Planning Law

Question 1

when is planning permission needed?

Answer 1

Needed from the Local Planning Authority whenever there is ‘development’ on land = building work or a material change of use of land), unless it falls within certain exceptions

Question 2

what is the statutory definition of ‘development’?

Answer 2

planning permission is needed for:

1. building works = building something new or material external changes in the appearance of buildings and do not include interior works or external works that do not materially affect the appearance, or
2. material changes in use = changes between different use classes under s3(1) Use Class Order 1987

Question 3

what are matters that do not constitute ‘development’? (3)

Answer 3

1. building works that only affect the interior of the building
2. building works that do not materially affect the exterior of the building
3. changes in uses within the same use class under s 3(1) Use Class Order 1987

Question 4

use classes

when is planning permission required?

Answer 4

• Planning permission required = change between different use classes
• Planning permission not required = change within same use class
• Sui generis uses (not a use class itself) = uses that do not belong to a use class –> planning permission required to change to or from a sui generis use

Question 5

what is a GPDO?

Answer 5

• General Permitted Development Order 2015
• GPDO is a general planning permission for various specified works and changes of use which do not require express planning permission

Question 6

what is an Article 4 Direction? Where can it be found?

Answer 6

• Article 4 Direction can exclude or amend a GPDO’s application in a certain locality
• It is issued by a Local Planning Authority to disapply GPDO in the area
• The effect is that planning permission will be needed for the development covered by the GPDO
• The Article 4 Direction will appear on the LLC1 local authority search

Question 7

if you intend to rely on a GPDO, what must you do to ensure planning permission is not needed? (2)

Answer 7

1. Enquire from the local authority if the GPDO has been excluded by an Article 4 Direction as part of the local search LLC1
2. Apply for a certificate of lawfulness from the local planning authority to confirm if the intended works constitute a development, and if so, whether it falls within the GPDO

Question 8

what is a certificate of lawfulness? when is it needed?

Answer 8

A confirmation from the planning authority on:

1. whether intended works constitute a development
2. whether the works fall within the GPDO if they are

apply for it when unsure whether intended work is covered by a GPDO

Question 9

Listed Buildings: what search must be conducted to reveal if property has listed building status? what are they? (3) what is the effect of listing? (3)

Answer 9

• search = shows up on LLC1 search
• what are they = listed buildings are of special architectural or historic significance
• effect of listing:

1. need to get LISTED BUILDING CONSENT to alter, demolish or extend a listed building (apart from planning permission and may be needed where planning permission is not e.g., interior works)
2. various matters in the GPDO will not apply to listed buildings
3. The property cannot be sold unless a community interest group is given the opportunity to make a bid for the property.

Question 10

Conservation Areas: what search must be conducted to reveal if property has listed building status? what are they? (3) what is the effect of listing? (4)

Answer 10

• search = shows up on LLC1 search
• what are they = conservation areas are areas of special historic or architectural interest, the character or appearance of which it is desirable to preserve or enhance
• effect of conservation area status:

1. planning permission is required to demolish or change the external appearance of any building within the conservation area (listed or unlisted)
2. LPA would have likely made an Article 4 Direction to a GPDO
3. any planning permission granted will be subject to onerous conditions
4. consent is needed to cut down trees in a conservation area

Question 11

what are the local authority’s enforcement options for planning permissions? (4)

Answer 11

1. Enforcement notice
2. Stop Notice
3. breach of condition notice
4. injunction

Question 12

what is an enforcement notice?

Answer 12

• local authority’s enforcement options for planning permissions
• discoverable from LLC1 search
• local authority gives 28 days notice that the land must be restored to the condition it was in before the unauthorised development, or comply with any conditions imposed by them
• after 28 days, they may fine owner and enter the land to carry out the work and recover expenses from owner

Question 13

what are stop notices?

Answer 13

• local authority’s enforcement options for planning permissions
• discoverable from LLC1 search
• Can only be served after serving an enforcement notice first
• requires that specified activity stop immediately

BUT - a stop notice CANNOT:

• prohibit use as a dwelling house
• prohibit activity that was carried out for more than 4 years

Question 14

what is a breach of condition notice?

Answer 14

like enforcement notice but concerned with breach of conditions or limitations to planning permissions granted

Question 15

what are time limits for local authorities bringing any enforcement action for breach of planning control?

Answer 15

• building works = 4 years starting on day the building works were substantially completed
• change of use TO residential single welling = 4 years starting on day the use began
• other changes of use = 10 years
• breach of planning condition = 10 years

Question 16

can the local authority enforce planning regulation outside the time limit?

Answer 16

• enforcement outside of time limits is allowed if there is ‘deliberate concealment’
• time starts running from the day the concealment ends
• local authority can apply to magistrates court for planning enforcement order

Question 17

what is the building regulations regime?

Answer 17

• concerned with health and safety - eg. structural integrity of building, converting loft from storage to bedroom, knocking down a wall, fire escape, water supply, stairways, etc.
• consent is required where there is to be ‘building works’ - may be inspected by inspector who issues a certificate of compliance

Question 18

what is ‘building works’ for the purpose of building regulations?

Answer 18

‘building works’ =

• erection or extension of a building (e.g., building a mezzanine floor, knocking down a wall)
• installing or extending a service or fitting (e.g windows, boilers)
• work required where there is a material change of use of the whole building (e.g., converting a loft used for storage to a bedroom)

Question 19

what is the enforcement by local authority for breach of building regulations? what is the time limit for this? (3)

Answer 19

1. prosecution of person responsible (builder, installer, contractor) in MC = local authority must apply within 6 months of discovering the breach and has until 2 years after completion to prosecute
2. enforcement notice = has until 1 year after completion to serve
   - gives landowner 28 days to alter the work
   - if he fails to comply, local authority can impose fine or enter the land, do work, and recover cost from owner
3. injunction application from court to stop building works = no time limit

–> NO TIME LIMIT TO ENFORCE BUILDING REGULATIONS

Question 20

what does buyer solicitor need to do about planning permission and building regulations?

Answer 20

must check compliance with them - otherwise local authority may enforce against any current owner regardless of whether they made the breach

look at sources:

1. LLC1 = reveals planning permissions accepted, stop notices, enforcement notices, Article 4 direction, conservation areas, listed buildings
2. CON29 = planning permissions pending/refused, completion notices
3. seller replies to enquiries = ask if buiding works/changes of uses occurred which would have required planning permission or building regulation consent
4. survey = may reveal any work that occurred

Question 21

what are the buyer’s options when a breach of planning permission and building regulations is discovered? (4)

Answer 21

1. withdraw from transaction if issue is material
2. invite seller to remedy before completion by undertaking physical alterations and removing the breach, adding a term to contract on exchange
3. obtain indemnity insurance at seller expense for breaches covering financial loss resulting from the local planning authority enforcing against the buyer BUT NOT loss for personal injury/death
4. ask seller to obtain retrospective planning permission/regularisation certificate for building works

Question 22

regularisation certificate

Answer 22

for ‘building works’ that had not obtained building regulation approval

Question 23

certificate of lawfulness

Answer 23

if unsure if activity falls within GDPO/if there is Article 4 - make application to local authority for certificate of lawfulness

Question 24

certificate of compliance

Answer 24

issued after inspector inspects land for building regulation - certifies the work is in accordance with building regulations

Question 25

buyer solicitor failed to obtain copies of building regulations consents, and property is now subject to building regulation enforcement

is solicitor liable?

Answer 25

buyer’s solicitor will have acted negligently if they fail to take all reasonable steps to obtain copies of building regulations consents

even if there is no time limit to enforce building regulations