Planning and Building Enforcement Flashcards
What constitutes a breach of planning control?
A) Development is carried out without planning permission
B) A material change of use occurs without consent
C) A condition of planning permission is breached
D) All of the above
D) All of the above
Explanation: A breach of planning control can occur through unauthorised development, unauthorised change of use, or non-compliance with a planning condition.
What is the enforcement time limit for planning breaches occurring after 25 April 2024?
A) 4 years
B) 6 years
C) 10 years
D) 12 years
C) 10 years
Explanation: From 25 April 2024, the time limit for all planning breaches is 10 years, replacing the previous 4-year limit for building works and change of use to a single dwelling.
Which of the following is NOT an enforcement option for planning breaches?
A) Enforcement notice
B) Stop notice
C) Planning revocation order
D) Breach of condition notice
C) Planning revocation order
Explanation: A planning revocation order is used to revoke an existing planning permission, not enforce a breach. Enforcement tools include notices, stop orders, and injunctions.
What happens if an enforcement notice is ignored?
A) The local authority can enter the land and remedy the breach
B) The local authority can issue an unlimited fine
C) The landowner may face criminal charges
D) All of the above
D) All of the above
Explanation: If an enforcement notice is ignored, the local authority can take direct action, fine the landowner, and even prosecute them in court.
Under what circumstances can a local authority issue a stop notice?
A) At any time before an enforcement notice
B) Only after an enforcement notice has been served
C) Only if a court order is granted
D) Only if the breach has continued for more than 4 years
B) Only after an enforcement notice has been served
Explanation: A stop notice can only be issued after an enforcement notice and requires immediate cessation of activity.
What is the key difference between planning enforcement and building regulations enforcement?
A) Building regulations focus on planning use, while planning enforcement ensures structural integrity
B) Planning enforcement is discretionary, while building enforcement is mandatory
C) Planning breaches affect land use, while building regulation breaches affect health and safety
D) Building regulations are enforced at a national level, while planning is local
C) Planning breaches affect land use, while building regulation breaches affect health and safety
Explanation: Planning enforcement deals with unauthorised land use and development, whereas building regulations enforcement ensures safe construction.
A homeowner converts their garage into a separate dwelling without planning permission. When does the enforcement period start?
A) From when the conversion begins
B) From when the work is completed
C) From when the council becomes aware
D) From when the property is first sold
B) From when the work is completed
Explanation: The enforcement period starts when the change of use is complete. Prior to 25 April 2024, the limit was 4 years, but now it is 10 years.
A buyer discovers that the seller added an extension without building regulations approval. What is the safest course of action?
A) Withdraw from the purchase
B) Ask the seller to obtain a regularisation certificate
C) Take out indemnity insurance
D) Ignore the issue as it is a minor alteration
B) Ask the seller to obtain a regularisation certificate
Explanation: A regularisation certificate ensures the work complies with building regulations. Indemnity insurance may cover financial loss but not health and safety risks.
A developer builds a house and conceals it behind a temporary structure to avoid planning enforcement. What legal action can the council take?
A) Apply for a planning enforcement order
B) Serve a stop notice
C) Issue a breach of condition notice
D) Apply for judicial review
A) Apply for a planning enforcement order
Explanation: If a breach is deliberately concealed, the local authority can extend enforcement powers via a planning enforcement order.
What is the main purpose of an Article 4 Direction?
A) To remove permitted development rights
B) To authorise automatic planning approvals
C) To allow faster enforcement action
D) To restrict local council powers
A) To remove permitted development rights
Explanation: An Article 4 Direction removes automatic permitted development rights, meaning planning permission must be applied for.
A business has been operating in breach of planning permission for 12 years. Can the local authority still enforce action?
A) Yes, because breaches can be enforced indefinitely
B) No, because enforcement is limited to 10 years
C) Yes, if deliberate concealment can be proven
D) No, as long as the owner was unaware of the breach
C) Yes, if deliberate concealment can be proven
Explanation: Enforcement time limits are 10 years, but deliberate concealment allows the council to extend the enforcement period.
A buyer’s solicitor finds a property breach of planning control during searches. What is the safest option for the buyer?
A) Proceed with indemnity insurance
B) Require the seller to correct the issue before exchange
C) Ignore the issue if enforcement time has expired
D) Withdraw from the purchase
B) Require the seller to correct the issue before exchange
Explanation: The safest option is to rectify the issue before completion. Indemnity insurance is an option but does not fix planning issues.
A property owner receives an enforcement notice for an unauthorised extension. What happens next?
A) The owner must demolish the extension immediately
B) The owner has 28 days to comply or appeal
C) The owner can ignore it if they have lived there for 5 years
D) The local authority can force sale of the property
B) The owner has 28 days to comply or appeal
Explanation: An enforcement notice provides 28 days for compliance or appeal. Failure to act can result in fines and direct action by the council.
Which of the following best describes indemnity insurance for planning breaches?
A) It prevents enforcement action
B) It protects against financial loss if action is taken
C) It covers legal costs for retrospective applications
D) It allows a buyer to proceed with an unlawful development
B) It protects against financial loss if action is taken
Explanation: Indemnity insurance does not prevent enforcement but covers financial loss if action is taken by the local authority.
A homeowner installs new windows in their property. Which of the following statements is correct regarding building regulations compliance?
A) Planning permission is required for all window replacements
B) Building regulations approval is only needed if the property is in a conservation area
C) A FENSA-registered installer can self-certify compliance with building regulations
D) The local authority must always inspect and approve window installations
C) A FENSA-registered installer can self-certify compliance with building regulations
Explanation: FENSA (Fenestration Self-Assessment Scheme) allows registered installers to self-certify compliance with building regulations for window and door replacements. Planning permission is only needed in some cases, such as listed buildings, but building regulations approval is always required unless self-certified.
