Planning Legislation Flashcards
What is planning permission?
- Planning permission is the legal process of determining whether proposed developments should be permitted.
When is planning permission required?
- Planning permission is required for all works which are classified as development such as:
o Construction of new buildings.
o External alterations.
o Structural alterations.
o Demolition.
o Material changes of use between use classes.
When is planning permission not required?
- Planning permission may not be required for certain types of works such as:
o Internal alterations (except mezzanine floors which increase floor space of a retail area by more than 200 square metres).
o Works which do not materially affect the external appearance of the building.
o Permitted developments.
What information is included within a planning application?
- Standard application form.
- Certificate of ownership.
- Design and access statement.
- Location plan.
- Site plan.
- Existing and proposed drawings including plans and elevations of affected areas.
- Additional supporting information depending on the nature of the project such as environmental impact assessments or acoustic surveys.
What is a design and access statement?
- A short report which explains how the proposed development is suitable for the site and its surroundings.
- Explains how the proposed development can be adequately accessed by prospective users.
- May detail key aspects such as scale of development, appearance of development, proposed use of development, proposed access arrangements for development and impact of development on surrounding areas.
What are the timeframes for receiving a planning decision?
- Most planning decisions are decided within eight weeks.
- The planning decisions for unusually large or complex project are decided within thirteen weeks.
- The planning decisions for applications requiring an environmental impact assessment are decided within sixteen weeks.
Briefly outline the planning application process?
- Application is submitted to the local authority.
- Application allocated to local authority planning officer.
- Public and statutory consultation which usually lasts for 21 days.
- Application reviewed by local authority planning officer (site visits undertaken if required)
- Decision issued within 8 weeks for majority of developments, 13 weeks for major developments and 16 weeks for developments requiring an environmental impact assessment.
What are planning uses classes?
- The Town and Country Planning (Use Classes) Order 1987 divides lands and buildings into various categories called ‘Planning Use Classes’ which determine the purpose for which they can be used.
- Changes of use between different use classes may require planning permission unless classified as a permitted development.
- Planning uses classes include:
o A1 – shops.
o A2 – financial services.
o A3 – restaurants and cafes.
o B1 – business including offices.
o C3 – dwelling house.
What is sui generis?
- Sui generis refers to land or buildings which do not fall under any particular use class.
- A change of use to or from a sui generis use will require planning permission.
- Sui generis lands or buildings include:
o Theatres.
o Petrol filling stations.
o Nightclubs.
o Casinos.
What is a permitted development?
- The Town and Country Planning (General Permitted Development) Order 2015 enables central government to permit certain types of development without planning permission.
- Permitted developments include:
o Certain changes of use such as A3 to A1/A2 and A1 to A2.
o Installation of gates, fences, walls or other enclosures below 2 metres in height.
o Installation of CCTV for security purposes.
o Temporary structures which remain for no more than 28 days.
What enforcement action can be taken for failure to comply with planning requirements?
- Retrospective planning application.
- Enforcement notice which details the required action to remedy the breach.
- Injunction.
What are the time limits for enforcement action to be taken for failure to comply with planning requirements?
- Within four years for majority of breaches.
- Within ten years for change of use breach.
- No limitation if person has deliberately concealed unauthorised development.
