Planning issues Flashcards
Which legislation deals governs planning permissions?
Town and Country Planning Act 1990
What is needed for development?
s.57 Town and Country Planning Act 1990 states that planning permission is needed for development.
What is the definition of development under s. 55 of the Town and Country Planning Act 1990?
a) the carrying out of building, engineering, mining or other operations in, on, over or under land; and
b) the making of any material change in the use of any buildings or other land.
When is a planning permission required?
Whenever there is any work done on a building or whenever there is a material change in use s.55 Town and Country Planning Act 1990
What are the exceptions of when a planning permission is not required for permitted works?
And where do you find these exceptions?
- When it is a type of work falling under the definition of a ‘permitted development’ under GPDO.
See Town and Country Planning Order 1995 aka
(general Permitted Development) to see:
(GPDO) Part 1 Schedule 2 for permitted developments relating to residential property (includes things like erecting an extension to the property).
(GPDO) Part 1 Schedule 3 for permitted developments relating to commercial property.
- When the new use falls within the same class as the old use and is not considered a material change in use GPDO Art 3(1).
(GPDO) to see if it is a permitted swap from Use 1 to Use 2.
If none of the exceptions are found in these sections, then PP is needed.
Along with PP, what other type of authorisation is needed to carry out building works?
Need to get :
PP
Always need to get authorisation from building regulators. Ie. building permits.
regardless of whether PP is required.
And must check if property is in a conservation area or is a listed building.
If a buyer wants to buy a property for a specified purpose, and intends to add some modifications or building to the property for that purpose, what must you first look for?
Where can you find this information?
Need to check that the current or intended use of the property is permitted under planning legislation. LLC1
Check whether past building works were permitted under planning legislation. CON29R LLC1
For building works carried without permission, what is the enforcement action limitation date which can be taken against the owner of the property?
4 years following substantial completion 171B(1) TCPA
GettheSellertoobtainaRegularisation Certificate prior to completion
For changes in use made without permission, what is the enforcement action limitation date which can be taken against the owner of the property?
Within ten years from the date of the change in use s171(b)(3) TCPA 1990
Unless change of use is to a dwelling house, than time limit is 4 years s171B(2) TCPA 1990
For changes in use made without permission, for a dwelling house, what is the limitation period for which enforcement can be taken against the owner of a property?
Four years s.171b(2) TCPA
Breaches of PP within enforcement period; you can apply for retrospective PP.
What is the time limit for enforcement for any breach of a condition attached to planning permission?
Ten years from the date of breach s 171b(3) TCPA
Breaches of PP within enforcement period; you can apply for retrospective PP.
What is the time limit for enforcement against developers who deliberately exploit the rules and conceal breaches?
From April 2012, the localism act 2011 enables local authorities to take enforcement action even after the statutory time limits have expired against developers who deliberately try to expoilt rules and conceal breaches.
What is the time limit of enforcement for any breach of a listed building status? section?
How can solicitor check to see whether this has been breached and if so, what can solicitor ask seller to do?
Unlimited. s36(6) of buildings act.
However, no enforcement if work predates grant of listed building status.
solicitor should check CON29R and seller’s standard enquiries to make
sure building regulations have been complied with
If building regulations have not been complied with, then seller should provide a
retrospective Regularisation Certificate from the local planning authority
What is the time limit of enforcement for a breach of a property having a conservation area status? section?
How can solicitor check to see whether this has been breached and if so, what can solicitor ask seller to do?
Unlimited. s36(6) of buildings act.
However, no enforcement if work predates grant of listed conservation status.
solicitor should check CON29R and seller’s standard enquiries to make
sure building regulations have been complied with
If building regulations have not been complied with, then seller should provide a
retrospective Regularisation Certificate from the local planning authority
On the LLC1, if the property is in a conservation area, what does this mean?
It means permitted development may be restricted.
For ex. to cut down a tree:
6 weeks notice must be provided
Public authority can ignore, approve or reject request. And if it rejects it will create a tree preservation order.
For any demolition, PP will be required.
On the LLC1 form, if the property is a listed building what does this mean?
There are three types of listed buildings:
Grade I (exceptional interest) Grade II* (more than special architectural interest) Grade II (special architectural or historical interest)- most common
Need to know how much permitted development is restricted
Specific building consents may be required for internal and external works
However instead of individual applications, a blanket consent can be obtained where the owner reaches an agreement with the planning authority.
