Planning law Flashcards
What is planning permission needed for?
Any development of land
Definition of “development”
- building/engineering/mining/other operations on/under/over land, OR
- making material change to the use of any buildings or other land
What is NOT a “development”
- anything affecting only the interior, or if there’s no material effect on external appearance,
- excluded material changes of use (change within same class)
What are “sui generis” uses?
Uses that could have a bad effect on their locality
Have their own class
So, changing to/from sui generis code requires planning permission
eg. cinemas, bars, hot takeaways…
When must planning permission be implemented?
Usually:
England: within 3 years of permission
Wales: within 5 years of permission
Time limit on completing a development with planning permission
Usually no limit
BUT: Local Planning Authority can serve a completion notice (permission lapses if not completed by certain date)
Does planning permission authorise the breach of an enforceable covenant?
No
When is an application for planning permission not necessary, despite there being a “development”?
GDPO 2015 (England)/GDPO 1995 (Wales):
- developments within curtilage of dwelling house/minor operations,
- specified changes between classes,
- changes from some sui generis uses
How can a GDPO concession be negated?
Secretary of State issues an Article 4 Direction
What to do if in doubt about whether a development falls under GDPO exception, or amounts to a “development”?
Apply to LPA for a Certificate of Lawfulness
If denied: must apply for planning permission!
Punishment for failing to comply with a LPA notice?
Fine
LPA may serve an enforcement notice if:
- there’s been a breach of planning control
It must specify the steps to be taken to comply
OR: can issue enforcement warning notice (allows retrospective planning permission application)
When can a stop notice be served?
ONLY after an enforcement notice was served
When is a breach of condition notice served?
When a condition of planning permission was breached
Injunction time limits in England + Wales
England: 10 years
BUT: if breach involves development or a change of use to a dwelling house BEFORE April 2024, 4 years
Wales: 10 years
BUT: if involves development or a change of use to a dwelling house it’s 4 years
Who is responsible for the lack of planning permission?
Current owner (not whoever didn’t obtain it!)
When is an injunction granted?
Discretionary: if LPA shows it’s necessary and appropriate
What is building regulation control?
It requires consent to be obtained for many works, even if planning permission isn’t required
Apply for consent before work starts, and the work’s inspected once it’s done
Then receive certificate of compliance
Time limit in England + Wales for building control prosecution
England: no limit
Wales: within 2 years of offence
Time limit in England + Wales for building control enforcement notice for alteration/removal
England: 10 years from completion
Wales: 1 year from completion
Time limit for building control injunctions if the building is unsafe
None
Extra permission required to demolish/alter/extend a listed building
listed building consent
the higher the listing, the harder to get consent (grades 1, 2*, and 2)
What are conservation areas?
Areas of special architectural or historic interest, the appearance or character of which it’s desirable to preserve/enhance
Procedure for doing work on a tree in a conservation area
LPA must be notified 6 weeks in advance
LPA decides whether/how works should happen
