Planning

Question 1

Under Town and Country Planning Act 1990, development of the land includes what?

Answer 1

• Making structural changes or additions to a building or building something on a piece of land
• Mining operations under land
• Any material change of use of any buildings or other land

Question 2

What matters do not constitute “Development”?

Answer 2

Where a change of use is proposed between two uses that fall within the same Use Class, this does not amount to ‘development’ and will not require a planning application.

Question 3

What is building regulation control?

Answer 3

This is separate from planning permission and ensures new buildings and constructions are built according to certain standards.

Question 4

Differences between building regulations and planning laws?

Answer 4

Must comply with building regulations and planning laws. Work that doesn’t require planning permission will still requires compliance with building regulations.

Works covered by building regulations are wider than works requiring planning permission: actual building work, installation of windows, electrical works or installation of a boiler for example.

Question 5

How do get a building regulations completion certificate?

Answer 5

Building control officer will inspect the work being carried out and will issue a building regulations completion certificate.

Question 6

Time limits for commencing work with detailed permission?

Answer 6

Work must commence within three years from the date of permission.

Question 7

What does detailed permission give?

Answer 7

Allows development to commence subject to a number of planning conditions that will have to be met.

Question 8

Time limits for commencing work with outline permission?

Answer 8

If there are reserved matters will need a full application within three years of the outline permission to obtain approval on those matters. Work must start within two years from approval of reserved matters.

Question 9

What does outline permission give?

Answer 9

Broad permission to development subject to reserved matters

Question 10

When can enforcement action be taken by local authority?

Answer 10

if development lacks planning permission or fails to comply with a condition. Can take against the owner or occupier of the property/affected land or against any other interested party.

Question 11

What can enforcement action include?

Answer 11

Could include requiring full compliance with planning laws including pulling down or rebuilding according to planning conditions.

Question 12

Do planning problems run with the land?

Answer 12

Yes, not a defence that previous owner undertook the development.

Question 13

If a local authority decides to take enforcement action for a planning breach must serve and enforcement notice within when?

Answer 13

• Within four years of breach for unauthorised building works
• Within ten years of breach for a material change of use

Question 14

Other action a local authority can take?

Answer 14

Can apply for an injunction to prevent work from taking place or issue a stop notice also.

Question 15

What are the rules for listed buildings?

Answer 15

Listed buildings can’t be demolished, extended or altered without listed building consent from the local authority. There’s no time limit for enforcement action by a local authority for breached for listed buildings.

Question 16

What are the rules for Building regulations?

Answer 16

Enforcement action can be taken for not complying with building regulations within 12 months from the date of the breach. But after this time a local authority can seek an injunction to require the owner to bring the building up to standards.

Question 17

What remedies if buyer knows of planning or building reg issues?

Answer 17

A buyer can ask the seller to provide indemnity insurance at their own cost to deal with the possibility of enforcement if there has been a breach of planning or building regulations and the enforcement period has passed.