Ch2: Planning

Question 1

s.55(1) TCPA - what’s the definition of ‘development’

Answer 1

(a) The carrying out of building, engineering, mining or other operations in, on, over or under land;
(b) The making of any material change in the use of any buildings or other land

Question 2

Planning permission is required for

Answer 2

1. any building works

2. any material change in use

Question 3

If building works were undertaken to the exterior of a property but
the use of that property remained the same, what’s required?

Answer 3

The only change requiring planning permission would be the building works.

Question 4

When can an objection to a planning application be taken into account?

Answer 4

Only if they relate to material (i.e relevant) planning considerations.

Question 5

Typical material matters the Local Planning Authority will consider include:

Answer 5

• the effect of the proposed development on road safety
• the potential of the proposed development to cause disturbance, including increased traffic flow, to the neighbours or in the locality
• the impact of the proposed development on the character of its surroundings
• Loss of light or over-shadowing if the loss is above certain criteria.

Question 6

Sometimes, objections are raised which are based on personal interests or private rights such as:

Answer 6

• the fear of loss of property value
• the loss of a view
• private rights of way, private drains and other private easements and legal covenants

Question 7

Where can you obtain guidance on the likely success of an objection to an application for planning permission?

Answer 7

A Planning Officer at the LPA.

Question 8

What are building works?

Answer 8

In s.55(1A) TCPA building works are said to include:

• the demolition of buildings
• rebuilding
• structural alterations of, or additions to, buildings; and
• other operations normally undertaken by a person carrying on business as a builder

Question 9

Building works which do not constitute development

Answer 9

s. 55(2) TCPA excludes from the scope of development the carrying out for the maintenance, improvement or other alteration of any building works which:
i) affect only the interior of the building OR do not materially affect the external appearance of the building
ii) do not provide additional space underground

Question 10

Where can you find a lists of permitted development building works to residential properties.

Answer 10

Part 1 of Schedule 2 to the General Permitted Development Order 2015

Question 11

Where can you find a lists of permitted development building works to commercial buildings?

Answer 11

Part 2 of Schedule 2 to the General Permitted Development Order 2015

Question 12

What happens when a LPA makes an Article 4 Direction?

Answer 12

A formal application for planning permission to the LPA would be required after all as permission for the works would not be deemed to be granted automatically.

Particularly within Conservation Areas, small-scale building works to that property that would otherwise fall within the scope of permitted development will not in fact do so.

Question 13

What should the buyer’s solicitor ask the seller to do for spotting issues?

Answer 13

To correct any irregularities in relation to planning prior to completion of the purchase and the resolution of any planning issues may well need to be dealt with as a special condition in the contract itself.

Question 14

What should the buyer’s solicitor do as part of the searches?

Answer 14

1. Check whether or not any building works carried out in the past which are still in existence at the time of the purchase, were permitted under planning legislation
2. Check whether any changes of use from one use class to another that took place in the past, and are continuing at the time of purchase, were permitted under planning legislation.

Question 15

How can a buyer check any intended works or material change of use at the property?

Answer 15

1. Check the current use class of the property and check if the proposed use amounts to a “material change of use” and, if so, whether it is covered by the GPDO 2015.
2. If the proposed “material change of use” does not fall within the GPDO 2015, a formal application for planning permission will be required
3. Check if any proposed building works are covered by the GPDO 2015; if not, a formal application for planning permission will have to be made.

Question 16

What can an enforcement notice require in the breach of planning legislation?

Answer 16

1. Require that the land be restored to the condition it was in before the unauthorised development occurred;
2. secure compliance with any conditions or limitations imposed by a planning permission

Question 17

What is the time limits for enforcement action to be taken for building works?

Answer 17

For building works carried out without planning permission, enforcement
action can be brought within four years following substantial completion of
the works.

Question 18

What happens if the time limit for LPA action has expired?

Answer 18

No further action will be required of the seller

Question 19

What is the time limits for enforcement action for ‘material changes of use’?

Answer 19

10 years from the date of the change of sue,

To a single dwelling house, is 4 years from the date of the change.

Question 20

What is the time limits for enforcement action for any breach of a condition attached to a planning permission?

Answer 20

10 years, runs from the date of the breach.

Question 21

What are the examples of Listed Buildings benefiting from the GPDO 2015?

Answer 21

The erection of a building, enclosure, pool or container within the curtilage (i.e surrounding Listed Building .

Question 22

What happens when work were carried out without the relevant Listed Building Consent for building works?

Answer 22

Criminal sanction, no time limit.

It will only levied against the original perpetrator, rectification works can be required to be carried out by subsequent owners at the cost of that owner which is why it is so important to ensure any issues are dealt with prior to completion.

Question 23

What should a person who intends to carry out building works must do?

Answer 23

Either submit full plans or serve notice on the local authority Building Control Service before such works commence.

Question 24

How long must the building works be commenced after receiving the Building Regulations approval?

Answer 24

3 years.

Question 25

What is a Building Regulation Completion Certificate and how do you get one?

Answer 25

After satisfactory completion of the building works, the local authority will inspect and then issue the certificate of compliance with building regulations.

A single fee is payable for obtaining approval and the issue of the certificate.

Question 26

What’s the enforcement period by the Local Authority to bring an action for building works?

Answer 26

4 years

Question 27

What building projects have permitted development rights (aka no need for a planning permission)

Answer 27

1. Industrial premises and warehouses
2. Some outdoor signs and advertisements
3. Demolition
4. Projects that will have no impact on your neighbours or the environment.

You should check with your Local Planning Authority

Question 28

What’s the purpose of a planning permission?

Answer 28

To establish whether the scale and nature of a proposed development is acceptable

Question 29

What is the function of building regulations?

Answer 29

To ensure the health and safety of people in and around buildings. They provide a minimum standard relating to the construction and alteration of premises.