Lecture 2 notes Flashcards
What does section 57 TCPA say?
What section defines the substantive term of s57?
Planning permission is needed for development.
s.55 defines development as:
Building works
OR
Material changes of use
What does the GDPO provide?
It sets out types of building works and changes of use that are automatically permitted.
n.b. commercial properties are heavily restricted.
Where do you find the use classes and what does para 3(1) of this act provide?
You find use classes in the TCP(Use Classes) Order 1987.
Para 3(1) states that a change WITHIN a use class does not constitute material change of use.
What does Part 3 of Sch 2 GPDO show?
When would you need to refer to it?
If facts do not fall within Part 3 of Sch 2 what is required?
It is a table showing the permitted changes of use class where change is between DIFFERENT use classes - from left to right.
Part 3 of Sch 2 needs referring to where change of use is not within the use classes as defined in TCP(Use Classes)Order 1987.
- Planning permission will be required if facts do not fit into permitted changes of use in table.
What issues do we need to spot as buyer’s sol and how?
Past breaches of planning permission?
- Read attendance note…etc
- Do LLC1 search.
Compare LLC1 results with notes on property you have obtained…do they conflict at all? Any issues?
Obtain copies of planning permissions! Usually always have conditions attached!
What are the time limits/ ENFORCEMENT PERIOD for breach of planning permission? s171B TCPA 1990
LA cannot bring actions once these have expired.
Building works = 4 years following SUBSTANTIAL COMPLETION (Time limit does not commence if conceal works!)
Breach of condition = 10 years (runs from date of breach)
Change of use = 10 years (change to a single dwelling house = 4 years)
Breach of condition = 10 years (runs from date of breach)
How will planning perms be assessed?
May be given a memorandum…OR replies to enquiries sent to seller
How to structure paragraph.
- Consider what you know re prop from info from seller
- What permissions should there be
- If none, is LA within time limit for enforcement
Planning advice re future use?
- Time delay and costs
What is unique about listed buildings? LLC1
Planning permission is required for both interior and exterior works however minor.
NO TIME LIMIT FOR ENFORCEMENT!
STRICT LIABILITY - buyer inherits obligation to put back. (original perp faces criminal charge)
Conservation area will appear either on LLC1 or CON29. Why?
If made conservation area pre 1974 - CON29
If made conservation area post 1974 - LLC1
What power does LA have under GPDO re Conservation Areas?
Article 4 direction can remove what would otherwise be automatically permitted, thus planning permissions would be required.
REPORT TO CLIENT.
BUILDING REGULATIONS ARE ENTIRELY SEPARATE FROM PLANNING REGS.
What are the main steps within building regs compliance?
Time limit for enforcement?
Building regs certification?
Full plans must be submitted to LA; Building Regs Approval must be obtained and works must commence within 3 years of this; after completion of works LA surveyor will inspect and if satisfied, will issue a Building Regulation Completion Certificate.
LA can bring proceedings within 12 months of infringement
BUT
effectively no time limit for enforcement as LA can enforce via injunction at any time per s.36(6) Building Act 1984.
Building regs compliance certificate MUST BE OBTAINED FOR ALL WORKS CARRIED OUT IN LAST 10 YEARS.
Who issues proof of building regs compliance?
LA surveyor - inspects and gives building regulations certificate.
What do you need to do if no certificates for building regs have been issued?
Ask seller to obtain building regularisation certificate.
OR
Insurance….
Where in the CON29 will you find answers re planning and building regs applications obtained or refused?
1.1!
What is the Law Society’s Contaminated Land practice note?
What is sig of doing this?
That sols MUST do Desktop search to discover if any contaminated land.
Upto client to obtain further site specific investigations.
If there is contamination LA has right to serve remediation notice on the current owner.
Liability: LA tries to find Class A person = who committed pollution or knowingly permitted.
Class B: owner or occupier = buyer!
If Class A cannot be found, Class B liable for clean up.
Course of action: ask seller to remedy, or ditch purchase! Bank will not be likely to assist in purchase of contaminated land.
What 9 searches are always carried out?
- LLC1 - Land charges
- CON29 - enquiries of LA
- Highways search
- Desktop environmental
- Drainage and water
- Pre-contract enquiries
- Survey/ Inspection
- SIM
- Chancel repair!
What 4 searches are carried out in particular circs?
- CON29O - town green or common land
- Mining and brine search
- Waterways
- Company search
What does LLC1 show?
LA charges against the property
- Granted planning permissions
- Enforcement and Stop Notices
- Tree preservation orders
- Smoke Control Orders
- Conservation area
- Listed buildings
What is the difference between LLC1 and CON29 re planning results?
CON29 reveals permissions but also refusals and pending applications.
What does CON29 reveal?
- Planning and building regs (and completion certs etc) permissions, refusals and pending applications.
- Building regs
- Roads - current adoption plans?
- Public rights of way (footpaths/ bridleways) and the routes of these.
- Contamination
What does Highways search tell you and why is it necessary?
Confirms with certainty if property abuts public highway or has benefit of RoW abutting the highway.
Necessary in order to ensure access to property as title plan is not sufficient proof and LLC1 does not discuss boundaries.
Why is it nec to do a Drainage and Water search and who of?
Search is made of local statutory water undertaker. Answers standard qs.
- Surface water drainage and sewerage - drain off into sewer?
IMPT where GAP between the highway and property itself - as private right of drainage to connect to public system…
Drainage and water search tells you which parts of pipework are adopted and which are not.
Implications for maintenance!
