approved, e.g. residential or industrial, but one or more of the details of the development, known as "reserved matters", are left for later approval. This reduces the expense of preparing detailed plans where a developer is unsure whether the type of development he proposes will be acceptable. The reserved matters relate to the details of siting, design, external appearance, means of access, and landscaping of the site. A full permission includes the approval of all these matters. In either case, however, the permission can include conditions requiring other matters to be approved before the development commences.

Point of law - An issue which concerns the legal propriety of a decision but not its merits. There are three main types of cases where a point of law may arise: (a) where it is alleged that the decision-maker acted illegally (beyond his powers); (b) where there was some procedural impropriety in the way the decision was reached (for example a failure to follow proper consultation procedures or the denial of a fair hearing); and (c) where the decision-maker is accused of acting irrationally (e.g. by taking account of irrelevant considerations or improperly ignoring relevant matters - this is sometimes referred to as "Wednesbury unreasonableness" after a case involving the former Wednesbury Corporation).

Pollution prevention and control - A new regime for integrated pollution control ("IPC") and local authority air pollution control ("LAAPC") introduced by the Pollution Prevention an Control Act 1999 to replace the regimes under Part I of the Environmental Protection Act 1990 in relation to activities which give rise to polluting emissions to the atmosphere, land or water (IPC) or to the atmosphere only (LAAPC). The regulatory framework is contained in the Pollution Prevention and Control (England and Wales) Regulations 2000. It applies to any new installations or mobile plant, and is being applied progressively in relation to existing installations and mobile plant. Activities are classified as Part A1 (regulated by the Environment Agency), and Parts A2 and B (regulated by local authorities). Installations and mobile plant used for activities specified in Parts A1 and A2 are subject to full IPC control, and those in Part B to LAAPC control. A permit is required under the Regulations and will only be granted to operators who are judged to be fit and proper persons and subject to a condition (amongst other conditions) that the operator will use the best available techniques ("BAT") for preventing, or where that is not practicable, reducing emissions from the installation or plant.

Premises Licence – A premises licence will authorise the holder to use premises for the sale of alcohol, provision of entertainment including music and dancing etc., and/or late night refreshment. Applications for premises licences must include operating schedules, detailing the style and character of the establishment, the type of entertainment and licensable activities and the steps proposed to ensure the protection of children, etc. The application form, operating schedule, fee, plan of the premises and details of the DPS must be submitted to the licensing authority. It will be necessary to advertise the application and to serve notice on each responsible authority, including the Police and Fire Services, Environmental Health, and Child Welfare authority. If no objections are received to the application, the licensing Authority will grant the licence in accordance with the conditions included in the operating schedule. There is provision for other conditions to be imposed, e.g. in relation to door supervisors.

Prescription - This term describes the process of acquiring rights over land through the passage of time. Where for example a path over land (“the servient tenement”) has been enjoyed by the owners of an adjoining property (“the dominant tenement”) and/or their predecessors for a period of twenty years a legal right of way may be established. The right must have been exercised without interruption throughout the period; it must have exercised openly, and not by stealth or force, nor by the permission of the landowner of the servient tenement.

Protection Order – A person who intends to apply to the licensing justices for a transfer of the Justices licence will normally need to apply for a protection order. The order confers on him the same authority as a Justices licence and the order continues in force until the conclusion of the second licensing session after it was granted. During this time, it is usual for the police to monitor the applicant. Following a monitoring period, and subject to satisfactory reports and the obtaining of necessary licensing qualifications, the applicant is granted a transfer of the Justices licence.

Purchase notice - A notice served by a landowner under the provisions of the Town and Country Planning Act 1990 requiring the local planning authority to purchase land which he claims has become incapable of reasonably beneficial use as a result of the refusal of planning permission or the conditions imposed in a planning permission, or as a result of a discontinuance order or a revocation order. If the authority declines to accept the notice, it must be referred to the Secretary of State for confirmation.

Remediation notice - A notice served by a local authority or, in certain cases the Environment Agency, under the provisions of Part IIA, Environment Protection Act 1990 in respect of contaminated land. The notice is served on "the appropriate person" (i.e. the person who caused or knowingly permitted the contamination, or where he cannot be found the current owner or occupier) and may require him to carry out works to assess the condition of the land; works of remediation; and subsequent inspections. The appropriate person must be consulted before the notice is served and has a right of appeal to the Magistrates Court (the Secretary of State in the case of a notice served by the Environment Agency). Failure to comply with a notice is an offence carrying a maximum penalty of £20,000, plus a daily fine of £2,000 for each day the offence continues after conviction, in the case of industrial, trade or business premises, and £5,000 (daily £500) in the case of other land. The authority may also carry out the works in default and recover its costs from the appropriate person.

Registered land - Prior to the Land Registration Act 1925 when an owner of land wanted to sell or mortgage his land he had to prove he had a good “root of title” to the land by producing deeds or other documents showing dealings in the land, leading to the conveyance of the land to him, over a defined number of years. The 1925 Act replaced this sometimes cumbersome process with a system whereby details of the property and any rights attaching to the land or burdens to which it is subject, together with proprietorship details and interests of third parties in the land, are recorded in a central register. Thus the Land Registry proves the owner's title to registered land, and the register is updated whenever a sale takes place or certain interests such as mortgages are created. However, it has proved to be a very slow task to get all land in the country included on the register, and this has still not been achieved; in part because it did not become compulsory to apply for registration of transactions in land outside urban areas until recent times. Thus the old system of having to show a good root of title has continued in respect of land that has not yet been registered.

Restrictive covenants - Covenants can be of many different kinds, but in relation to land they are either position or negative in nature. Thus a covenant by an owner to build or maintain a wall is positive because it requires the expenditure of money. Conversely a covenant which prohibits something, e.g. says that the owner may not build an additional house in the grounds or may not use the land for commercial purposes, is negative, and such covenants are referred to as restrictive covenants. The distinction is important because in general only restrictive covenants can “run with the land”; that is, successive owners of the land can continue to be subject to the burden of the covenant, and successors of the land which was originally intended to benefit from the covenant can enforce it.

Revocation order - An order made by a planning authority to revoke planning permission in a case where the permission has not been implemented. A modification order may alternatively be made to amend the planning permission, e.g. to reduce the extent of the development permitted thereunder. The order must be confirmed by the Secretary of State. Compensation is payable for abortive expenditure incurred by a person with an interest in the land in applying for planning permission and for the resulting depreciation in the value of the land. The power is rarely exercised but an order has been by the Secretary of State in a case where a local planning authority granted planning permission in defiance of Government policy - the authority was liable to pay the compensation.

Section 38 Highways Act agreement - An agreement between a landowner (often with a developer) and a highways authority (including the Highways Agency acting for the Secretary of State in respect of motorways and trunk roads) under which the authority agrees to adopt roads as highways maintainable at the public expense, usually after a twelve months "maintenance period" following completion. Most agreements concern new roads, and will often be combined with a Section 278 Highways Act agreement if works to an existing highway are involved.

Section 104 Water Industry Act agreement - An agreement between a landowner or developer with a sewerage authority (or the local authority acting as its agent) under which the authority agrees to adopt drains as public sewers, usually after a twelve months "maintenance period" following completion.

Section 106 planning obligation - An agreement under Section 106 of the Town and Country Planning Act 1990 entered into by the owner of land with the planning authority, or presented to the authority as a "unilateral undertaking" entered into by the landowner only, which contains obligations binding on the landowner and his successors. The obligation may restrict the development or use of the land; require certain operations or activities to be carried out or the land to be used in any other specified way; or require sums of money to be paid to the local authority. There are many examples of Section 106 obligations ranging from undertakings by developers to reserve part of an estate for open space or to provide low-cost housing on part of a residential development; to carry out off-site highway or drainage improvements; or pay contributions to the cost of works or services provided by the authority. Where financial contributions are provided for they must be payable to the planning authority. Thus some "bus subsidy agreements" whereby developers of out-of-town retail developments undertake to reimburse a passenger transport executive or bus operator for the provision of extra bus services are strictly speaking outside the terms of Section 106 and may be unenforceable under that section.

Section 278 Highways Act agreement - An agreement between a developer and a highways authority (including the Highways Agency acting for the Secretary of State in respect of motorways and trunk roads) under which the authority agrees to execute works in an existing highway which are required by the developer, e.g. the construction of a traffic island or modifications to enable a new road to be connected, provided it is satisfied that the agreement will be of benefit to the public. In the absence of agreement, interference with the highway by the developer would be unlawful. The works must be carried out at the developer's expense but in practice the developer is often authorised to carry out the works himself. Frequently such agreements form part of a Section 38 Highways Act agreement for the adoption of new roads.

Sewer requisition - A notice served under the Water Industry Act 1991 to require a sewerage undertaker to provide a public sewer for drainage for domestic purposes. This is useful for a developer wishing to develop land which has no direct connection to the public sewer where he has been unable to negotiate terms with the intervening landowner(s). The requisitioner must comply with the financial conditions imposed by the undertaker, which will provide for reimbursement of its costs including any compensation payable to adjoining owners for loss or damage to their land. See also connection notice in the case of a requirement to connect to a main water supply.

Special Hours Certificate – May be granted to the holder of a Justices licence who also holds a licence for music and dancing (entertainment licence). The certificate enables the extension of the permitted hours every weekday, or on particular weekdays until 2am or 12.30am on Sundays.

Special waste - Certain types of controlled waste, other than household waste, which are subject to the Special Waste Regulations 1996. These comprise mainly the categories of waste listed in Schedule 2 to the Regulations (reproducing the European hazardous wastes list) and which are explosive, highly flammable, toxic, infectious, or have other hazardous properties.

Statutory nuisance - A type of nuisance defined in Section 79 of the Environmental Protection Act 1990 (and to be distinguished from common law or public nuisances). Statutory nuisances include any of the following matters which are in such a state as to be prejudicial to health or a nuisance, or give rise to either of those effects: premises which are in that state; smoke, fumes or gases emitted from premises; dust, steam, smell or other effluvia arising on industrial, trade or business premises; an accumulation or deposit, an animal kept in such a state; and noise from premises or from a vehicle, machinery or plant in a street. The local authority is under a duty to serve an abatement notice if it is satisfied that a statutory nuisance exists. If it declines to do so, a person aggrieved by the statutory nuisance may apply directly to a magistrates court for an order against the person responsible.

Statutory review - Review by the High Court, analogous to judicial review, of a decision by a public body on a point of law where a statute confers a right of appeal (e.g. under the Town and Country Planning Act 1990 against certain decisions of the Secretary of State). In such cases it is generally not necessary for the Court to grant permission to bring the action.

Stopping up or diversion order - Statutory authority is needed before a highway may be closed. Where this is necessary in order to enable development for which planning permission has been granted to proceed, application may be made to the Secretary of State, or (in the case of a footpath or bridleway) the local authority, for an order under the Town and Country Planning Act 1990. The order may either provide for stopping up, i.e. the permanent closure of the relevant section of highway without an alternative being provided, or for the diversion of the highway onto a new route. Additional powers are contained in the Highways Act 1980. For example an order may be made by a Magistrates Court on the application of the highway authority (acting either at the authority's own volition or at the request of a third party) where a highway is unnecessary or can be diverted to make it nearer or more commodious to the public. A local authority may make an order to extinguish a footpath or bridleway on the ground that it is not needed for public use; or a public path diversion order for the diversion of a footpath or bridleway in the interests of the owner, lessee or occupier of the land if the new path would be substantially as convenient to the public. The authority's order must be publicised in either case, and if there are objections it must be confirmed by the Secretary of State. A person whose interest in land is depreciated by a public path diversion order can claim compensation.

Street works licence - A licence granted by a street works authority under Part III of the New Roads and Street Works Act 1991 permitting a person to place apparatus in a street, either temporarily or permanently and to break open the street for that purpose or for subsequent maintenance or repair etc. Conditions may be imposed for reasons of safety, minimisation of inconvenience to the public, and for the protection of the street and any existing apparatus therein.

Structure Plan - A plan promoted by a shire County Council (i.e. outside Greater London and the Metropolitan Counties) to provide the strategic policy framework for planning within the county. It comprises a written statement setting out policies and general proposals e.g. on economic, housing, educational etc needs, management of traffic, improvement of the physical environment and conservation of natural beauty and amenity. The detailed implementation of those policies is left to the local plan which must be prepared by each district council within the county. Thus the Structure Plan may for example indicate anticipated housing needs during the period of the plan and how any additional requirements are to be apportioned between the districts and in which general locations (as indicated in a "key diagram"), but the boundaries of the land to be released for new housing will be defined in the local plan. The structure plan and the relevant local plans comprise the development plan for the areas to which they apply.

Traffic regulation order - An order made by a traffic authority under the Road Traffic Regulation Act 1984 for prohibiting, restricting or regulating the use of a public road by vehicular traffic; for example, the imposition of parking and waiting restrictions, one-way systems, or the exclusion of specified types of traffic. An order may only be made (a) preventing access to pedestrians or (b) limiting access for vehicles to adjoining premises for more than 8 hours per day, in limited circumstances, e.g. to avoid danger to others or damage to the road or buildings near it. Notice of the proposed order must be publicised giving a period for objections to be made. Subject to certain cases where the Secretary of State's consent is required (such as (b) above where an adjoining owner or occupier objects) it is the authority itself which decides to make the order after considering all objections which have been duly made and, in certain cases where a public inquiry is required to be held, considering the report of the Inspector who held the inquiry. The fact that the authority is both "judge and jury" can make it difficult to oppose an order successfully, and is possibly challengeable under the Human Rights Act 1998. If the authority decides to go ahead with the order it must publish a further notice of the making of the order and notify objectors. This triggers a right to appeal to the High Court against the order on a point of law but the merits of the decision cannot be challenged.

Transport and Works Act order - Prior to the Transport and Works Act 1992, authority to construct railways and other major public transport schemes had to be obtained by promoting a private Act in Parliament. This often slow and cumbersome process is now unnecessary in the case of schemes to provide a railway, tramway or trolley vehicle system, and (by orders of the Secretary of State) for certain guided transport systems, inland waterway projects and works interfering with navigation. Instead, a draft order is submitted to the Secretary of State under the 1992 Act to authorise the scheme and confer powers of compulsory purchase of the land required. The draft order must be advertised and notices served on affected owners. Objections will usually be considered at a public inquiry. In the case of schemes of national importance the draft order is laid before Parliament which may veto its further progress. If the Secretary of State decides to make the order he may at the same time grant planning permission for the scheme. He will also deal with any application for listed building consent that may be necessary, and can grant hazardous substances consent for any proposed storage of hazardous substances. Transport and Works Act orders incorporate the compulsory purchase statutes and apply the compensation rules, subject to appropriate modifications. There is a right under the 1992 Act to challenge the validity of the order in the High Court on a point of law, but not on its merits.

Tree preservation order - "TPO" for short. This is an order made by the local planning authority to protect individual trees or groups of trees or woodlands in the interest of amenity. The Order prohibits cutting down, topping, lopping, uprooting or wilful damage to a protected tree, without the consent of the authority, but may contain exemptions, for example, for cultivated fruit trees, and cannot prevent a tree which is dead or dangerous from being cut down. Notice of the making of a TPO must be given to the owner, and any representations which are made by him within a specified period must be taken into account before the authority confirms the Order (although the authority can direct that the Order is to have immediate effect if it thinks that a tree is at risk of pre-emptive destruction). Breach of a TPO is an offence which carries a maximum penalty of £20,000 in the Magistrates Court or an unlimited fine in the Crown Court. In fixing the penalty the Court must have regard to any financial benefit likely to accrue to the defendant by committing the offence. The local planning authority may serve a Tree Preservation Enforcement Notice on an owner requiring a tree which has been felled in breach of a TPO to be replaced by a similar tree.

Unitary Development Plan - Often shortened to "UDP". A plan promoted by a London or Metropolitan or unitary authority which forms the development plan for that area. It is in two parts: Part I is a statement of general policy for the development of the area (analogous to a structure plan); Part II is analogous to a local plan in that it sets out the authority's detailed policies and proposals for the development of land, and includes a map to indicate areas allocated for different types of development, such as industry and housing, and the boundaries of "green belt" areas which are intended to remain largely undeveloped.

Use class - The Town and Country Planning (Use Classes) Order 1995 deems that certain changes in the use of premises which fall within the same class listed in the Schedule to the Order do not constitute development; it follows that planning permission is not normally required. For example, Class A1 applies to retail premises: a change from one type of shop to another does not constitute development (subject to exceptions in the case of a change to an amusement arcade, car showroom, petrol filling station, or laundrette) and can be made without the need to make a planning application. Class A2 applies to premises used for financial, professional and other types of "High Street" service provided to visiting members of the public; thus a change from, say, a citizens advice bureau to an estate agents does not constitute development. Class A3 applies to restaurants and hot food take-aways. Other use classes are: Class B1 (office, research and development, and light industrial use); B2 (general industrial use); B8 (storage and distribution use); C1 (hotels and guest houses), C2 (residential institutions such as hospitals, nursing homes and residential colleges); C3 (dwelling-houses occupied by a family or up to six unrelated persons living as a single household); D1 (non-residential institutions such as health centres, nurseries, educational or religious buildings, libraries and museums); and D2 (places of assembly and leisure, including cinemas, dance, concert or bingo halls, casinos, swimming baths and sports halls). Rights under this Order can be restricted by a condition of planning permission. The Town and Country Planning (General Permitted Development) Order 1995 grants permitted development rights to change between certain use classes. For example it permits a change from a use within Classes A2 or A3 to one within Class A1, but note that this is not allowed in reverse. Thus planning permission would not be required to change a fish and chip shop (Class A3) to a newsagents (Class A1), but it would be needed to change the newsagents back to a fish and chip shop.

Waste - Any substance which the holder (i.e. the person who produced the waste or who is otherwise in possession of it) discards or intends to discard, and which falls within one of the categories in Schedule 2B to the Environmental Protection Act 1990. These categories follow those set out in the European "Waste Framework" Directive, as amended, and any waste which is excluded from the definition of "directive waste" under that Directive is automatically excluded from the definition of waste in this country. See further under controlled waste.

Waste land notice - A colloquial term for a notice served by a local planning authority under Section 215 of the Town and Country Planning Act 1990 to require an owner to take specified steps to remedy the condition of any land which is in such a condition as to adversely affect the area of the authority or any adjoining area. The owner can appeal to the Magistrates Court on various grounds, one of which is that the condition of the land results in the ordinary course of carrying on a lawful use of the land - this ground prevents the authority from dealing with complaints of untidy land in many cases. Breach of a notice is an offence for which the owner can be fined in the Magistrates Court. The authority can go on to the land and take the steps required by the notice and recover its reasonable expenses from the owner if he fails to comply with the notice.

Waste management licence - A licence granted by the Environment Agency under Part II of the Environmental Protection Act 1990 in accordance with the Waste Management Licensing Regulations 1994 for the treatment, keeping or disposal of controlled waste on land or by means of mobile plant. Failure to obtain a licence or the breach of licence conditions is an offence carrying a maximum penalty of £20,000 and/or six months imprisonment on conviction in the Magistrates Court or an unlimited fine and/or two years imprisonment in the Crown Court. There are additional requirements for maintaining records and providing consignment notes in the case of special waste, and offences where such waste is involved carry a maximum five year prison term in the Crown Court. An applicant for waste management licence must be the occupier of the land or the operator of the plant, as the case may be, and the Agency must be satisfied that he is a fit and proper person to hold a licence. A licence may not be issued if planning permission has not been obtained, if required, for the activity. Apart from these matters, an application may only be rejected if the Agency considers this is necessary to prevent pollution of the environment, harm to human health, or (in a case where there is no planning permission in force, i.e. where such permission is not required) serious detriment to the amenities of the locality. A licence may be suspended or revoked on certain grounds. A licence relating to land (but not mobile plant) may only be surrendered by application to the Environment Agency; and before accepting the surrender the Agency must be satisfied that the condition of the land (whether or not resulting from the licensed activities) is not likely to cause pollution or harm to human health. There is a right of appeal to the Secretary of State against the refusal of an application for a waste management licence or the conditions imposed in a licence, and against an authority's decision to refuse to permit a variation of the licence, or to suspend, revoke or refuse to accept the surrender of a licence.

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