Planning Law Flashcards
What is planning law, and why is it important?
Planning law governs:
- Development Control: Determines if a building can be constructed, altered, or extended.
- Land Use: Regulates the specific uses of land or buildings.
It protects the public interest by ensuring developments align with local plans, prevent inappropriate use, and comply with environmental and safety standards.
- Example: A buyer must verify that a residential property they plan to purchase has valid planning permissions and complies with conditions to avoid enforcement actions.
What is the statutory definition of ‘development’ under Section 55 of the TCPA 1990?
Development includes:
1. Operational Development: Physical operations on land such as building, engineering, or mining.
- Material Change of Use: Significant alteration in how land or buildings are used.
- Development always requires planning permission unless covered by exceptions or permitted development rights.
- Example: Converting a shop into a residential unit or constructing an extension is defined as development.
What activities are excluded from the definition of ‘development’ under Section 55(2) of the TCPA 1990?
Exclusions include:
- Interior alterations that do not materially affect the external appearance of a building.
- Changes of use within the same use class under the Town and Country Planning (Use Classes) Order 1987.
- Example: Changing a retail shop (Class E(a)) to a restaurant (Class E(b)) in England does not require planning permission as both fall under Class E.
What are ‘permitted development rights,’ and how are they regulated?
Certain developments are granted automatic planning permission under the GPDO.
- Common Permitted Developments:
- Small residential extensions (e.g., conservatories).
- Minor works like repainting exteriors or installing CCTV.
- Restrictions: Article 4 Directions can remove these rights in specific areas.
- Example: A homeowner building a conservatory must confirm it complies with size and location limits under the GPDO and that no Article 4 Direction restricts it.
What is a Certificate of Lawfulness of Proposed Use or Development (Section 192 TCPA 1990)?
A certificate confirms that proposed works or changes:
- Do not constitute development.
- Are automatically permitted under the GPDO.(general permitted devlopment order)
- Do not require express planning permission.
- Example: A homeowner applies for a certificate to confirm that a small outbuilding complies with GPDO regulations.
What is the time limit for LPAs to enforce planning control breaches?
Enforcement action must be taken within:
* 4 years: Operational development e.g., building a house, extension, or structure without planning permission) or change of use to a single dwelling e.g., converting a barn into a house without permission).
- 10 years: Change of use other than to a single dewlling .g., converting a house into a shop without permission.
Breach of a planning condition (e.g., operating a business from a home against planning restrictions).
✔ 4-Year Rule: Applies to building works and conversion to a single dwelling.
✔ 10-Year Rule: Applies to change of use (excluding single dwellings) and breach of planning conditions.
✔ After the time limit expires, enforcement action is barred unless fraud/concealment is proven.
✔ Owners can apply for a Lawful Development Certificate if they meet the time limits.
- Example: If an unauthorized bungalow was constructed 5 years ago, the LPA cannot take enforcement action.
What enforcement powers do Local Planning Authorities (LPAs) have for planning breaches?
LPAs can issue:
- Enforcement Notices: Can order demolitations or alterations; Failure to comply is a criminal offence, with fines of unlimited amounts in the Magistrates’ or Crown Court.
The enforcement notice must be served on the owner, occupier and any other person
having an interest in the land, such as a mortgagee, and will become effective 28 days after
service. The enforcement notice must specify the alleged breach and the steps to be taken, or
the activities to be discontinued, in order to remedy the breach and the timescale for this.
- Stop Notices: Temporarily halt unauthorized activities, Used where a serious breach of planning control is causing significant harm, Failure to comply is a criminal offence with potential unlimited fines.
An enforcement notice cannot become effective until 28 days after it has been served and
its effect is suspended if the recipient appeals it, so the LPA can serve a stop notice to bring
activities in breach of planning control to an end before the enforcement notice takes effect.
A stop notice cannot be served as a method of enforcement in its own right; an enforcement
notice must be served first. However, an LPA can serve a temporary stop notice, effective for
28 days only, which gives time for further investigation.
- Breach of Condition Notices: Address violations of planning conditions; no right of appeal.
- Injunctions: Prevent or restrain breaches.
- Example: An LPA issues an enforcement notice to demolish an unauthorized extension built without planning permission.
What is the difference between planning permission and building regulations consent?
- Planning Permission: Controls the location, use, and external appearance of developments.
- Building Regulations Consent: Ensures compliance with health, safety, and structural standards.
- Both may be required for certain works.
- Example: A conservatory may not need express planning permission if permitted under the GPDO but still requires building regulations consent for structural safety.
What are the planning considerations for listed buildings?
A listed building is a building or structure of special architectural, historical, or cultural importance that is legally protected under UK law. This means that any changes, renovations, or demolitions must be approved by the local planning authority to preserve its heritage value.
Listed buildings require:
* Listed Building Consent: For any demolition, alterations, or extensions, even for internal changes.
- Planning Permission: If works involve development outside permitted rights.
- Restrictions apply based on the building’s grade (Grade I, II*, II).
- Example: Adding a skylight to a Grade II listed property requires both listed building and planning permissions.
What restrictions apply in conservation areas?
Conservation areas impose additional controls, including:
* Restrictions on changes to external appearances.
* Planning permission for demolition.
* Notification requirements for tree works 6 weeks in advance
* Example: Replacing windows in a property within a conservation area may require planning permission, even if similar works would not require it elsewhere.
What key questions should solicitors ask about planning compliance in a property transaction?
- Does the property have valid planning permission for its construction and use?
- Are there breaches of planning law?
- Are there planning conditions restricting future use or alterations?
- Have building regulations consents been obtained for all works?
- Is the property listed or within a conservation area?
* Example: A buyer’s solicitor checks whether a seller obtained planning permission for a recently added conservatory.
What is an Article 4 Direction, and how does it affect permitted development rights?
- Allows LPAs to restrict permitted development rights in specific areas.
- Common in conservation areas or areas of special interest.
- Requires express planning permission for works otherwise permitted under the GPDO.
- Example: An Article 4 Direction may require planning permission for even minor changes like replacing a front door in a conservation area.
