Planning Law Flashcards
when is PP required?
- Planning permission (PP) is required for developing land.
what is the definition of developing?
o Developing inc.: building; engineering; mining or other operations in, on, over or under land; making use of any material change in the use or any buildings or other land
what are the two strains of ‘developing’?
o Generally 2 strands: 1) operational development 2) change of use
what things are not ‘developing’?
Matters which are not ‘developments’ (i.e. do not require PP):
o Maintenance, improvement or alteration which affects only the interior or does not materially affect the external appearance
o Some changes of use
when does change of use not require PP?
Change of use within the same Use Class do not require PP (i.e. from clothes shop to restaurant as both are within class E)
when does change of use require PP?
Change of use from one Use Class to another or to/from Sui Generis will require PP, unless PP is automatically granted (see: matter which do not require express PP)
what is Use Class Order B in England?
o B2 – general industrial
o B3 – storage and distribution
what is Use Class Order C in England?
C – residential uses
C1 – hotels
C3 – dwelling houses
C4 – multiple houses in occupation
what is Use Class Order E in England?
E – commercial, business and service
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 offices to carry out any operational or administrative functions and research and development.
what is Use Class Order F in England?
F – local community and learning
F1 – learning and non-residential institutions
F2 – local community (including shops selling essential goods in premises not exceeding 280m2 with no other such facility within 1000m)
what is Use Class Order A in Wales?
o A1 – shops
o A2 – financial and professional services
o A3 – food and drink
what is Use Class Order B in Wales?
o B1 – business
o B2 – general industrial
o B8 – storage and distribution
what is Use Class Order C in Wales?
C – residential uses:
C1 – hotels
C2 – residential institutions
C3 – dwelling houses or main residence
C4 – homes in multiple occupation
C5 – dwelling houses not sole or main residence
C6 – short term lets
what is Use Class Order D in Wales?
o D1 – non-residential institutions
o D2 – assembly and leisure
what does PP usually state as to timing?
PP usually states a time it has to implemented (i.e. started) within:
o England 3 years from date of permission
o Wales 5 years from date of permission
what is sui generis? give examples
uses which could have a potentially adverse impact on locality i.e. entertainment establishments (eg. cinemas, bingo), drinking establishments, hot food takeaways
what is the general rule on the duration of PP?
- General rule once obtained PP & any conditions run with the land and, once implemented, last forever (unless a completion notice is served)
when must PP usually be implemented by in England and Wales?
o England 3 years from date of permission
o Wales 5 years from date of permission
what happens if PP is not implemented within the timescale provided?
- If PP is not implemented within this time, it will lapse and obtained again
what is the position as to the PP completion date?
- PP don’t generally state a completion date, but if the Local Planning Authority think completion won’t take place in a reasonable time, they can serve a completion notice which states the PP will cease to have effect if completion has not taken place by a given date (completion notices are rare)
what will a LA do if they think a project will take too long?
- PP don’t generally state a completion date, but if the Local Planning Authority think completion won’t take place in a reasonable time, they can serve a completion notice which states the PP will cease to have effect if completion has not taken place by a given date (completion notices are rare)
what must be considered as well as PP?
- The application will need to obtain other relevant permissions and PP does not confer a right to breach an enforceable covenant
when is PP not required?
- PP is automatically granted in some cases (i.e. no need to apply) under Town and County Planning (General Permitted Development) Order (England GDPO 2015) (Wales GDPO 1995)
what are common ‘permitted’ developments?
Most common GDPO ‘permitted developments’ are:
o Developments within the curtilage of a dwelling house (i.e. extensions below a certain size);
o Minor operations (i.e. painting or installation of CCTV)
o Specified changes between use of classes; and
o Changes from certain sui generis uses
how can ‘permitted developments’ be changed?
- The SOS or LPA can exclude a permitted development by issuing an Article 4 Direction. Solicitor must always check the latest GPDO before relying on automatic PP and make enquiries of the LPA (i.e. local search pre-exchange)
what should a solicitor check before advising as to a ‘permitted development’?
- The SOS or LPA can exclude a permitted development by issuing an Article 4 Direction. Solicitor must always check the latest GPDO before relying on automatic PP and make enquiries of the LPA (i.e. local search pre-exchange)
what enforcement rights do the LPA have?
- LPA has the right to enter a property or ask for information using a Planning Contravention notice to ascertain if there has been a breach of PP.
