7. Development and Secondary Legislation Flashcards
What is the concept of development?
Planning permission is required for the carrying out if any development of land
What is development?
Section 55 (1), Town and Country Planning Act 1990
Development means the 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 building or other land
What do building operations include?
Section 55 (1a) town and country planning act 1990
a) demolition of buildings,
b) rebuilding,
c) structural alterations of or additions to buildings,
d) other operations normally undertaken by a person carrying a business as a builder
What is a building?
Section 336 (1A) town and country planning act 1990
Building includes any structure or erection and any part of a building, as so defined
What is an example of a submitted temporary structure that was permanent?
Woolley Chicken Case vs Bath and NE Somerset Council
Polytunnels that could be moved however the high court said this did not prevent them from being erections within the section 335 meaning, especially due to their weight and size
What are the two categories of development?
Operational development and changes in use
What does engineering operations include?
- Formation and laying out of means of access to the highway (Section 336 (1) of 1990 Act)
- Creating a tank for fish farming (Section 55 (4) of 1990 Act)
- Removal of an embankment
- Breaking out or digging up tennis court
- Digging out a reservoir
What includes other operations?
- Freestanding parasol heaters
- Grille over shop door
- Contraction of additional tee on golf course
- Depositing material to raise profile of land
- Polytunnels
What constitutes as De Minimis - bonus question: what is de minimis
‘The law is not concerned with trivial matters’
If something is very minor then it will be too inconsequential to constitute development
Examples include brick barbecues, tv serials, soffit boards, guttering, cabling and alarms
What Order provides guidance in relation to Material change of use
Use Classes Order
What are material changes of use?
- Changing the use of single dwelling house into two or more dwelling houses
- Intensification of use, if this also changes the character of the use
Which explicit exemptions are not development?
Section 55 (2)
- Alterations which affect only the interior of the building
- Alterations which do not materially affect the external appearance of the building
- Use of any building/land within the curtilage of a swelling for any purpose incidental to the enjoyment of the dwelling
- Change of use of land/building from one purpose to another where the uses are within the same class
- Some types of demolition
Internal works are not development, but what are the exceptions?
- Mezzanine floors of more than 200m squared in retail premises
- If the building is listed - required listed building consent
- May require approval under the Building Regulations
- Inserting partitions to create new self-contained flats (flats themselves require consent as change of use)
What incidentals to dwelling house are not development?
- Bedroom/study as home office (unless there are visiting members of the public or substantial deliveries associated with the business)
- Running childminding business from home
- Converting detached outbuilding to a bedroom (providing it is used by the same household)
- Converting detached building into a home gym
- Using shed as workshop/storage in connection with a hobby
What are ancillary uses and examples?
A use may be able to be carried out ‘ancillary’ to the main use and are decided upon by their ‘fact and degree’
Examples include home office, annexe, shop that allows ‘small’ seating area to consume on site
