RE:- Planning Permission by Parliament and not the Local Authority Town and Country Planning (Use Classes) Order (As amended) SI 1995 no 297 and Watson V Winch {1916)

The request was partially successful.

Ismail Abdulhai Bhamjee

Dear Department for Communities and Local Government,

I, Ismail Abdulhai Bhamjee do hereby make a request that:-

1) Can you disclose the Planning Permission granted by Parliament since I believe that the Statutory Instrument 1995 No 297 Class B1, B2 is a Permission granted by the Minister of the Crown where the Floor Space does not Exceed more than 235 Square Meters Floor Space.

2) You do have the decision made under Watson Versus Winch (1916) 1KB668 Since the case has been cited in the House of Lords Judgment.

3) When any Person who is appealing to the Valuation Tribunal with regards to the Council Tax Reduction, There is no Provision for Costs for Litigants in Person under the Litigants in Person Act 1975. Is the Secretary of State for Communities and Local Government responsible for the Valuation Tribunal or it is the Lord Chancellor Secretary of State for Ministry of Justice. If this request doesn't fall under your department than please forward to the appropriate authority.

4. How many Appeals have been allowed under Section 73A of the TCPA 1990 (As inserted by the Planning and Compensation Act 1991)

5) The General Permitted Development Order 2015 No 596 Part 18. Miscellaneous Development Class A- Development under Local or Private Acts or Order

Permitted Development
A Development authorised by-
(a) A Local or Private Act of Parliament,

(b) an Order approved by both house of Parliament, or

6) Parking Permit for Motor Vehicles who are carrying out General Permitted Development Orders in London Borough Council Areas. Promotion of Economic Development

Yours faithfully,

Ismail Abdulhai Bhamjee

Despatch Box,

                            
Our reference: 3548965             Information request

══════════════════════════════════════════════════════════════════════════

 
Dear Mr Bhamjee
 
Environmental Information Regulations 2004
 
Thank you for contacting us on 8 November 2017.
 
I will not be able to provide the information you need until your request
has been clarified. Please let me know by 09/02/2018.
 
I am writing to ask you to clarify your request. This is because we are
not certain that we have fully understood exactly what information you are
seeking. Therefore I should be grateful if you would set out clearly,
exactly what information you require from the Department with specific to
and from dates.

Please note that requests under the Freedom of Information Act 2000 or the
Environmental Information Regulations 2004 only cover recorded information
held by the Department. We also require dates for the information being
sought.

 In the meantime, in order to assist you, there is some information on use
classes published at:

[1]https://www.planningportal.co.uk/info/20...

Details of some Recovered Appeals can be found at:

[2]https://www.gov.uk/government/collection...

Further detail on appeals can be viewed on the Planning Inspectorates
website:

[3]https://www.gov.uk/government/organisati...

Yours sincerely

 

Knowledge & Information Access Team

 

 
 
 
 
 
 
NOTE: Please do not edit the subject line when replying to this email.

References

Visible links
1. https://www.planningportal.co.uk/info/20...
2. https://www.gov.uk/government/collection...
3. https://www.gov.uk/government/organisati...

Ismail Abdulhai Bhamjee

Dear Despatch Box,

I, Ismail Bhamjee refer to your response to my request and say as follows:-

1) You do have the decision R V Environment Secretary, Ex-Parte Spath Holme Ltd (HL) (E) (2001) 2 AC which was an Appeal from the Court of Appeal.
On Page 352 (2001) 2 AC
The Following additional cases were cited in arguments in the Court of Appeal:

Watson V Winch [1916] 1 KB 688, DC.
I request that you provide me with a copy of the List of Authority I have requested whilst there are many other List of Authorities which are mentioned.

2) You do have Section 32 of the Town and Country Planning Act 1971.
Permission to retain Buildings or works or continue use of Land.
(1) An Application for Planning Permission may relate to buildings or works constructed or carried out, or use of Land instituted, before the date of the application, whether-
(a) The Buildings or works were constructed or carried out, or the use of instituted, without planning permission or in accordance with the planning permission granted for a limited period.

(3) Any Planning Permission granted in accordance with subsection (2) of this section may be granted so as to take effect from the date on which the buildings or works were constructed or carried out, or the use was instituted, or (in the case of buildings or works constructed or a use was instituted in accordance with planning permission granted for a limited period) so as to take effect from the end of that period, as the case may be.

3) You do have Section 73A of the TCPA 1990 (As inserted by the Planning and Compensation Act 1991)

I have not been able to access the decisions before the Planning Inspectorate Appeals Web Site, since they require the Appeal Number, and Address and Post Code.

4) Planning Permission granted by the Parliament and not the Local Authority.
You do have the Statutory Instrument 1987 No 765.
Town and Country Planning England and Wales.
Town and Country Planning General Development (Amendment) (No 2) Order 1987
Made 28th April 1987
Laid before Parliament 6th May 1987
Coming into force 1st June 1987.

Schedule Class III- Changes of Use
1......

2. Development consisting of a change of use of a building-
(a) to a use for any purpose falling within Class B1 (business) of the Schedule to that Order from any use falling within class B2 (General Industrial) or B8 (Storage and Distribution) of that schedule.

5. You do have the General Permitted Development Order 2015 No 596.
This is Planning Permission granted by the Parliament and not the Local Authority.
This Permitted Development Order does has a repeal Schedule which does repeal many other Development Orders.
Part 18 of the 2015 no 596 Order:
Permitted Development Order A Development authorized by- (a) A Local or Private Act of Parliament (b) an Order approved by both House of Parliament, or

6. You do have The London Local Authorities and Transport Act 2003 Section 16.
Since Parking Permits for Motor Vehicles who are carrying out General Permitted Development Order work and Promotion of Economic Development in the London Borough Council Areas-

7. Appeal to the Valuation Tribunal Service in the England and Wales:
The Rules were made by the Secretary of State for Communities and Local Government.
The Rules doesn't allow the Valuation Tribunal to make an Award for Costs for Litigants in Person under the Litigants in Person Act 1975.
The Council Tax (Administration and Enforcement) (Amendment) (No 2) (England) Regulation 2012
Made 11th December 2012
Laid before Parliament 18th December 2012
Coming into force in accordance with regulation 1 (1)

(2) These regulations apply in Relation to England only.

"Discount" means a discount under Section 11 or Section 11A of the Act, or a reduction in the amount of Council Tax payable for a dwelling under Section 13A (1) (a) or 13A (1) (C) where-
(a) a scheme under Section 13A (2) of the Act provides; or
(b) the Billing authority has determined under Section 13A (7) of the Act that liability shall be reduced otherwise than to nill.

Signed by authority of the Secretary of State for Communities and Local Government
Brandon Lewis
Parliamentary Under Secretary of State
Department for Communities and Local Government.

Yours sincerely,

Ismail Abdulhai Bhamjee

Ismail Abdulhai Bhamjee

Dear Despatch Box,

I, Ismail Bhamjee refer to your response that I should clasify my request and say as follows:-

1) You do have the decision R V Environment Secretary, Ex-Parte Spath Holme Ltd (HL) (E) (2001) 2 AC which was an Appeal from the Court of Appeal.
On Page 352 (2001) 2 AC
The Following additional cases were cited in arguments in the Court of Appeal:

Watson V Winch [1916] 1 KB 688, DC.
I request that you provide me with a copy of the List of Authority I have requested whilst there are many other List of Authorities which are mentioned.

2) You do have Section 32 of the Town and Country Planning Act 1971.
Permission to retain Buildings or works or continue use of Land.
(1) An Application for Planning Permission may relate to buildings or works constructed or carried out, or use of Land instituted, before the date of the application, whether-
(a) The Buildings or works were constructed or carried out, or the use of instituted, without planning permission or in accordance with the planning permission granted for a limited period.

(3) Any Planning Permission granted in accordance with subsection (2) of this section may be granted so as to take effect from the date on which the buildings or works were constructed or carried out, or the use was instituted, or (in the case of buildings or works constructed or a use was instituted in accordance with planning permission granted for a limited period) so as to take effect from the end of that period, as the case may be.

3) You do have Section 73A of the TCPA 1990 (As inserted by the Planning and Compensation Act 1991)

I have not been able to access the decisions before the Planning Inspectorate Appeals Web Site, since they require the Appeal Number, and Address and Post Code.

4) Planning Permission granted by the Parliament and not the Local Authority.
You do have the Statutory Instrument 1987 No 765.
Town and Country Planning England and Wales.
Town and Country Planning General Development (Amendment) (No 2) Order 1987
Made 28th April 1987
Laid before Parliament 6th May 1987
Coming into force 1st June 1987.

Schedule Class III- Changes of Use
1......

2. Development consisting of a change of use of a building-
(a) to a use for any purpose falling within Class B1 (business) of the Schedule to that Order from any use falling within class B2 (General Industrial) or B8 (Storage and Distribution) of that schedule.

5. You do have the General Permitted Development Order 2015 No 596.
This is Planning Permission granted by the Parliament and not the Local Authority.
This Permitted Development Order does has a repeal Schedule which does repeal many other Development Orders.
Part 18 of the 2015 no 596 Order:
Permitted Development Order A Development authorized by- (a) A Local or Private Act of Parliament (b) an Order approved by both House of Parliament, or

6. You do have The London Local Authorities and Transport Act 2003 Section 16.
Since Parking Permits for Motor Vehicles who are carrying out General Permitted Development Order work and Promotion of Economic Development in the London Borough Council Areas-

7. Appeal to the Valuation Tribunal Service in the England and Wales:
The Rules were made by the Secretary of State for Communities and Local Government.
The Rules doesn't allow the Valuation Tribunal to make an Award for Costs for Litigants in Person under the Litigants in Person Act 1975.
The Council Tax (Administration and Enforcement) (Amendment) (No 2) (England) Regulation 2012
Made 11th December 2012
Laid before Parliament 18th December 2012
Coming into force in accordance with regulation 1 (1)

(2) These regulations apply in Relation to England only.

"Discount" means a discount under Section 11 or Section 11A of the Act, or a reduction in the amount of Council Tax payable for a dwelling under Section 13A (1) (a) or 13A (1) (C) where-
(a) a scheme under Section 13A (2) of the Act provides; or
(b) the Billing authority has determined under Section 13A (7) of the Act that liability shall be reduced otherwise than to nill.

Signed by authority of the Secretary of State for Communities and Local Government
Brandon Lewis
Parliamentary Under Secretary of State
Department for Communities and Local Government.

Yours sincerely,

Ismail Abdulhai Bhamjee

Despatch Box,

1 Attachment

                            
Our reference: 3548965             Information request

══════════════════════════════════════════════════════════════════════════

 
Dear Mr Bhamjee
 
Thank you for your request for information from DCLG. 
 
I have attached my formal response.
 

Knowledge and Information Access Team
Department for Communities and Local Government

 
NOTE: Please do not edit the subject line when replying to this email.