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PLP > 2. PP and Environmental Considerations > Flashcards

2. PP and Environmental Considerations Flashcards

1
Q

Once LA gives BR approval, when must works be commenced

A

Within 3 years

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2
Q

What is not considered building works under s.55 TCPA

A

Works that only affect the interior (or no material effect to exterior), and do not add additional underground space

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3
Q

How do you know if PP needed?

A

TCPA, TCP(UC) and GPDO

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4
Q

Which is the only search that shows if BR consent given

A

CON29

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5
Q

What defines ‘development’ for s.57 TCPA

A

s.55

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6
Q

What statute (+ specific part) covers permitted development for material changes in use

A

GPDO Part 3 Sch 2

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7
Q

What search shows if LB

A

LLC1

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8
Q

How do you know if works have been carried out?

A

CPSEs + scenario

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9
Q

Enforcement period if condition attached to PP breached

A

10 years from date of breach

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10
Q

Two options if building works w/o BR approval

A

Regularisation Certificate as condition of C, or insurance

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11
Q

Enforcement period if building works w/o BR approval

A

Unlimited

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12
Q

What is a planning contravention notice

A

Flushes out info about suspected breaches, which can then –> EN

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13
Q

What is a stop notice

A

Prohibit activities subject to EN + breach PP

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14
Q

S.57(1) TCPA

A

Need PP for ‘development’

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15
Q

Enforcement period if demolish building in Conservation Area w/o consent

A

Unlimited

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16
Q

Who can you apply to for guidance on whether PP is likely to be allowed

A

Planning Officer

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17
Q

Why is it likely that any change of use also triggers BR approval

A

Likely to = building work

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18
Q

Why is it important to check breaches of PP + BR

A

B takes on Ss breaches

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19
Q

What does BR approval NOT apply to

A

Changes of use

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20
Q

What is the usual impact on PP for conservation areas

A

Onerous/expensive conditions on PP, e.g. specifying particular type and colour of bricks

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21
Q

Enforcement period if works to LB w/o consent

A

Unlimited

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22
Q

What is the rule on GPDO for fences as ‘permitted development’

A

Can repair fences w/o PP, but not if around listed building

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23
Q

What is the effect of failing to comply w/ enforcement notice

A

Criminal sanctions + sometimes demolition

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24
Q

What kind of LA notice is TIED to enforcement notice (cannot be independent)

A

Stop notice

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25
Q

What is a conservation area

A

An area of special architectural or historical interest

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26
Q

When is an Article 4 Direction especially common

A

For Conservation Areas

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27
Q

What must you do if PP was conditional

A

Obtain copy and enquire as to if conditions breached

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28
Q

What is assumed on LPC to do with listed buildings

A

Development of LB always requires permission

29
Q

What does LA issue if building works (for BR approval) correctly carried out

A

Regularisation Completion certificate

30
Q

Who is the ‘appropriate person’ in environmental law for pollution

A

Class A (original polluter), or Class B (current owner) if A cannot be found

31
Q

What counts as ‘development’ for PP

A

Building works and/or material changes in use

32
Q

Enforcement period if development is concealed

A

Unlimited

33
Q

What can disapply the effect of GPDO for permitted development

A

Article 4 Direction

34
Q

What to do if Seller had not obtained planning permission

A

Condition of C that they get retrospective planning permission

35
Q

If BR approval is shown in CON29, need S get copy?

A

No

36
Q

What does CON29 show for PP

A

Refused, pending and BR

37
Q

Enforcement period if change of use to single dwelling house w/o PP

A

4 years from change

38
Q

What statute covers material change in use for ‘development’ under s.57 TCPA

A

TCP (Use Classes) Order 1987

39
Q

How is it made clear that BR approval is separate from PP

A

BR may be needed when PP is not due to e.g. GPDO

40
Q

What is an enforcement notice

A

To restore land or secure compliance w/ conditional PP

41
Q

What is not considered a material change in use under TCP(UC)O

A

Moving within the same category

42
Q

Cottingham ratio

A

S can be found negligent by not taking all reasonable steps to obtain copies of BR approval

43
Q

When is PP required + per what statute

A

Whenever there is ‘development’ (s.57(1) TCPA)

44
Q

Enforcement period if any other change of use (than to single dwelling house) w/o PP

A

10 years from date.

45
Q

Statute to find out if period has expired for action (if failed to get PP/BR)

A

171B TCPA

46
Q

171B TCPA

A

Limitation periods for actions for failure to get PP/BR

47
Q

What does LLC1 show for PP

A

Granted PP

48
Q

Enforcement period if building work w/o PP

A

4 years following substantial completion

49
Q

Why is enforcement period for no BR unlimited?

A

LPA can take Ps within 12 months, but also injunction from court AT ANY TIME

50
Q

What statute (+ specific part) covers permitted development for building works

A

GPDO Part 2 Schedule 2

51
Q

How do you find out if Article 4 Direction givn

A

LLC1

52
Q

When LPA decides whether to grant PP or not, what do they NOT consider

A

Personal interests or private rights

53
Q

Who bears liability for clearing up pollution

A

The ‘appropriate person’

54
Q

Example of additional planning controls for LB

A

Usually need consent for internal works as well if they affect the character of the building

55
Q

What statute makes some ‘development’ ‘permitted’

A

GPDO

56
Q

Three notices LPA can issue

A

Enforcement notice, stop notice, and planning contravention

57
Q

What sanctions are levied for works to LB w/o LB consent

A

Criminal sanctions against original, and reparation at cost of current owner

58
Q

What kind of liability is building works w/o BR approval

A

Strict liability

59
Q

S can be found negligent by not taking all reasonable steps to obtain copies of BR approval - CASE

A

Cottingham

60
Q

What to do if PP is conditional

A

Get copy of PP to check conditions complied with BEFORE exchange

61
Q

What happens if at least significant possibility of significant harm being caused - what does LA do

A

Serves remediation notice

62
Q

When can a stop notice not be served by LA

A

If dwelling or activity continuous for more than 4 years

63
Q

How do you know if consent has been obtained?

A

LLC1, CON29 and CPSE

64
Q

What statute applies to show liability for clean up of environmental contamination is unlimited

A

78F EPA

65
Q

Why might Buyer want to pull out if there is the possibility of contamination

A

Costly to comply with Remediation Notice

66
Q

What could the Buyer do instead of pulling out in the event that there is contamination

A

Require Seller to remedy or require reduction of purchase price

67
Q

When do you ask for BR Certificate

A

ALWAYS

68
Q

When is the liability unlimited in a Conservation Area

A

If building demolished

PLP (12 decks)

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