2. PP and Environmental Considerations Flashcards
Once LA gives BR approval, when must works be commenced
Within 3 years
What is not considered building works under s.55 TCPA
Works that only affect the interior (or no material effect to exterior), and do not add additional underground space
How do you know if PP needed?
TCPA, TCP(UC) and GPDO
Which is the only search that shows if BR consent given
CON29
What defines ‘development’ for s.57 TCPA
s.55
What statute (+ specific part) covers permitted development for material changes in use
GPDO Part 3 Sch 2
What search shows if LB
LLC1
How do you know if works have been carried out?
CPSEs + scenario
Enforcement period if condition attached to PP breached
10 years from date of breach
Two options if building works w/o BR approval
Regularisation Certificate as condition of C, or insurance
Enforcement period if building works w/o BR approval
Unlimited
What is a planning contravention notice
Flushes out info about suspected breaches, which can then –> EN
What is a stop notice
Prohibit activities subject to EN + breach PP
S.57(1) TCPA
Need PP for ‘development’
Enforcement period if demolish building in Conservation Area w/o consent
Unlimited
Who can you apply to for guidance on whether PP is likely to be allowed
Planning Officer
Why is it likely that any change of use also triggers BR approval
Likely to = building work
Why is it important to check breaches of PP + BR
B takes on Ss breaches
What does BR approval NOT apply to
Changes of use
What is the usual impact on PP for conservation areas
Onerous/expensive conditions on PP, e.g. specifying particular type and colour of bricks
Enforcement period if works to LB w/o consent
Unlimited
What is the rule on GPDO for fences as ‘permitted development’
Can repair fences w/o PP, but not if around listed building
What is the effect of failing to comply w/ enforcement notice
Criminal sanctions + sometimes demolition
What kind of LA notice is TIED to enforcement notice (cannot be independent)
Stop notice
What is a conservation area
An area of special architectural or historical interest
When is an Article 4 Direction especially common
For Conservation Areas
What must you do if PP was conditional
Obtain copy and enquire as to if conditions breached
What is assumed on LPC to do with listed buildings
Development of LB always requires permission
What does LA issue if building works (for BR approval) correctly carried out
Regularisation Completion certificate
Who is the ‘appropriate person’ in environmental law for pollution
Class A (original polluter), or Class B (current owner) if A cannot be found
What counts as ‘development’ for PP
Building works and/or material changes in use
Enforcement period if development is concealed
Unlimited
What can disapply the effect of GPDO for permitted development
Article 4 Direction
What to do if Seller had not obtained planning permission
Condition of C that they get retrospective planning permission
If BR approval is shown in CON29, need S get copy?
No
What does CON29 show for PP
Refused, pending and BR
Enforcement period if change of use to single dwelling house w/o PP
4 years from change
What statute covers material change in use for ‘development’ under s.57 TCPA
TCP (Use Classes) Order 1987
How is it made clear that BR approval is separate from PP
BR may be needed when PP is not due to e.g. GPDO
What is an enforcement notice
To restore land or secure compliance w/ conditional PP
What is not considered a material change in use under TCP(UC)O
Moving within the same category
Cottingham ratio
S can be found negligent by not taking all reasonable steps to obtain copies of BR approval
When is PP required + per what statute
Whenever there is ‘development’ (s.57(1) TCPA)
Enforcement period if any other change of use (than to single dwelling house) w/o PP
10 years from date.
Statute to find out if period has expired for action (if failed to get PP/BR)
171B TCPA
171B TCPA
Limitation periods for actions for failure to get PP/BR
What does LLC1 show for PP
Granted PP
Enforcement period if building work w/o PP
4 years following substantial completion
Why is enforcement period for no BR unlimited?
LPA can take Ps within 12 months, but also injunction from court AT ANY TIME
What statute (+ specific part) covers permitted development for building works
GPDO Part 2 Schedule 2
How do you find out if Article 4 Direction givn
LLC1
When LPA decides whether to grant PP or not, what do they NOT consider
Personal interests or private rights
Who bears liability for clearing up pollution
The ‘appropriate person’
Example of additional planning controls for LB
Usually need consent for internal works as well if they affect the character of the building
What statute makes some ‘development’ ‘permitted’
GPDO
Three notices LPA can issue
Enforcement notice, stop notice, and planning contravention
What sanctions are levied for works to LB w/o LB consent
Criminal sanctions against original, and reparation at cost of current owner
What kind of liability is building works w/o BR approval
Strict liability
S can be found negligent by not taking all reasonable steps to obtain copies of BR approval - CASE
Cottingham
What to do if PP is conditional
Get copy of PP to check conditions complied with BEFORE exchange
What happens if at least significant possibility of significant harm being caused - what does LA do
Serves remediation notice
When can a stop notice not be served by LA
If dwelling or activity continuous for more than 4 years
How do you know if consent has been obtained?
LLC1, CON29 and CPSE
What statute applies to show liability for clean up of environmental contamination is unlimited
78F EPA
Why might Buyer want to pull out if there is the possibility of contamination
Costly to comply with Remediation Notice
What could the Buyer do instead of pulling out in the event that there is contamination
Require Seller to remedy or require reduction of purchase price
When do you ask for BR Certificate
ALWAYS
When is the liability unlimited in a Conservation Area
If building demolished
