Chapter 6: Town and Country Planning Flashcards
Do minor works which are not a ‘development’ require planning permission?
No planning permission is required for works which are not considered to be a development. E.g. minor internal works.
What are the two types of planning permission?
- Deemed permission.
- Express permission.
What is deemed permission?
Permitted developments which do not require express consent because permission is deemed to be granted.
E.g. Adding a porch or conservatory.
Can deemed permission be disapplied?
A local authority can disapply deemed permission such as in local conservation areas (this is an Article 4 Direction).
When must express permission be sought?
If a property owner does not have deemed permission for their proposed development.
What are the two types of express permission?
- Outline permission.
- Detailed permission.
What is outline permission?
- Broad permission to development in principle subject to ‘reserved matters’
- Reserved matters are issues such as materials to be used which must be approved by local authority.
If outline permission has been granted and there are reserved matters, when must a full application be made?
- A full application must be made within 3 years of outline permission.
- Works must commence within 2 years of approval on reserved matters.
What is detailed permission?
Full plans submitted to local authority and, if approved, will allow the development to commence (subject to planning conditions).
If detailed permission is granted, when must the development works commence?
Within three years of the date of permission.
When can the local authority take enforcement action?
If the development lacks planning permission or fails to comply with planning condition.
Who is subject to enforcement action?
The owner, occupier or any other interested party.
Planning problems run with the property.
What is an enforcement notice?
Must be served by the local authority if they decide to take enforcement action for a planning breach.
What information must an enforcement notice include?
- Nature of breach
- Steps required to remedy breach
- Time limit to undertake required work
What other step could be taken alongside serving an enforcement notice?
The local authority could also apply for an injunction to prevent the work from taking place or issue a stop notice.
What is a stop notice?
- Requires party carrying out works to cease immediately.
- Rare in practice
When must an enforcement notice regarding unauthorised building works be served?
Within 4 years of the breach.
When must an enforcement notice regarding a material change of use be served?
Within 10 years of the breach.
What is the time limit for enforcement action by a local authority in regards to listed buildings?
There is no time limit for listed buildings.
What are building regulations?
Building regulations ensure buildings and constructions are built according to certain standards.
What is the role of a building control officer?
A building control officer inspects the works being carried out and, if satisfied, will issue a building regulations completion certificate (the final certificate)
What is the time limit for a local authority to take enforcement action against a person who does not comply with building regulations?
12 months.
If the time limit has passed for a local authority to take enforcement action against a person who has not complied with building regulations, what can be done?
A local authority may seek an injunction requiring the owner of the building to take steps to bring it up to action.
If there has been a breach of planning laws or building regulations and the relevant enforcement period has passed, what may a buyer do?
Ask the seller to provide indemnity insurance at their own cost to deal with the possibility of enforcement.
