Planning Law Flashcards
Planning permission is required to carry out any ‘development’ of land. What constitutes ‘development?’
‘The carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land’
Two main strands; operational development and material change in use
What will not constitute development and can therefore be done without express permission being sought?
Altering or improving only the interior of a building
Altering or improving the outside without materially affecting its external appearance
Change of use to within the same use class
- Change from a flower shop to bookshop is OK for example
- Change from a hotel to a book shop would require planning permission as this is a change from one use class to another
What is a ‘sui generis’ use and does this require planning permission?
Some uses are classed as ‘sui generis’ (in a class of its own) - uses which could potentially have adverse effects on their locality (cinemas, pubs, hot food takeaways)
Changes to and from a ‘sui generis’ use will always require planning permission
What is the effect of planning permission once acquired?
Once obtained, PP continues to exist for the benefit of the land and of all persons for the time being interested in it
PP, once implemented, runs with the land forever and any conditions attached will burden the relevant land
Will lapse if not implemented within 3 years of date of permission
Some matters are automatically granted planning permission without application. Explain when this might happen
Some things are automatically granted PP by General Permitted Development Orders
- These can be excluded by Article 4 direction, so it is best to check the GDPO to see one doesn’t apply, before relying on automatic PP
Common examples:
- Developments within the curtilage of a dwelling house (extensions of a certain size)
- Painting the exterior of a building or installing a CCTV camera
What can the Local Planning Authority about breaches of planning control?
1) Enforcement notice – served on owner/occupier/person with interest in land, becomes effective after 28 days of service
- Specifies the alleged breach + steps to be taken/activities to be discontinued
- Can be appealed
2) Stop notice – served after an enforcement notice, but within the 28 days before that takes effect
- Brings activities in breach of planning control to an end
- Can serve a temporary one, effective for 56 days in England and 28 days in Wales, allowing time for further investigation
3) Breach of condition notice – similar to enforcement notice, but applies where there is a breach of condition attached to a planning permission
- Cannot be appealed
4) Injunction – LPA can apply to court to restrain an actual or apprehended breach of planning control
- LPA must show an injunction is expedient, necessary and appropriate in the circumstances
What is the time limit for enforcement and who is responsible for rectifying the issues?
Time limit for enforcement action is 10 years from alleged breach
For breaches involving operational development or change of use to a single dwelling house before 25 April 2024, time limit is four years
Failure to comply with notices can result in a fine
Current owner is the one held responsible and not necessarily the person who obtained permission
What is building regulation control concerned with?
1) Building regulations are concerned with the health and safety aspects of buildings being constructed or altered and they control the materials and construction methods used
- Required even if PP granted automatically under GPDO
- Necessary to apply for BR consent for many works carried out to buildings
2) Apply to building control authority, then inspection(s), then certificate of compliance issued
What is the time limit for enforcement of building regulation control?
Can prosecute for breach of building regulations control – no time limit in England
Can serve enforcement notice within 10 years of completion of work, requiring work to be altered or removed
Why are listed buildings and conservation areas special in the context of planning law?
1) Listed buildings
* Building of special architectural or historic interest
- Three grades of listing; Grade 1, Grade 2 and Grade 2
- Once listed, an owner will probably need listed building consent to demolish, alter or extend the building, in addition to planning permission
- Higher the listing, harder to get consent it is
2) Conservation areas are areas of special architectural or historic interest, the character and appearance of which it is desirable to preserve or enhance
- More difficult to make changes to property in an area – might need PP where it wouldn’t be needed otherwise and must give LPA six weeks notice of work planned to a tree, so they can decide if it goes ahead
What is a good summary of things to consider in relation to ‘development?’
Is it development?
(1a) If no, no PP required
(1b) If yes, is it covered by GDPO?
(2a) If no, need to apply expressly for PP
(2b) If yes, is an Article 4 direction in force?
(3a) If no, PP is automatically granted
(3c) If yes, need to apply expressly for PP
Is it possible to apply for a certificate of lawfulness of proposed use or development, to determine if proposals amount to development or come with GDPO
