Planning Law

Question 1

What matters constitute development? (Planning permission required)

Answer 1

2 key areas:

1. Building works: including demolition, rebuilding, structural alterations or extensions.
2. Material change of use.

Question 2

What matters don’t constitute development? (Planning permission NOT required)

Answer 2

Maintenance/alterations affecting only the interior of the building, or not affecting the external appearance of the building;
Incidental use;
Change of primary use within the SAME USE class.

Question 3

Change of use between the same class vs. a change of use between classes:

Answer 3

A change of use within the same use class does not require planning permission, whereas a change of use BETWEEN classes does.

Question 4

What are the different use classes?

Answer 4

B - general industrial and storage or distribution
C - residential uses - hotels and houses
E - commercial, business and service, financial, professional, health and medical offices, light industrial and research/development
F - schools, places of learning/worship, community facilities

Question 5

What matters fall within permitted development rights?

Answer 5

Small extensions, improvements/alterations within a residential house;
Minor operations - e.g. putting up a fence

These matters still constitute development but don’t require planning permission.

Question 6

What is an article 4 direction?

Answer 6

An article 4 direction revokes the GDPO in certain areas. Express planning permission is always required.

Question 7

When may building regulations approval be required?

Answer 7

Building regulations approval is required for works of construction/sig. alterations/extensions.
Ensures they meet health and safety standards, design, permitted materials and methods.

Question 8

What is a planning contravention notice?

Answer 8

A request for information about operations/activities on the property/potential breaches of planning control.

Must respond within 21 days.

Question 9

What is a completion notice?

Answer 9

Requires the development to be completed within a specified reasonable time, failing which planning permission will lapse.

Question 10

What is an enforcement notice?

Answer 10

Local authority issued where there has been a breach of planning control. Notice specifies breach and what steps are required to remedy.

Take effect 28 days after issue.

Question 11

What is an enforcement notice?

Answer 11

Local authority issued where there has been a breach of planning control. Notice specifies breach and what steps are required to remedy.

Take effect 28 days after issue.

Question 12

What is a regularisation certificate?

Answer 12

Building works carried out in breach of BRs, seller applies for certificate, requests retrospective approval from the local authority, certificate indicates work required to bring property up to standard.

Question 13

For how long are breaches of planning conditions enforceable?

Answer 13

A breach of planning conditions is enforceable up to 10 years from the date of the breach.

Question 14

What is the significance of an Article 4 direction?

Answer 14

Even if a change was permitted by the GDPO, there could have been an Article 4 Direction which negated the relevant concession.

Question 15

Enforcement action for breach of planning permission - time limits:

Answer 15

Operational development - 4 years following substantial completion
Change of use to private home - 4 years
Any other change of use - 10 years
Breach of condition for planning permission - 10 years

Deliberate concealment by the developer - any time after the time limits above for all 3 breaches

Question 16

Enforcement action for breach of building regulations control - time limits:

Answer 16

Prosecute in the MC - 2 year limitation period AND prosecution must be brought within 6 months of the date the local authority discovered the breach

Enforcement notice - 12 months

Injunction application- no time limit