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Property Practice > Planning Control > Flashcards

Planning Control Flashcards

1
Q

What is a development plan

A

The basis of planning decisions

Sets out policies for the area

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2
Q

What is a neighbourhood plan

A

Development plan for a smaller area created under LA 2001

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3
Q

Who considers appeals

A

S of S considers appeals by applicant

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4
Q

Requirements of making an appeal to S of s

A

Must be applicant not other owner or third party

Must be within 6 months

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5
Q

Can third parties appeal

A

Appeal to HC to challenge grant

Bring JR of procedural error

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6
Q

Can you challenge an appeal decision

A

Can go to HC if not within powers of act or procedural error

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7
Q

Grounds for Appeal

A 
Refused 
Conditions 
Failure to notify in time 
Refused reserved matters on outline application 
Refusal or conditions under s73 or 73A
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8
Q

Three types of appeal that applicant can choose from

A

Written representations
Heard by an inspector
Planning inquiries

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9
Q

Can S of S award costs For an appeal

A

Rarely done but yes . If:
Requested at appropriate time
Other party was unreasonable
This led to wasted costs

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10
Q

Who considers planning applications

A

LPA or S of S if LPA is inadequate or it is of national significance

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11
Q

Does an applicant need an interest in the land

A

No but all owners and tenants must be notified

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12
Q

Can the LPA decline to determine an application

A

Yes under S70 they can decline to determine repeat or overlapping applications

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13
Q

How long can the LPA take to determine an application

A

8 weeks

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14
Q

What must the LPA do once they have made the decision

A

Give full reasons
Give written notice
Register decision in planning register

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15
Q

What type of conditions can the LPA impose

A

S70- anything it sees fit
Cannot be wednesbury unreasonable
Must be fairly and reasonably related to development
Must be for planning purposes and not for ulterior motive

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16
Q

Does planning permission run with the land

A

Yes

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17
Q

Does planning permission expire

A

Not once development has begun

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18
Q

What to do if development drags on

A

Issue completion notice with expiry date of permission

Subject to confirmation by S of S

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19
Q

When does development begin

A 
Building 
Demolition
Trench for Foundations
Roads
Pipes/ mains 
change of use
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20
Q

Do you need new permission if the building is destroyed

A

Yes

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21
Q

Can LPA revoke or modify permission

A

Yes if it thinks it expedient to do so but must do this before development is complete

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22
Q

How long do you have to begin the development

A

If granted before 24.08.05 - 5 years

If granted after 24.03.05 - 3 years

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23
Q

How long to begin outline permission

A

Two years of approval of last reserved matter

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24
Q

Can the LPA give different times for the development to begin

A

Yes but must give reasons and applicant can appeal

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25
Q

Requirements when making an outline application

A

Sufficient information to indicate major features of development
Identify boundaries and nearest public highway

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26
Q

What will an outline application be granted subject to

A

If granted will be subject to conditions on which further approval will be needed

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27
Q

What is a hybrid application

A

When an outline application is made an at the same time you ask the LPA to approve certain details that could otherwise be reserved

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28
Q

What to consider regarding planning permission when making inquiries

A 
Article 4 direction 
Special development order 
Local development order 
Simplified planning zones 
Neighbourhood development orders
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29
Q

What is a neighbourhood development order

A

These permit development without needing an application

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30
Q

What are special development orders

A

These can restrict development rights or permit wider development rights

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31
Q

What is a local development order

A

Introduced by LPA and operate to give permitted development rights but are granted at a local level
Can apply over whole or part of LPA area

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32
Q

What is a simplified planning zone

A

Introduced by LPA

Grants specific planning permission in the zone without the need for a formal application

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33
Q

What is a s106 TCPA 1990 Agreement

A

Alternative way of serving Mitigation measures when planning conditions cannot be used

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34
Q

What is a planning obligation

A

An agreement or undertaking by deed running alongside a planning application to deal with issues that can’t be dealt with by planning permission

35
Q

Is a planning obligation taken into consideration when determining planning application

A

Yes it is a material consideration

36
Q

Who can give a planning obligation

A

Anyone with any legal or equitable interest in the land

37
Q

Can a planning obligation be modified or appealed against

A

Yes. Modify with agreement with LPA or appeal to S of S

38
Q

Do you need the agreement of the LPA when making a planning obligation

A

No it can be a unilateral undertaking or an agreement with the LPA

39
Q

Who is a planning obligation enforceable against

A

Successors in title
Not superior title
Not other owners at the time unless they consent

40
Q

What is a community infrastructure levy

A

A levy imposed on a development to fund infrastructure

41
Q

How are community infrastructure levy calculated

A

£ per square metre of gross internal area of net additional floor space

42
Q

How big must a development be to qualify for CIL

A

At least squared 100m

43
Q

What is not included when calculating the size of a development for CIL

A

Demolished buildings used for at least 6 months in last three years can be deducted from size of development
Buildings that people don’t usually do inside of

44
Q

Are there any exemptions to CIL

A

Charities unless jointly owned by non charity

45
Q

When must CIL be paid

A

On commencement of development

46
Q

What if CIL is not paid

A

Interest will be due
Give warning notice requiring development to stop
Note on public’s register
Sell goods or prison

47
Q

Is it an offence to breach planning control

A

Normally only offence once LPA takes enforcement action and that enforcement is not complied with

48
Q

Must the LPA always take action against a breach of planning control

A

No they can chose

49
Q

How long does the LPA have to take enforcement action against a breach of planning control

A

If breach of operational development of change of use into a single dwelling house - 4 years from completion of development or from change of use
10 years for all other breaches

50
Q

Can the period of time be extended for LPA to take action against a breach

A

Yes by magistrates court

51
Q

Is a development lawful after the expiry of time in which LPA is allowed to bring enforcement action

A

Not legally just immune.

To be lawful you must get certificate which anyone can apply for

52
Q

Who can enter land for enforcement purposes

A

Anyone authorised by LPA

53
Q

Restrictions on right to enter land for enforcement

A

Reasonable hour
Warrant
24 hours notice for dwelling house
Must be reasonable grounds ie logical way to collect info

54
Q

Grounds on which LPA can enter for enforcement

A

To see if there is a breach on that land or any other land
To see if enforcement action has been complied with
To decide if /how enforcement action should be taken

55
Q

What is a planning contravention notice

A

This requires them to give the information requested within 21 days unless reasonable excuse

56
Q

Impact of PCN on stop notice

A

If failure to comply with PCN then no compensation entitlement if stop notice is served

57
Q

Who can a PCN be served on

A

Any owner, occupier or anyone with any other interest in land or anyone who is using the land

58
Q

What is a breach of condition notice

A

Notice to secure compliance with existing condition

59
Q

Is there a right of appeal to a breach of condition notice

A

No

60
Q

What must a breach of condition notice include

A

Steps required

Period of compliance- at least 28 days

61
Q

Defence to non compliance with breach of condition notice

A

Took all reasonable measures to ensure compliance with the notice or to show he didn’t have control at time it was served

62
Q

Who can a breach of condition notice be served on

A

Anyone who have carried out development or has control of land

63
Q

Does it matter if the person who the breach of condition notice is served on has control of the land and if they are the same person who is carrying out the development

A

You can only require compliance with conditions regulating use of land if the notice is served on someone who has control of the land but is not carrying out the development

64
Q

When Can LPA get an injunction against planning breach

A

When LPA considers it necessary and expidient to restrain actual or apprehended breach

65
Q

Who decides the terms of an injunction against a planning breach

A

The court - HC or CC

66
Q

Is the use of an injunction against planning breach dependant on the use of other enforcement measures first

A

No they can go straight to an injunction

67
Q

Can you appeal against an enforcement notice

A

Yes

68
Q

When can an enforcement notice be issued

A

When the LPA considers it expedient and there is an apparent breach of planning control

69
Q

Can the LPA issue more than one enforcement notice

A

Yes if the first is set aside on appeal the time limit re sets so there is more time to issue another

70
Q

Timings of an enforcement notice

A

Issues then 28 days to serve then 28 days to take effect

71
Q

Defence to non compliance with enforcement notice

A

Did everything they could to secure compliance or didn’t know of notice

72
Q

What should be included in an enforcement notice

A

Explanatory notice stating breach and steps required to remedy it

73
Q

Who can an enforcement notice be served on

A

Owner, occupier and any other person having an interest in the land which is likely to be materially affected by the notice

74
Q

When must a stop notice be served

A

Before an enforcement notice takes effect

75
Q

When must a stop notice take effect

A

At least three days but no more than 28 days after service

76
Q

Defence against non compliance with stop notice

A

Didn’t know of notice

77
Q

What does a stop notice do

A

Brings activity to an end before enforcement notice begins

78
Q

When can’t a stop notice be used

A

Dwelling house

Activity carried out for 4 years

79
Q

Where should a stop notice be displayed and what should it include

A

Display on land

Include copy of enforcement notice

80
Q

When is compensation payable following a stop notice, to who and how much

How long to claim

A

When it is withdrawn or varied
To anyone with interest or occupying land at time it was served
Amount payable is loss or damage directly attributable to the notice
Claim within 12 months

81
Q

Grounds to appeal against enforcement notices

A

Steps required exceed what is necessary to remedy breach
Permission should be granted or conditions removed
No breach
Alleged action didn’t occur
LPA out of time
Copies of enforcement notice not served
Period given falls short of what is allowed

82
Q

What happens to validity of enforcement notice is appeal is made

A

No effect until after appeal is determined or withdrawn

83
Q

How to appeal against an enforcement notice

A

Written notice to S of S before enforcement notice takes effect
Submit grounds of appeal within 14 days of submitting appeal or at same time

84
Q

Who can appeal against an enforcement notice

A

Any person with an interest in land or occupier at time notice is issues and at time of appeal

Property Practice (13 decks)

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