Planning Control Flashcards
What is a development plan
The basis of planning decisions
Sets out policies for the area
What is a neighbourhood plan
Development plan for a smaller area created under LA 2001
Who considers appeals
S of S considers appeals by applicant
Requirements of making an appeal to S of s
Must be applicant not other owner or third party
Must be within 6 months
Can third parties appeal
Appeal to HC to challenge grant
Bring JR of procedural error
Can you challenge an appeal decision
Can go to HC if not within powers of act or procedural error
Grounds for Appeal
Refused Conditions Failure to notify in time Refused reserved matters on outline application Refusal or conditions under s73 or 73A
Three types of appeal that applicant can choose from
Written representations
Heard by an inspector
Planning inquiries
Can S of S award costs For an appeal
Rarely done but yes . If:
Requested at appropriate time
Other party was unreasonable
This led to wasted costs
Who considers planning applications
LPA or S of S if LPA is inadequate or it is of national significance
Does an applicant need an interest in the land
No but all owners and tenants must be notified
Can the LPA decline to determine an application
Yes under S70 they can decline to determine repeat or overlapping applications
How long can the LPA take to determine an application
8 weeks
What must the LPA do once they have made the decision
Give full reasons
Give written notice
Register decision in planning register
What type of conditions can the LPA impose
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
Does planning permission run with the land
Yes
Does planning permission expire
Not once development has begun
What to do if development drags on
Issue completion notice with expiry date of permission
Subject to confirmation by S of S
When does development begin
Building Demolition Trench for Foundations Roads Pipes/ mains change of use
Do you need new permission if the building is destroyed
Yes
Can LPA revoke or modify permission
Yes if it thinks it expedient to do so but must do this before development is complete
How long do you have to begin the development
If granted before 24.08.05 - 5 years
If granted after 24.03.05 - 3 years
How long to begin outline permission
Two years of approval of last reserved matter
Can the LPA give different times for the development to begin
Yes but must give reasons and applicant can appeal
Requirements when making an outline application
Sufficient information to indicate major features of development
Identify boundaries and nearest public highway
What will an outline application be granted subject to
If granted will be subject to conditions on which further approval will be needed
What is a hybrid application
When an outline application is made an at the same time you ask the LPA to approve certain details that could otherwise be reserved
What to consider regarding planning permission when making inquiries
Article 4 direction Special development order Local development order Simplified planning zones Neighbourhood development orders
What is a neighbourhood development order
These permit development without needing an application
What are special development orders
These can restrict development rights or permit wider development rights
What is a local development order
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
What is a simplified planning zone
Introduced by LPA
Grants specific planning permission in the zone without the need for a formal application
What is a s106 TCPA 1990 Agreement
Alternative way of serving Mitigation measures when planning conditions cannot be used
What is a planning obligation
An agreement or undertaking by deed running alongside a planning application to deal with issues that can’t be dealt with by planning permission
Is a planning obligation taken into consideration when determining planning application
Yes it is a material consideration
Who can give a planning obligation
Anyone with any legal or equitable interest in the land
Can a planning obligation be modified or appealed against
Yes. Modify with agreement with LPA or appeal to S of S
Do you need the agreement of the LPA when making a planning obligation
No it can be a unilateral undertaking or an agreement with the LPA
Who is a planning obligation enforceable against
Successors in title
Not superior title
Not other owners at the time unless they consent
What is a community infrastructure levy
A levy imposed on a development to fund infrastructure
How are community infrastructure levy calculated
£ per square metre of gross internal area of net additional floor space
How big must a development be to qualify for CIL
At least squared 100m
What is not included when calculating the size of a development for CIL
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
Are there any exemptions to CIL
Charities unless jointly owned by non charity
When must CIL be paid
On commencement of development
What if CIL is not paid
Interest will be due
Give warning notice requiring development to stop
Note on public’s register
Sell goods or prison
Is it an offence to breach planning control
Normally only offence once LPA takes enforcement action and that enforcement is not complied with
Must the LPA always take action against a breach of planning control
No they can chose
How long does the LPA have to take enforcement action against a breach of planning control
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
Can the period of time be extended for LPA to take action against a breach
Yes by magistrates court
Is a development lawful after the expiry of time in which LPA is allowed to bring enforcement action
Not legally just immune.
To be lawful you must get certificate which anyone can apply for
Who can enter land for enforcement purposes
Anyone authorised by LPA
Restrictions on right to enter land for enforcement
Reasonable hour
Warrant
24 hours notice for dwelling house
Must be reasonable grounds ie logical way to collect info
Grounds on which LPA can enter for enforcement
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
What is a planning contravention notice
This requires them to give the information requested within 21 days unless reasonable excuse
Impact of PCN on stop notice
If failure to comply with PCN then no compensation entitlement if stop notice is served
Who can a PCN be served on
Any owner, occupier or anyone with any other interest in land or anyone who is using the land
What is a breach of condition notice
Notice to secure compliance with existing condition
Is there a right of appeal to a breach of condition notice
No
What must a breach of condition notice include
Steps required
Period of compliance- at least 28 days
Defence to non compliance with breach of condition notice
Took all reasonable measures to ensure compliance with the notice or to show he didn’t have control at time it was served
Who can a breach of condition notice be served on
Anyone who have carried out development or has control of land
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
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
When Can LPA get an injunction against planning breach
When LPA considers it necessary and expidient to restrain actual or apprehended breach
Who decides the terms of an injunction against a planning breach
The court - HC or CC
Is the use of an injunction against planning breach dependant on the use of other enforcement measures first
No they can go straight to an injunction
Can you appeal against an enforcement notice
Yes
When can an enforcement notice be issued
When the LPA considers it expedient and there is an apparent breach of planning control
Can the LPA issue more than one enforcement notice
Yes if the first is set aside on appeal the time limit re sets so there is more time to issue another
Timings of an enforcement notice
Issues then 28 days to serve then 28 days to take effect
Defence to non compliance with enforcement notice
Did everything they could to secure compliance or didn’t know of notice
What should be included in an enforcement notice
Explanatory notice stating breach and steps required to remedy it
Who can an enforcement notice be served on
Owner, occupier and any other person having an interest in the land which is likely to be materially affected by the notice
When must a stop notice be served
Before an enforcement notice takes effect
When must a stop notice take effect
At least three days but no more than 28 days after service
Defence against non compliance with stop notice
Didn’t know of notice
What does a stop notice do
Brings activity to an end before enforcement notice begins
When can’t a stop notice be used
Dwelling house
Activity carried out for 4 years
Where should a stop notice be displayed and what should it include
Display on land
Include copy of enforcement notice
When is compensation payable following a stop notice, to who and how much
How long to claim
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
Grounds to appeal against enforcement notices
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
What happens to validity of enforcement notice is appeal is made
No effect until after appeal is determined or withdrawn
How to appeal against an enforcement notice
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
Who can appeal against an enforcement notice
Any person with an interest in land or occupier at time notice is issues and at time of appeal
