Local Authority consents and pre contract searches

Question 1

• S. 57(1) Town and country planning act 1990 (TCPA)

Answer 1

o Planning permission required for development

Question 2

• S. 55(1) TCPA 1990

Answer 2

o Development is
 Carrying out of building, engineering, mining or other operations in, on, over or under land
 Making of any material change in the use of any buildings or other land

Question 3

Permitted Development

Answer 3

Permitted Development
- Town and Country Panning (General permitted development) Order 2015 (GDPO)
o Article 3(1) GDPO 2015 and Schedule 2
- Power to disapply by making an article 4 direction

Question 4

Building Works

Answer 4

• S. 55(1A) TCPA 1990
  o Demolition of buildings
  o Rebuilding
  o Structural alterations, or additions to buildings
  o Operations normally undertaken by a person carrying on business as a builder
• S. 55(2)(a) TCPA 1990
  o Not
   Affect only the interior of the building or materially affect the exterior
   Do not provide additional space underground.

Question 5

Enforcement Notice

Answer 5

• S. 171(b) TCPA 1990
• Building works without planning permission, enforcement action can be brought within 4 years following substantial completion
• Material change of use is 10 years, unless it is to a single dwelling house which is 4 years
• Breach of condition attached to planning permission is 10 years
• Concealment of development has an unlimited time restraint

Question 6

Listed Building

Answer 6

• Listed building consent is in addition to planning permission
• No time limit for enforcement

Question 7

Conservation Area

Answer 7

Conservation Areas
- S. 69(1) Planning (Listed buildings and conservation Areas) Act 1990
o Conservation area is an area of special architectural or historical interest, the character or appearance of which is desirable to enhance or preserve.
- Stricter planning control
o Article 4 direction
 Restricts what would normally be considered permitted development
- No time limit for enforcement

Question 8

Building regulation

Answer 8

Building Regulations

• Building regulations 2010
• Separate and additional to any planning permissions.
• Building works must be commenced within 3 years of approval
• After completion a building regulation completion certificate is issued

Question 9

Environmental law

Answer 9

Environmental Law
- Environmental protection act 1990
- Environment Act 1995
- S. 78A(2) EPA 1990
o Contaminated land:
 Significant harm is being caused or there is a significant possibility of such harm being caused
 Significant pollution of controlled waters is being caused or there is a significant possibility of such pollution being caused
- Remediation notice
o S. 78 A – 78 YC EPA 1990
 Require local authorities to inspect and identify seriously contaminated sites
o Appropriate person
 Class A
• Those who caused or knowingly permitted the pollutant to be in the land
 Class B
• Those who own or occupy the land

Question 10

LLC1

Answer 10

• Local Land Charges Search
• Planning permissions which have been granted
• Enforcement or stop notices
• Tree preservation orders
• Smoke control orders
• Financial charges
• Conservation area
• Maximum 3 months old

Question 11

CON 29

Answer 11

• Roads (public highway or private road)
  o Adoption
• Public rights of way
• Planning and building decisions

Question 12

Highway search

Answer 12

• To ensure that the boundary of the property abuts a public highway

Question 13

Drainage and water search

Answer 13

• Responsibility for drains within a property’s boundaries and serving oly that property remains with the property owner

Question 14

Desktop Environmental Search

Answer 14

• Confirm whether property has been used contaminative use, if it is likely to flood, confirm land use within 250 metres of the property

Question 15

Chancel repair search

Answer 15

• Liability to pay for chancel repairs

- Since 13 october 2013 lost overriding status

Question 16

SIM

Answer 16

Search of the index map (SIM)

- Will reveal any third party titles that are registered against the title of the property

Question 17

Required Searches

Answer 17

LLC1
CON 29
Highway Search
Drainage and Water Search
Desktop Environmental Search
Chancel Repair search
SIM

Question 18

CON 29O

Answer 18

• Optional enquiries
• Rights in common
  o Cannot build
  o Access rights

Question 19

Company Search

Answer 19

Company Search

- Fixed charges over the company’s assets

Question 20

CON 29M

Answer 20

CON 29M
- Coal mining and brine search
o Whether land is affected

Question 21

Waterways search

Answer 21

• Where a property either adjoins a waterway or has a waterway passing through