Planning Law Flashcards
What is planning permission required for?
Any development of the land
In planning law, what is ‘development’?
s55 TCPA: ‘The carrying out of building, engineering, mining or other operations in, on, over or under the land, or the making of any material change in the use of any building or other land
ie.
Operational development: building, engineering, mining or other operations (‘BEMO’)
&
Material change of use
What are the two main activities classed as ‘development’ in planning law?
Operational development: building, engineering, mining or other operations (‘BEMO’)
Material change of use
What does not constitute ‘development’?
The maintenance, improvement or other alteration of any building or works affecting only the interior or which do not materially affect the external apperance
+
A change of use within the same class of use in the Use Classes Order
When will operational development of a building not be development?
If it affects only the interior / does not materially affect the external appearance
When will a change of use of a building not constitute development?
When it is a change of use within the same class of use in the Use Classes Order
Which class of use is for residential uses?
C
C1 - Hotels
C3 - Dwelling houses
C4 - Houses in multiple occupation
Which class of use is for commercial, business & services?
E
E(a) - retail sale of goods other than hot food
E(b) - sale of food & drink for consumption on premises
E(c) - financial & professional services
What are the 3 key ‘sui generis’ uses in the use class order?
➢ Entertainment establishments
➢ Drinking establishments
➢ Hot food takeaways
These always require planning permission
Is planning permission binding on the person who applied or the land?
The land - once obtained it runs with the land forever
ie. current owner of property will be held responsible for breaches
Which matters do not require express planning permission?
Those set out in the General Permitted Development Order 2015 - eg.
- Developments within the curtilage of a dwelling house (eg. extensions below a certain size)
- Minor operations (eg. painting exterior, installing CCTV)
What is an Article 4 Direction under the General Permitted Development Order?
Issued by the Secretary of State or Local Planning Authority to exclude the effect of the relevant GPDO
If unsure whether a proposal qualifies for express planning permission under the GPDO, what can you apply for?
A Certificate of Lawfulness of Proposed Use or Development
- If issued: means that the proposals are not development or are permitted under GPDO
- If not issued: must apply for express planning permission
What are the two ways a local planning authority can find out if there has been a breach of planning conditions?
Exercising its right of entry or serving a planning contravention notice (requires recipient to provide information)
What are the four enforcement methods available to LPAs for a breach of planning?
Enforcement notice
Stop notice
Breach of condition notice
Injunction
What is an enforcement notice?
Issued when LPA believes there has been a planning breach - must specify breach, ways to remedy & timescale
Becomes effective 28 days after service (can issue stop notice to plug this gap)
Is it possible to appeal an enforcement notice?
Yes (will be suspended during appeal)
What is a stop notice?
Issued by LPA to stop activities before the enforcement notice takes effect
Will be effective for 28 days only
ie. enforcement notice must have been served!
What is a breach of condition notice?
Served where the breach of planning control is a breach of a specific planning permission condition
There is no right of appeal
Can you appeal a breach of condition notice?
No
When can an LPA apply for an injunction?
To restrain an actual or apprehended breach - but must show it is expedient, necessary & appropriate (available at court’s discretion)
What are the time limits for an LPA taking enforcement action?
Operational development without planning permission: 4 years
Change of use to single dwelling house: 4 years
All other breaches: 10 years from date of breach
What is the time limit for the LPA to take enforcement action against an operational development without planning permission?
4 years
(All other breaches: 10 years from date of breach)
What is the time limit for the LPA to take enforcement action against a change of use to a single dwelling house?
4 years
(All other breaches: 10 years from date of breach)
What is building regulation control about?
Concerned with health & safety aspects of construction, including materials used
Must apply to local authority for Building Regulations consent
What is the procedure for applying for Building Regulations Consent?
- Apply to local authority
- Work is inspected (can be multiple inspections) by a Building Control Officer
- After final inspection, local authority issue certificate of compliance
What is the self-certification scheme for Building Regulations consent?
Regulated by trades & professions (eg. plumbers) - don’t need to apply, can self-certify
What are the 3 options available to the local authority if there is a breach of building regulations control?
i. Prosecute for breach within 2 years of completion
ii. Issue an enforcement notice requiring the work to be altered or removed within 1 year
iii. Take out an injunction if the work is unsafe
What can a prospective buyer do if a property has not been granted building regulations consent?
Ask the seller to obtain a regularisation certificate from the LA (lists work required to bring building up to standard)
or
Obtain insurance to cover cost of compliance if LA bring enforcement proceedings
