Planning

Question 1

What is the definition of development?

Answer 1

The carrying out of building, engineering, mining or other operations in, on over or under the land or the making of any material change in use of any buildings.

Question 2

What does not constitute development?

Answer 2

Maintenance, improvement or other alteration of any gilding or works which only affect the interior of a building and do not materially affect the external appearance of a building.
A change of use in the same class does not require PP.

Question 3

What are the four main groups?

Answer 3

B - general industrial and storage and distribution
C - residential uses
E - commercial, business and service
F - learning and non- residential institutions and local community

Sui generis - the only one of its kind - cinemas, bingo halls, hot food takeaway, pubs

Question 4

General rule

Answer 4

A planning permission, once implemented, runs with the land forever and any conditions attached to it runs with the land.

Question 5

What matters do not require express planning permission?

Answer 5

Where it has been automatically granted under the GDPO. Commonly:
Extensions below a certain size
Minor operations (painting the exterior of a house or installing a CCTV camera).

Unless a Article 4 direction given by the SS negates the relevant concession.

Question 6

What action can the LPA take on breach of PP?

Answer 6

• issue an enforcement notice - served on owner, occupier and any other person having interest in the land and will become effective 28 days after service.
• stop notice - can bring the activities to an end before the enforcement notice takes effect but enforcement notice must be served first.
• breach of condition notice - similar to enforcement but can only be served where there is a breach of a condition attached to PP. No right of appeal
• injunction - LPA must show that an injunction is expedient and necessary and the remedy is appropriate in the circumstances. Action must be taken within:
  A - four years for operational development carried out without PP
  B - four years for change of use to a single dwelling
  C - 10 years from the date of the breach for all other breaches

Failure to comply is a criminal offence and punishable with a fine

Question 7

Why should you ensure the property is compliant with building regulations?

Answer 7

Local authorities can prosecute for breach of building regulations control, proceedings must be brought within two years of the relevant work being completed. The LA can also issue an enforcement notice within one year of the work, requiring it to be altered or removed.

Question 8

Listed buildings

Answer 8

Harder to obtain building consent to alter, extend or demolish.
Number of permitted development under the GDPO that do not apply.

Question 9

Conservation areas

Answer 9

Changes to external appearance of a building in a conservation area may require PP.
Demolition or substantial demolition of a building within a conservation area will require PP
Any work planned to a tree in a conservation area must be notified six weeks in advance