Planning law

Question 1

when is planning permission needed

Answer 1

development or change of use

Question 2

what is development - s55 TCPA 1990

Answer 2

any building, engineering, mining or other operations in, on or over land or any material change in use of building or land

Question 3

do you need planning permission for a change of use within the same class

Answer 3

no this isn’t development

Question 4

when is planning permission not required

Answer 4

affecting only interior of building or not materially altering the external appearance

Question 5

what does the TCPO allow

Answer 5

for some developments to be approved automatically - no need to apply for permission for these

Question 6

How to exclude the application of the TCPO

Answer 6

article 4 direction from LPA or S of S

Question 7

How to know if the TCPO applies to your development

Answer 7

apply for a certificate of lawfulness from LPA under s192 TCPO. If refused then apply for planning permission

Question 8

Classes of use

Answer 8

industrial 
commercial 
residential 
learning / community 
Class E - retail, sale of goods except hot food, sale of food and drink for consumption on premises, financial and professional services, and uses which can be carried out in a residential are without detriment to its amenity eg offices, research and development

Question 9

for how long is an enforcement notice effective after service

Answer 9

28 days

Question 10

what to do before serving a stop notice

Answer 10

serve an enforcement notice

Question 11

how long does a temporary stop notice last

Answer 11

28 days

Question 12

what is issued following inspection to show you have met the building regs

Answer 12

certificate of compliance or self certification for traders

Question 13

how to search for building consents and certificates

Answer 13

CON29

Question 14

who can prosecute for breach of building regs and how long do they have following completion of work

Answer 14

local authority within 2 years

Question 15

what to do if building regs not met

Answer 15

ask seller for a regularisation certificate from LA listing work needed to bring it up to standard
insurance

Question 16

remedies for breach of building regs

Answer 16

prosecution within 2 years
injunction if unsafe within any length of time
enforcement notice within 1 year of the work requiring it to be altered or removed

Question 17

When do grade listings apply

Answer 17

buildings or any object or structure fixed to it or within it that forms part of the land

Question 18

what are the grade listings

Answer 18

grade 1, grade 2, grand 2*

Question 19

differences between planning permission and grade listings

Answer 19

one may be required where the other is not

sometimes