CLA38 - A Guide to the Planning System in England and Wales

The introduction of the Planning & Compulsory Purchase Act 2004 (the 2004 Act), in September 2004, is making the greatest changes to the planning system since the Planning and Compensation Act 1991, or even the Town & Country Planning Act 1968.

Through the 2004 Act the Government intends that the new planning system will be simpler, shorter and more transparent than before. It is also intended that there should be much greater community involvement in policy development especially at a local level. In fact the new planning system remains quite complex for all involved in development of any kind.

There are changes at regional level with the incorporation of regional planning - Regional Spatial Strategies - into the statutory Development Plan, and major changes at local level with the abolition of Structure Plans, and the introduction of Local Development Frameworks which replace the old-style Local Plans.

The 2004 Act is, thus, introducing fundamental changes to the Development Plan system and this new CLA advisory handbook aims to set out an explanation of these fundamental changes together with pointers as to when CLA members can influence the new planning system.

To order this handbook:

telephone the CLA Publications Department on 020 7235 0511 – please have your membership and credit card numbers to hand;

write to the CLA Publications Department, 16 Belgrave Square, London, SW1X 8PQ enclosing cheque/postal orders made payable to CLA.

Price for members: £22 - Price for non-members: £29

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The Advisory Services are made available to members on the basis that members' rights to compensation and the liability (if any) of CLA and its officers and/or its staff advisers, are restricted in the following ways. In the event of any advice given by any CLA staff adviser being given negligently or otherwise being incorrect no liability whatsoever is accepted by the CLA or its officers or by its staff advisers concerned

(a) towards any person who is not the current CLA member to whom the advice was directly given,

(b) to any person in the respect of consequential loss or loss of profits, or

(c) to any person for any sum exceeding £50,000 in respect of any one enquiry (whether made or responded to orally or in writing and whether dealt with at one time or over a period of time).

Any person making use of the Advisory Services accepts such restrictions. Members should refer to appropriate professional advisers in private practice before taking any particular course of action potentially or actually involving any substantial amounts of money.

Please note that whilst the advisers are able to advise on a wide range of subjects relating to land ownership, they cannot act in place of a member's own solicitor, accountant, surveyor and tax specialist by, for example, drafting documents or corresponding on their behalf and may be precluded, by the rules of their own professions, from advising one CLA member against another CLA member in the case of conflict.

Solicitors Indemnity Fund . Solicitors in the CLA Legal Team are not covered by the Solicitors Indemnity Fund in relation to professional negligence in relation to any advice given by them.

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