Freehold conveyancing process – (2) Town and Country Planning Flashcards
What is the purpose of planning law?
To restrict the development of land and ensure controlled building to prevent uncontrolled construction activities.
When is planning permission generally required?
For structural changes, mining operations, and any material change of use.
What is a Listed Building?
A building that requires planning permission for any kind of work, due to its historical or architectural significance.
What constitutes permitted development?
Minor internal works or specific projects that do not require planning permission because they are deemed to be automatically permitted under certain regulations.
What are the two types of express planning permission?
(i) Outline permission – for the general principles of development, and (ii) Detailed permission – for specific development proposals.
What is deemed planning permission?
Planning permission automatically granted under the 1990 Act for certain developments, such as small home extensions, unless the local authority disapplies these rights.
What happens if planning permission lapses?
Development must commence within 3 years of the date of permission; otherwise, the permission becomes invalid.
What actions can a local authority take for non-compliance with planning laws?
They can take enforcement action against the property owner, requiring compliance, which may include requiring demolition or reconstruction. Enforcement notices must be served within specific timeframes based on the type of breach.
What is the enforcement notice timeframe for unauthorized building works?
Must be served within 4 years of the breach.
What is the enforcement notice timeframe for material change of use?
Must be served within 10 years of the breach.
What can a local authority do to prevent unauthorized work?
They can apply for an injunction or issue a ‘stop notice’ to prevent ongoing work.
What is the enforcement period for Listed Buildings?
There is no enforcement cut-off period; breaches can be enforced at any time.
What are Building Regulations?
Separate from planning permission, these regulations ensure that buildings meet specific safety and construction standards. Compliance is required for all development work, even for minor work that may not require planning permission.
What is a Building Regulations completion certificate?
Issued by a building control officer upon satisfactory inspection of completed work, confirming compliance with building regulations.
What are use classes?
Classifications for commercial buildings that dictate what type of activities can occur within them; planning permission is typically required to change from one use class to another, but not for changes within the same class.
