12.6: Core principles of planning law

Question 1

Who administrates planning law and building regulations?

Answer 1

Local Authority

Question 2

Who else (additional to the Local Authority) has a role in relation to building regulations?

Answer 2

Building Safety Regulator

Question 3

What search reveals the planning history of a property with information about the building regulations

Answer 3

Local Search

Question 4

Development is defined in which statute

Answer 4

Town and Country Planning Act 1990

Question 5

What is the enforcement period for no planning permission for building works?

Answer 5

4 years

Question 6

What is the enforcement period for no planning permission for material change of use?

Answer 6

10 years of completion of the material change

Question 7

What is the enforcement period for a breach of planning condition?

Answer 7

within 10 years of the breach

Question 8

What is the enforcement period for a concealed breach?

Answer 8

no applicable time enforcement period - can be enforced at any point

Question 9

What is the significance of ‘use of classes?’

Answer 9

Need to apply for planning permission when an owner changes the use of a building from a residential dwelling to a business premises/commercial purposes

Question 10

Do planning problems run with the land?

Answer 10

Yes. Not the owner for the time being. Runs with the land meaning a subsequent owner will be liable

Question 11

For interior and exterior works on a listed building, what is required?

Answer 11

Planning permission and listed building consent from the local authority

Question 12

What is the time limit for enforcement for changes to listed buildings without consent and planning permission?

Answer 12

No time limit for enforcement and the local planning authority can bring enforcement proceedings at any time

Question 13

all building works must comply with

Answer 13

building regulations

Question 14

An enforcement notice relating to the absence of building regulations must be served within

Answer 14

10 years of completion of the work

Question 15

Enforcement for material change of use without planning permission

Answer 15

10 years

Question 16

What constitutes development?

Answer 16

defined in s55 of the Town and Country Planning Act 1990, development is defined as ‘carrying out of building, engineering, mining or other operations in, on, over or under land, or the
making of any material change in the use of any buildings or other land.’
“Building operations” includes:
* demolition
* rebuilding
* structural alterations/additions, or
* other operations normally carried on by someone in business as a builder.

AND Material change of use

Question 17

The definition of development / building operations does not include?

Answer 17

• anything done to the interior that does not impact the exterior
  -e.g residential office can comprise of a home office

Question 18

planning permission is required for any

Answer 18

development

Question 19

development is defined in

Answer 19

s55 of the Town and Country Planning Act 1990

Question 20

Planning permission can be deemed means

Answer 20

work does not require a formal planning application. This can include minor work such as a small extension or improvement
otherwise known as a ‘permitted development.’

Question 21

Permitted development rights can be excluded from

Answer 21

locations by the local authority passing an Article 4 Direction, enabling the local authority to maintain stricter control over an area e.g in a conservation area

Question 22

Planning permission can be deemed otherwise known as

Answer 22

Permitted developments that do not require the consent of the Local Authority

Question 23

If not covered by permitted development, a property owner needs to apply for what types of permission

Answer 23

outline - broad permission
detailed - more complex and costly application

Question 24

England and Wales has the same

Answer 24

time limits for enforcement by the Local Authority

Question 25

Name the main types enforcement action

Answer 25

enforcement notice - order to restore land stop notice planning contravention notice - used to get information of breach before an enforcement notice is served

Question 26

With listed buildings the time limit for enforcement of a breach is

Answer 26

no time limit for enforcement

Question 27

In England, from 1 October 2023, a local authority can take enforcement action against a person who does not comply with building regulations within

Answer 27

10 years from the date of completion of the building works that are in breach

Question 28

Prior to 1st October 2023, the time period for enforcement of building regulations was

Answer 28

12 months

Question 29

From 1st October 2023, the power to serve an enforcement notice for enforcement of building regulations has been extended

Answer 29

to “any building control authority” which includes a local authority or the Building Safety Regulator

Question 30

Even if planning permission is obtained to carry out work it is still necessary to comply with

Answer 30

any covenant on the title that restricts or limits the development

Question 31

Despite being granted planning permission, a buyer must ensure they comply with

Answer 31

any covenant of title that restricts the land planning permission does not supersede covenants

Question 32

A solicitor acting in a commercial property transaction may have to consider....

Answer 32

Planning use classes - the current authorised use of the land. Will need to apply for planning permission if they want to change

Question 33

If the proposed change of use is within the same use class, is planning permission required?

Answer 33

No

Question 34

Examples of classes and changes

Answer 34

- Class C1 Hotels - Class C3: dwelling houses - Class E(a): retail sale of goods - Class E(c): financial services changes between classes ie class C1 to E need permission, changes within the same class do not

Question 35

Under the Town and Country Planning Act 1990, planning permission is required for “development” which includes

Answer 35

building work and a material change of use

Question 36

planning issues run with the

Answer 36

land

Question 37

All building work must comply with

Answer 37

building regulations which relate to health and safety

Question 38

there is no time limit on criminal prosecutions or enforcement action by the Building Safety Regulator for

Answer 38

breaches of building regulations

Question 39

If work is being carried out in contravention of building regulations, the local authority has (how many years to enforce proceedings)

Answer 39

10