9): Core Principles of Planning Law Flashcards
What counts as “operational development”?
Building/demolition
Alterations/rebuilding
Additions/change of use
When is planning permission required under the TCPA 1990?
For development, defined in s.55 TCPA as:
Operations (building, engineering, mining, etc.)
Material change of use of land/buildings
What does not count as development?
Maintenance/external repairs
Internal works with no external effect
Incidental use of dwelling curtilage
Same use class change (Use Classes Order 1987)
Permitted development under GPDO 2015 (Eng)/1995 (Wales)
Local/Neighbourhood Development Orders
How long does planning permission last?
England: 3 years
Wales: 5 years
Must be implemented, or it lapses
What is permitted development under GPDO 2015 (England)?
Automatic planning permission for certain developments without a formal application, if exceptions/conditions are met.
What developments don’t need express planning permission?
Development within curtilage of dwelling house
Minor operations (e.g. fences, gates)
Change of use (subject to exclusions)
Extension/alteration of:
Offices, shops
Financial/professional services
Industrial units/warehouses
(with limits & conditions)
What legislation governs building control?
Building Act 1984
Updated by Building Safety Act 2022 (esp. high-rise residential buildings)
Governed by Building Regs 2010 (amended in 2023)
When are building regulations needed?
For “building works”, including:
Erection/extension of a building
Installing/extending services/fittings
Material alterations
Change of use of the whole building
Cavity wall insulation
Underpinning a building
What do building regulations aim to ensure?
Health & safety through minimum construction standards
When must a building regulation application be made and what happens after work is done?
Apply to Local Authority for building regulations consent.
Work is inspected by a Building Control Officer.
If compliant: certificate of compliance issued.
What enforcement powers does the Local Authority have for building works?
Prosecute for non-compliance (within 2 years of completion).
Issue enforcement notices (within 1 year) to undo/alter works.
Check Form CON29 pre-contract for consents/certificates or indemnity risks.
What are the pre-25 April 2024 time limits for planning breach enforcement?
Building operations: 4 years from substantial completion.
Change of use (dwelling): 4 years.
Other breaches (e.g., planning conditions): 10 years.
What changes apply from 25 April 2024 for planning breach enforcement?
All breaches (England only): enforcement window = 10 years.
After this, apply for Certificate of Lawful Existing Use or Development to legalise.
What enforcement powers are available to the Local Planning Authority?
Enforcement Notice – Remedy breach within time.
Stop Notice – Immediate halt of activity (must accompany enforcement notice).
Temporary Stop Notice – Temporary halt pending investigation.
Breach of Condition Notice – Remedy breach of planning condition.
Injunction – Court order to stop or reverse unlawful act (discretionary).
