Planning Law Flashcards
A married couple are buying a country cottage which had significant improvement work carried out on it five years ago. The pre-contract searches and enquiries have revealed a planning permission and listed buildings approval for the improvement work but not any building regulations consent. The cottage is Grade II listed.
Will further enquiries need to be made by the buyers’ solicitor regarding building regulations consent?
Yes, because there is no time limit for taking enforcement proceedings for breach of building regulations.
A company is buying a public house to add to its portfolio of pubs. It is a long-established pub which has served the nearby village for over 200 years. The local search carried out by the company’s solicitor has revealed that it is listed as an asset of community value.
Which of the following statements correctly describes the effect of this listing?
The property cannot be sold unless a community interest group is given the opportunity to make a bid for the property.
The listing only affects disposals of the property, not planning matters such as the grant of planning permission or building regulations consent.
A solicitor is acting for the buyer of a house in England, which the buyer may wish to extend in future years. The replies to the standard enquiries of the local authority in Form CON29 has revealed the following entry: ‘The property is within an area subject to an Article 4 Direction in respect of all building operations.’
Which one of the following statements best describes the effect of this direction?
It prevents any building works being carried out upon the house without planning permission having been granted.
A solicitor is acting for a buyer of a 3-bedroom terraced house. The property was built in 2001 and has not had any major alterations, with the exception of a conservatory which was built six years ago. The seller’s solicitor has provided the Building Regulations completion certificate for the conservatory. The local search has been received and does not show any Planning Permission for the conservatory, but it does show an Article 4 direction.
Which one of the following statements correctly describes the position regarding Planning Permission?
Planning Permission was needed, but the risk of enforcement has passed.
This is because six years have passed since the conservatory was built, therefore the council can no longer undertake enforcement proceedings.
You are acting for a couple who are buying a freehold property. The property is being sold by the sellers with outline planning permission for a large extension to the side of the property. The outline planning permission was granted by the local council last year. The sellers’ solicitor has sent you a copy of the outline planning permission and you note that it contains a number of reserved matters relating to the external appearance of the extension.
With regards to the outline planning permission, which of the following represents the most appropriate advice to give to the couple?
A full application for planning permission should be submitted to the council and this should be made within three years of the outline consent.
