ABSTRACT
Land use planning involves two tasks: planning and development control. The developer is mainly concerned with development control, for that affects his decision-making in the most direct way. The landowner will be concerned with both; planning may affect his land, beneficially or injuriously, and development control may be the final confirmation of those effects. In exercising development control, the local planning authority are required to have regard to the contents of the development plan (section 70 of the 1990 Act), the development plan being the document which describes the culmination of the planning task. Further, section 38(6) of the Planning and Compulsory Purchase Act 2004 provides that in making any determination under the planning Acts, the determination shall be made in accordance with the plans unless material considerations indicate otherwise. So planning and development control are interrelated; simply put, planning eventually allocates land uses, and development control is the detailed day-to-day implementation of the planning task. Although this book concentrates on development control, some attention must be given to the planning process and the legal consequence of development plans as they impinge on development activities.
