PLANNING LAW, BUILDING REGULATIONS AND ENVIRONMENTAL LAW Flashcards
What is the fundamental principle of planning law?
That planning permission is required for any development of land - Town and Country Planning Act s.57(1)
What is development of land defined as ?
TCPA 90 s.55(1)
(1) the carrying out of building, engineering or other operations on or under land. this includes the demolition of builds
(2) the making of any material changes in the use of any buildings or land
How do you determine whether planning permission is required for building works?
If the building works fall within the definition of development and do not count as “permitted developments” planning permission (in which case planning permission would automatically be granted) is required.
- Do the building works fall within the definition of TCPA 90 s.55(1A)
If they do not, no planning permission is necessary - TCPA s.57(1)
Development includes building operations, which include
- demolition, rebuilding and structural alternations or additions
Development does NOT include:
- alterations affecting only the interior of the building
- alterations not materially affecting the external appearance of building
- IS PLANNING PERMISSION AUTOMATICALLY GRANTED?
Planning permission is deemed to have been granted automatically for “permitted developments” which are listed in GPDO 15.
- Private dwellinghouses - enlargements and improvements GPDO Schedule 2, Part 1
- Commercial - erecting a fence and painting a building GPDO 15 Schedule 2, part 2
How do you determine whether planning permission is required for change of use?
- Is it a material change of use (meaning it falls within definition of development)
- TCPA 90 s.55(2)(f) clarifies that where a change of use occurs within same use class, this is not a material change of use and therefore does not fall within the definition.
- use classes are listed in the Town and Country Planning (Use Classes)Order 1987. A material change of use occurs where the use (i.e. purpose) of a property changes from a use listed in one class to a use listed in another - IS PLANNING PERMISSION AUTOMATICALLY GRANTED?
Even if there is a change of use from one class to another, planning permission may still be automatically granted if the change falls under those listed in GPDO 15 Schedule 2, Part 3.
What is the enforcement period for a material change of use?
10 years following the date on which the change of use took effect (TCPA 90 s.171B(3).
If it relates to changes to a dwelling house - enforcement period is 4 years
What is the enforcement period for building works?
if carried out iwthout planning permission - 4 years following substnatial completion of the works per TCPA s.171B(1)
What is the enforcement period for EITHER BUILDING WORKS OR CHANGE OF USE if the breach was concealed?
NO TIME LIMIT FOR ENFORCEMENT.
Enforcement period for breach of planning permission conditions?
10 years from the date of the breach.
What are the consequences for a breach of planning legislation?
The local authority can:
- enforcement order - order to restore the land. there are criminal sanctions if this is not complied with.
- stop notice - order to stop all activities that are in breach
- planning contravention notice - intended to flush out info about potential breaches before an enforcement notice is serviced.
If you, as a buyer’s solicitor’ find out that past building works or changes of use have occurred without planning permission, what should you do?
Request that the seller obtains retrospective planning permission.
This should be made a special condition in the contract for sale .
What is a listed building? What consent is required and what is the enforcement period?
Buildings that have been placed on the Statutory List of Buildings of Special Architectural or Historical Interest
- These require Listed Building Consent in addition to any planning permission.
- No time limit for enforcemennt. A breach carries criminal sanctions and later owners may become liable to restore the building to its original state
What is a conservation area? What consent is required and what is the enforcement period?
areas that are of special architectural or historical interest, the character or appearance of which it is desirable to preserve or enhance,
GPDO 15, which affords automatic planning permission for certain building works, is normally disapplied for properties in conservation areas. They will therefore require planning permission if the property is in a conservation area.
Whether the GDO has been disapplied for the property can be determined by doing an LLC1 search.
What is the enforcement period for building regulations which have not been complied with? What can be done to remedy this?
- no time limit for enforcement. its v important to ensure that building regulations approval has been obtained and complied with for any building that has had works previously carried out
- case of Ottingham v Attey Bower and Jones highlights importance of a solicitor taking all practical steps to obtain copies of building regulations
- can obtain a retrospective “building regulrisation certificate” for building works without approval in the past.
- buyer should make it a special condition of the contract that the seller will obtain one of these if it transpires that the seller has failed to obtain building regulation approval
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Environmental Law - What is a remediation notice?
- Environmental Protection Act 1990
- strict laws relating to pollution and contamination. Applies to owners and sometimes subsequent owners.
A remediation notice - issued by a local authority to an “appropriate person” which means that person is liable to clean up the pollution or contamination.
APPROPRIATE PERSON - CLASS A
- this is the person who caused or knowingly permitted the pollutant to be in the land OR a person who buys the land with knowledge of the pollution or contamination and does nothing to remedy it
APPROPRIATE PERSON - CLASS B
- Person who occupies the relevant property. if no class A person can be found, class B person will be liable for fixing the contamination
