planning dev app related

Question 1

Give 4 examples of work where planning permission is required?

Answer 1

New build construction on a vacant site, new build extension not under permitted development, change of use not under permitted change, increase in fence height adjacent to a highway above 1m.

Question 2

What information is contained within a planning application?

Answer 2

Client and agent names, site address, details of the works, proposed materials, plans and drawings, access statements.

Question 3

What is the timeframe for planning consent?

Answer 3

8 weeks from validation, longer for listed buildings.

Question 4

What recourse is available in the case that permission is rejected?

Answer 4

Prepare and submit an appeal within 6 months if there are grounds.

Question 5

What enforcement action can be taken?

Answer 5

Planning contravention notice, authority entry to land with 24 hours’ notice, stop notices.

Question 6

Is there a limit as to when enforcement actions can be taken?

Answer 6

Change of use to a dwelling: 4 years. All other breaches: 10 years.

Question 7

What is NPPF?

Answer 7

National Planning Policy Framework - sets government planning policies in England.

Question 8

What are the policies behind the NPPF?

Answer 8

Sustainable development, community decision-making, town center renewal, housing supply.

Question 9

What is a listed building?

Answer 9

Building placed on Statutory List of Buildings of Special Architectural or Historic Interest.

Question 10

How is a building listed?

Answer 10

Submit an application to English Heritage, Secretary of State makes the decision.

Question 11

Under what legislation is a building listed?

Answer 11

Planning (Listed Buildings and Conservation Areas) Act 1990.

Question 12

What classes of listed building are there?

Answer 12

Grade I (exceptional interest), Grade II* (important interest), Grade II (special interest).

Question 13

Why are buildings listed?

Answer 13

Architectural and historic interest, historical associations, age, rarity, aesthetic merit.

Question 14

What part of the building is listed?

Answer 14

Listing covers the entire building, including interior, fixtures, fittings, and curtilage.

Question 15

What about the curtilage of a building?

Answer 15

Structures built before 1 July 1948 within the curtilage are part of the listing.

Question 16

How can a listed building be de-listed?

Answer 16

Apply to English Heritage for de-listing; rare, takes 5+ months.

Question 17

When would you need to apply for listed building consent?

Answer 17

For demolition, extension, or alterations of a listed building.

Question 18

How long does it take to gain listed building consent?

Answer 18

Usually within 8 weeks, can take up to 12 weeks.

Question 19

What enforcement action can be taken if a listed building is falling into disrepair?

Answer 19

Section 215 notice (clean-up), urgent works notices, repair notices, compulsory purchase orders.

Question 20

What enforcement action can be taken when a Listed Building Consent has been breached?

Answer 20

Enforcement notice or stop work notice.

Question 21

Is there a time bar on enforcement as is the case with planning?

Answer 21

No time limit for listed building enforcement.

Question 22

What is the time bar on planning enforcement?

Answer 22

4 years for operational development or change of use to a single dwelling, 10 years for other breaches.

Question 23

Is there any dispensation for VAT on works to a listed building?

Answer 23

No VAT on alterations to listed dwellings or qualifying residential properties if done by VAT registered builder.

Question 24

Please explain your understanding of the term Dilapidations?

Answer 24

Breaches of lease obligations, typically related to repair, reinstatement, redecoration.

Question 25

Are you aware of any RICS Guidance on Dilapidations?

Answer 25

RICS Guidance: ‘Dilapidations in England and Wales 7th Edition (2016)’.

Question 26

What are the potential roles of a surveyor in relation to dilapidations?

Answer 26

Surveyors act as advisors, expert witnesses, or dispute resolvers in dilapidations matters.

Question 27

What are the 5 stages of Dilapidations?

Answer 27

1. Preparation, 2. Inspection, 3. Schedule of dilapidations, 4. Quantified demand, 5. Response and negotiation.

Question 28

What is the difference between a Terminal Schedule of Dilapidations and an Interim Schedule of Dilapidations?

Answer 28

Terminal schedule: prepared for lease end. Interim schedule: addresses breaches before lease expiry.

Question 29

What is the Pre-Action Protocol?

Answer 29

Conduct expected from parties prior to court proceedings.

Question 30

What are Part 36 Offers?

Answer 30

Written offer to settle, with cost consequences if not accepted within 21 days.

Question 31

What are Calderbank Offers?

Answer 31

More flexible than Part 36, binding contract if accepted, used in small claims and arbitration.

Question 32

What is the Landlord and Tenant Act 1985?

Answer 32

Governs minimum rights and responsibilities of landlords and tenants, applicable to leases under 7 years.

Question 33

What is the Law of Property Act 1925?

Answer 33

The 1925 Act aimed to simplify and cheapen the transfer of land. Sections 52 and 53 require land conveyances to be in writing and by deed, with limited exceptions.

Question 34

What is the Defective Premises Act 1972?

Answer 34

The 1972 Act holds landlords and contractors liable for poorly constructed and maintained buildings, establishing a duty of care to tenants, occupants, and third parties.

Question 35

What are The Civil Procedure Rules 1998?

Answer 35

Introduced rules and practice directions for dispute procedures, improving access to justice, speeding up proceedings, and reducing costs. Small Claims track (<£10,000), Fast Track (<£25,000), and Pre-action Protocols were also introduced.