Planning permission Flashcards
How are developments defined for planning permission purposes?
The carrying out of certain building works on land or material changes in use of the land.
What types of work do not require planning permission?
- Work affecting only the interior of the building
- Work that does not materially affect the external appearance
- Changes of Use in the Same Use Class
What happens if there is a change in letter or number of a use class?
It requires permission
What are ‘sui generis’ classes?
Classes that are their own category, requiring permission for any change
What does the Town and Country Planning Order 2015 (GPDO) allow?
Some development without planning permission such as:
* Small improvements outside the curtilage of a house
* Minor operations like painting
* Certain changes between use classes
How can the GPDO permissions be amended or excluded?
By an Article 4 direction
Article 4 directions enable local authorities to restrict permitted development rights.
What is a certificate of lawfulness?
A formal application to confirm the legality of a development
This certificate provides legal assurance regarding planning issues.
When are planning rules stricter?
- Listed buildings - need listed buildings consent
- Conservation areas - GDPO restricted so any changes require planning permission (e.g cutting down trees)
What is a Planning Contravention Notice?
A request for information about operations or activity - it must be responded to within 21 days.
What are the local authority’s enforcement options?
- Planning contravention notice
- Enforcement notice
- Stop notice
- Breach of conditions
- Injunction
- Planning enforcement order
What does an Enforcement Notice require?
Land must be restored to pre-development or comply with conditions within 28 days. Failure to comply can result in fines and further action by the local authority.
What is a Stop Notice?
This comes after an enforcement notice, and requires an activity to stop immediately.
When can a stop notice not be used?
It cannot prohibit dwelling use or activities that have been ongoing for over 4 years.
What is a Breach of Conditions?
Concerns only breaches of planning conditions
What is an injunction in planning context?
A discretionary remedy used to prevent further breaches
What is a Planning Enforcement Order?
Issued when a breach of planning control has been deliberately concealed
What is the time limit for local authorities to apply for an injunction regarding building works and changes to single dwelling houses completed before 25 April 2024?
4 years
What is the time limit for local authorities to apply for an injunction regarding other changes of use and breaches of planning conditions completed before 25th April 2024?
10 years
What is the time limit for local authorities to apply for an inujunction for any change made after 24th April 2025?
10 yrs
