Key Elements and Structure of a Freehold Property Transaction

Question 1

Private residence relief

Answer 1

Relief from paying CGT on the sale of a property which was an individual’s dwelling house used as their only/main residence throughout the period of ownership.

Question 2

Definition of “development”

Answer 2

2 types
- operational (building, engineering, mining)
- material change of use

Planning permission is required to carry out land development.

Question 3

What is excluded from “development”?

Answer 3

Maintenance, improvement, or alterations that affect the interior of the building, or don’t materially affect the building’s external appearance.

Question 4

Sui generis uses

Answer 4

“In a class of their own”:
- entertainment establishments, e.g. cinema
- drinking establishments, e.g. pubs, bars
- hot food takeaways

These always require planning permission.

Question 5

Effect of planning permission

Answer 5

Once implemented, planning permission runs with the land forever and any conditions attached will burden relevant land.

Implementation must occur within 3 years (England) or 5 years (Wales).

Question 6

Automatic planning permission

Answer 6

Permitted development / GPDO:
- developments within the enclosure of a dwelling house (e.g. extensions below a certain size)
- minor operations (e.g. painting building exterior or installing CCTV)

Question 7

Effect of Article 4

Answer 7

Excludes the right to automatic planning permission effect of GDPO.

If in doubt, apply to LPA for Certificate of Lawfulness which, if refused, express planning permission must be obtained.

Question 8

LPA’s enforcement powers - enforcement notice

Answer 8

Specifies alleged breach and steps to be taken to remedy it.

Right of appeal is available.

Question 9

LPA’s enforcement powers - stop notice

Answer 9

Bring the breach to an end before enforcement notice takes effect.

Must be served in addition to an enforcement notice, rather than instead of.

Question 10

LPA’s enforcement powers - breach of condition notice

Answer 10

There must be a breach of a condition attached to a planning permission.

No right of appeal.

Question 11

LPA’s enforcement powers - injunction

Answer 11

Restrains actual / apprehended breach of planning control.

Discretionary remedy.