3.1 Planning Law

Question 1

What type of developments require planning permission?

Answer 1

Building works (in/on/over/under land)

• Engineering
• Mining
• Operations

Material change of use (buildings/other land)

Planning conditions

Question 2

What type of developments require no planning permission?

Answer 2

General Permitted Development Order (GPDO) granted

• Small extensions/Porches > Dwelling houses
• Mining building operations (fences/gates)
• Change of use between specific user classes

Question 3

What is not considered developments which do not require planning permission?

Answer 3

Interior only

Within ancillary buildings > Incidental use

Agriculture/Forestry

Public utilities

Operations > Increase gross floor space of retail premises above 200sqm

Change of use within same class

Question 4

What are the types of specific user classes?

Answer 4

A1: Shops

A2: Financial/Professional services

A3: Restaurants + Cafes

A4: Drinking places

A5: Hot food takeaways

B1: Business

B2: Industry

B8: Storage/Distribution

C1: Accommodation

C2: Residences

C3: Dwellings (Max. 6 people)

C4: Multiple occupations

D1: No residential use

D2: Assembly + Leisure

Question 5

How can one apply for planning permission?

Answer 5

Outline application

• Cheaper
• Quicker
• NOT detailed (proposed works, change of use)
• Permission granted ‘in principle’
• ‘Reserved matters’ > Must be resolved

Full application

• Detailed
• Start work within 3 years after receiving planning permission
• Can attach conditions

=> Local authority servicing property

Question 6

What is the Building Regulation Control?

Answer 6

New building works > Must comply w Building Regulations

• Even if NO planning permission required!!!
• Enforced by Local Authority
• Begins within 3 years after planning permission rescinded

Approval required > Structural alterations

• Replacement windows
• Replacement boilers
• Electrical works
• Install wood/coal burning fires/stoves

Approval required > Structural buildings

• New buildings
• Extensions
• Structural alterations

Otherwise S to provide indemnity policy (financial compensation)

Must inform B + Lender

Question 7

What are the Local Planning Authority’s enforcement powers if there is breach of the Building Regulations?

Answer 7

Prosecute in Magistrates’ Court > Penalty

1) Within 6 months of breach discovery
2) Action taken within 2 years of completing building work

Serve enforcement notice
1) Either;
- 4 years since breach (building operations/change of use to single private dwelling)
- 10 years since breach (condition attached to planning permission/unauthorised material change of use)
- Time limit expired > Local authority can apply to court (work deliberately hidden)
2) Either;
- Change building work (according to Building Regulations)
- Require building work removed/demolished > Owner to pay costs
UNLESS under appeal > Local authority may issue accompanying stop notice > Stop alleged improper use

Apply for injunction at court (any time) > Stop building use

Question 8

How may Buyer avoid enforcement of building regulations?

Answer 8

S should apply for Regularisation Certificate
- List works required > Allow Building Regs to be granted

S to either;

• Complete works before completion
• Reduce purchase price > Cover costs