Planning law

Question 1

What is planning permission needed for?

Answer 1

Any development of land

Question 2

Definition of “development”

Answer 2

• building/engineering/mining/other operations on/under/over land, OR
• making material change to the use of any buildings or other land

Question 3

What is NOT a “development”

Answer 3

• anything affecting only the interior, or if there’s no material effect on external appearance,
• excluded material changes of use (change within same class)

Question 4

What are “sui generis” uses?

Answer 4

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…

Question 5

When must planning permission be implemented?

Answer 5

Usually:
England: within 3 years of permission
Wales: within 5 years of permission

Question 6

Time limit on completing a development with planning permission

Answer 6

Usually no limit
BUT: Local Planning Authority can serve a completion notice (permission lapses if not completed by certain date)

Question 7

Does planning permission authorise the breach of an enforceable covenant?

Answer 7

No

Question 8

When is an application for planning permission not necessary, despite there being a “development”?

Answer 8

GDPO 2015 (England)/GDPO 1995 (Wales):
- developments within curtilage of dwelling house/minor operations,
- specified changes between classes,
- changes from some sui generis uses

Question 9

How can a GDPO concession be negated?

Answer 9

Secretary of State issues an Article 4 Direction

Question 10

What to do if in doubt about whether a development falls under GDPO exception, or amounts to a “development”?

Answer 10

Apply to LPA for a Certificate of Lawfulness

If denied: must apply for planning permission!

Question 11

Punishment for failing to comply with a LPA notice?

Answer 11

Fine

Question 12

LPA may serve an enforcement notice if:

Answer 12

• 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)

Question 13

When can a stop notice be served?

Answer 13

ONLY after an enforcement notice was served

Question 14

When is a breach of condition notice served?

Answer 14

When a condition of planning permission was breached

Question 15

Injunction time limits in England + Wales

Answer 15

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

Question 16

Who is responsible for the lack of planning permission?

Answer 16

Current owner (not whoever didn’t obtain it!)

Question 17

When is an injunction granted?

Answer 17

Discretionary: if LPA shows it’s necessary and appropriate

Question 18

What is building regulation control?

Answer 18

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

Question 19

Time limit in England + Wales for building control prosecution

Answer 19

England: no limit
Wales: within 2 years of offence

Question 20

Time limit in England + Wales for building control enforcement notice for alteration/removal

Answer 20

England: 10 years from completion
Wales: 1 year from completion

Question 21

Time limit for building control injunctions if the building is unsafe

Answer 21

None

Question 22

Extra permission required to demolish/alter/extend a listed building

Answer 22

listed building consent

the higher the listing, the harder to get consent (grades 1, 2*, and 2)

Question 23

What are conservation areas?

Answer 23

Areas of special architectural or historic interest, the appearance or character of which it’s desirable to preserve/enhance

Question 24

Procedure for doing work on a tree in a conservation area

Answer 24

LPA must be notified 6 weeks in advance
LPA decides whether/how works should happen