PLANNING LAW Flashcards
How is ‘development’ defined?
S 55 TCPA 1990 - the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.
- Operational development - (building, engineering, mining or other operations) ‘BEMO’
- Material change of use.
What is excluded from development?
- Carrying out of maintenance, improvement or other alteration of any building or works which ONLY affect the interior of the building OR do not materially affect the external appearance of a building.
- Excludes a change of use within the SAME class of use.
Is planning permission required for a change of use from one class to another?
YES!
What are some examples of sui generis use?
‘one of its kind’ ‘in a class of its own’
- Uses which could potentially have adverse effects on their locality and include:
- entertainment establishments (cinemas/bingo halls)
- drinking establishments (pubs/wine bars)
- hot food takeaways (sale of hot food for consumption off the premises)
–> Changes to and from sui generis will ALWAYS REQUIRE PLANNING PERMISSION.
What are the use classes for England?
B2 - general industrial.
B3 - storage and distribution.
C - residential uses: hotels (C1), dwelling houses (C3), houses in multiple occupation (C4).
E- commercial, business and service.
F - local community and learning: learning and non-residential institutions (F1) and local community (including shops selling essential goods in premises not exceeding 280m2 with no other facility within 1000m) (F2)
What is contained in class E?
E(a) - retail sale of goods, other than hot food.
E (b) - sale of food and drink for consumption on the premises.
E(c) - financial and professional services.
E(g) - uses which can be carried out in a residential area without detriment to its amenity, including officer to carry out any operational or administrative functions and research and development.
What are the general use classes in Wales?
A1 - shops
A2 - financial and professional services
A3 - food and drink
B1 - business
B2 - general industrial
B8 - storage and distribution.
C - Residential uses - hotels (C1), residential institutions (C2), dwelling houses sole or main residence (C3), homes in multiple occupation (C4), dwelling houses not sole or main residence (C5), short term lets (C6).
D- non-residential institutions (D1), assembly and leisure (D2)
Once planning permission has been obtained who does it benefit?
The land and of all persons for the time being interested in it.
When does planning permission in England and Wales have to be implemented within?
England - usually 3 years.
Wales - usually 5 years.
(of the date of the permission)
Does planning permission stipulate a date when the authorised development must be completed?
no - planning permission does not generally impose a time limit by which the authorised development must be completed.
BUT if the local planning authority decide that completion will not take place within a reasonable time - it can serve a COMPLETION NOTICE stating that permission will cease to have effect if completion has not taken place by the expiration period stated in the notice.
What is the equivalent of the GPDO 2015 (England) for Wales?
The GDPO 1995.
It was repealed in England but not in Wales.
What does the GPDO 2015/1995 do?
It means that planning permission is automatically granted and it is not necessary to apply expressly for planning permission.
When does GPDO 2015 usually apply?
Developments within the curtilage of a dwelling house (such as extensions below a certain size) and minor operations (such as painting the exterior of a building or installing a CCTV camera).
Some use classes and sui generis classes are automatically granted permission.
Is it possible to exclude the relevant GPDO?
yes - by the secretary of state in charge of the Town and Country planning or the LPA by issuing an ARTICLE 4 DIRECTION - before relying on GPDO solicitor should check for any article 4 direction negating the relevant concession. Enquires of the LPA will usually reveal this.
If you are in doubt whether the development falls under GPDO then what should you obtain?
Apply for a Certificate of Lawfulness of Proposed Use or Development under s 192 GPDO - application can be made to the LPA before the works are commenced, specifying the proposed works or change.
