Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

PLP > Lecture 2 notes > Flashcards

Lecture 2 notes Flashcards

1
Q

What does section 57 TCPA say?

What section defines the substantive term of s57?

A

Planning permission is needed for development.

s.55 defines development as:

Building works
OR
Material changes of use

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What does the GDPO provide?

A

It sets out types of building works and changes of use that are automatically permitted.

n.b. commercial properties are heavily restricted.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Where do you find the use classes and what does para 3(1) of this act provide?

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

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?

A

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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What issues do we need to spot as buyer’s sol and how?

A

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!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the time limits/ ENFORCEMENT PERIOD for breach of planning permission? s171B TCPA 1990

A

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 well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

How will planning perms be assessed?

A

May be given a memorandum…OR replies to enquiries sent to seller

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

How to structure paragraph.

A
  • Consider what you know re prop from info from seller
  • What permissions should there be
  • If none, is LA within time limit for enforcement
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Planning advice re future use?

A
  • Time delay and costs
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is unique about listed buildings? LLC1

A

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)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Conservation area will appear either on LLC1 or CON29. Why?

A

If made conservation area pre 1974 - CON29

If made conservation area post 1974 - LLC1

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What power does LA have under GPDO re Conservation Areas?

A

Article 4 direction can remove what would otherwise be automatically permitted, thus planning permissions would be required.

REPORT TO CLIENT.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

BUILDING REGULATIONS ARE ENTIRELY SEPARATE FROM PLANNING REGS.

What are the main steps within building regs compliance?

Time limit for enforcement?

Building regs certification?

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Who issues proof of building regs compliance?

A

LA surveyor - inspects and gives building regulations certificate.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What do you need to do if no certificates for building regs have been issued?

A

Ask seller to obtain building regularisation certificate.

OR

Insurance….

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Where in the CON29 will you find answers re planning and building regs applications obtained or refused?

A

1.1!

17
Q

What is the Law Society’s Contaminated Land practice note?

What is sig of doing this?

A

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.

18
Q

What 9 searches are always carried out?

A
  • LLC1 - Land charges
  • CON29 - enquiries of LA
  • Highways search
  • Desktop environmental
  • Drainage and water
  • Pre-contract enquiries
  • Survey/ Inspection
  • SIM
  • Chancel repair!
19
Q

What 4 searches are carried out in particular circs?

A
  • CON29O - town green or common land
  • Mining and brine search
  • Waterways
  • Company search
20
Q

What does LLC1 show?

A

LA charges against the property

  • Granted planning permissions
  • Enforcement and Stop Notices
  • Tree preservation orders
  • Smoke Control Orders
  • Conservation area
  • Listed buildings
21
Q

What is the difference between LLC1 and CON29 re planning results?

A

CON29 reveals permissions but also refusals and pending applications.

22
Q

What does CON29 reveal?

A
  • 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
23
Q

What does Highways search tell you and why is it necessary?

A

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.

24
Q

Why is it nec to do a Drainage and Water search and who of?

A

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!

25
Q

Is it true that you only have to do a Desktop Environmental Search for ex-industrial properties?

What else does the search reveal?

A

No, it must be done for EVERY type of property.

Desktop Environmental Search also reveals flood risk.

26
Q

Commercial Property Standard Enquiries (CPSE) are required for what reason?

A

Especially to flush out third party unregistered interests (e.g. non-owning occupiers, non-legal easements, leases under 7 years or granted prior to ? of 21 years duration…)

27
Q

Who does the structural survey? Why should buyer ensure this is done?

A

Qualified surveyor.
Three levels - upto client what level to purchase.
If sig works needed buyer can request price reduction.

28
Q

What is the nature of Chancel repair liability?

A

Prior to 13th October 2013 did not need to be registered in order to bind!

H/e since then it is ONLY properties that have been transferred for valuable consideration that take free of the liability if no notice, or in unreg’d if no caution against first reg.

THUS if intra-group transfer between companies = still liable.

And if transferred last prior to 2013 next transfer will be subject to liability.

29
Q

Why must you do a SIM search?

A
  • With unregistered land need to ensure that no new charges have been made.
  • With commercial land a SIM search will show exactly what land is registered and if any portion of the property being sold is unregistered.
  • Also to discover titles of land adjoining yours - e.g. checking for properly registered easements.
30
Q

Energy performance?

A

Obtain certificate….legal requirement for properties being marketed.

31
Q

CON29O….when do common land and town green search?

A

22.1

Rural areas…etc

32
Q

Company search - why?

A

Does it still exist, name change - needs to be correct in documentation.
Solvency.

33
Q

Coal mining and brine search CON29M - how to establish if necessary?

A

Enter postcode into coal authority’s property search service - indicates if property is in area of concern.

If within such an area - coal mining and brine search nec.

Compensation avail?

34
Q

What other searches may be nec?

A

Geological - eg tin mining

Utilities - e.g. telephone lines

Environmental phase 1 or 2

Waterways - eg riverbanks and towpaths

35
Q

What does Cottingham state?

A

That action in negligence can be brought against a solicitor for failing to ensure all building regs approvals and planning permissions have been obtained.

36
Q

Why effectively, is there no time limit on building regs enforcement?

A

Whilst a LA is entitled to bring proceedings against infringements within 12 months from any, per 36(6) Building Act 1984, they can request a court enforce regs via injunction at ANY TIME.

37
Q

What is the irony re enforcement periods if you bother to apply for planning permission rather than someone who doesnt?

A

Enforcement period for breach of a condition attached to planning permission is 10 years, whereas if go ahead and do works without planning permission enforcement period is 4 years.

PLP (22 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions