Planning Permission and Building Regulation

Question 1

When is planning permission needed?

Answer 1

When there is development on the land, unless it falls within certain exceptions such as:
- building works that only affect the interior of the building
- building works that do no materially affect the external appearance of the building
- change of use that are within the same use class

Question 2

Different use classes

Answer 2

• General industrial
• Hotels
• Residential institutions
• Dwelling houses
• Commercial, business and service
• learning and non-residential institutions
• local community
• sui generis (each one is its own class): theatres, amusement arcades, launderettes, fuel stations, pubs and nightclubs, takeaways, concert halls

Question 3

GPDO

Answer 3

GPDO allows certain development without planning permission. Operates like a general planning permission.

Question 4

Article 4 direction

Answer 4

GPDO can be excluded or amended by an article 4 direction - in which case the proposed development will need planning permission.

Should make an enquiry of the local authority whether the GPDO has been excluded. Part of the local search.

Question 5

Certificate of lawfulness

Answer 5

If unsure about whether development falls within the GDPO, possible to apply for a certificate of lawfulness. Not planning permission but confirms that the work either does not constitute “development” or if it does, that it falls within the GPDO.

Question 6

What is a conservation area?

Answer 6

Areas of special historic or architectural interest, the character or appearance of which is desirable to preserve or enhance. LA is under a duty to designated conservation areas within its locality.

Effects:
- GPDO will be restricted so changes to external appearance may be restricted
- Planning permission is needed to demolish an unlisted building within a conservation area
- In wales, conservation area consent is needed to demolish unlisted building within a conservation area
- consent is needed to cut back or cut down trees

Question 7

What are building regulations?

Answer 7

They apply to building work, including:
- erection or extension of a building
- installation or extension of a service or fitting that is controlled under the Building regulations
- work required where there is a material change of use of the whole building

regulate issues that affect health and safety, such as structural integrity of the building, fire escapes, water supply, stairways etc

Question 8

Consent and approval of building regulations

Answer 8

Before work is carried out: building regulations consent is needed.

Work may be inspected by a building control inspector who will issue a building regulations certificate of compliance if the work is in accordance with building regulations.

• some schemes have self certification (window installers), they will then lodge the certificate with the local authority.

Question 9

Breach of planning permission

Answer 9

When:
1. a development has taken place without planning permission; or
2. a condition of planning permission has been breached

Question 10

Enforcement options for a breach of planning permission

Answer 10

• enforcement notice
• stop notice
• breach of condition notice
• injunction

Question 11

Planning permission: enforcement notice

Answer 11

Local authority gives 28 days notice that:
- land must be restored to the condition it was in before unauthorised development; or
- comply with any conditions or limitations imposed by planning permission

After 28 days, land owner may be fined and the local authority can enter the land to carry out the work, recovering its expenses from the land owner

Question 12

Planning permission: stop notice

Answer 12

Local authority can serve a stop notice only after serving an enforcement notice - requires that specified activity stops immediately

Cannot prohibit use as a dwelling house or any activity that has been carried out for more than four years

Question 13

Breach of condition notice

Answer 13

Similar to an enforcement notice but only concerned with breach of conditions or limitations to planning permission

Question 14

Injunction

Answer 14

Local authority can apply to court for an injunction, but it is discretionary and local authority needs to show good reason

Question 15

Enforcement time limits for planning permission

Answer 15

Time limits apply to all actions LA can take:

4 years:
- building works - starting with the date on which the building works were “substantially completed”
- change of use to single swelling house - starts with the date the use was begun

10 years:
- other changes of use
- breach of planning condition (starts running from the breach ie to only use extension for restaurant and a year after built uses it for takeaways)

Question 16

Building Regulations Enforcement options

Answer 16

Prosecution: can prosecute up to two years after completion of the building work - has six months to prosecute after discovering breach

If carried out on or after 1 October 2023: unlimited

Enforcement notice: One year after completion to serve an enforcement notice (28 days to alter or remove the works)

If carried out on or after 1 October 2023: 10 years

Injunction: no time limit BUT work must be unsafe.

Question 17

Options available to buyer on discovering breach of planning or building regulations

Answer 17

1. Withdraw from transaction (drastic and most cases not necessary)
2. Obtain indemnity insurance for breaches - this will only cover financial loss for enforcement, will not cover personal injury or death if there are health and safety concerns
3. Invite seller to regularise matter before completion whether by removing or altering work. Can be a term of the contract on exchange.
   In some circumstances seller may be able to obtain:
   - retrospective planning permission for development
   - regularisation certificate for works that did not have building regulations approval but otherwise comply