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(APD) Freehold > Planning Permission and Building Regulation > Flashcards

Planning Permission and Building Regulation Flashcards

1
Q

In what search will planning permissions granted or rejected be shown in?

A

Local Search (LLC1 & CON29)

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2
Q

What is the limitation of the Local Search (LLC1 and CON29) re planning permission?

A

Only show planning permissions granted / rejected NOT pending

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3
Q

What 3 questions re planning permission should the buyer’s solicitor check for a buyer looking to undertake ‘Development’?

A

(1) Is there an existing planning permission?
(2) Are there any CONDITIONS ATTACHED pose a problem for the buyer?
(3) EXISTING BREACHES of planning permission (where action taken against buyer post-completion)?

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4
Q

What is the GENERAL RULE about when planning permission is required for ‘Development’?

A

Development requires planning permission

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5
Q

What is ‘Development’? List 2 key features.

A

(1) Building
(2) Material change of use

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6
Q

What are the 3 exceptions to what is considered ‘Development’ (i.e. planning permission NOT required)?

A

(1) INTERIOR work
(2) NOT materially affect exterior of building
(3) Change of use within the same class

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7
Q

What class in planning law are residential homes and hotels?

A

C

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8
Q

What class in planning law are general industrial premises and storage / distribution?

A

B

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9
Q

What class in planning law are schools, community centres and places of worship?

A

F

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10
Q

What class in planning law are businesses (including restaurants)?

A

E

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11
Q

What are 3 examples of ‘sui generis’ properties that will ALWAYS require planning permission?

A

(1) Pubs
(2) Nightclubs
(3) Hot food takeaways

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12
Q

If work is constituted a ‘Development’, will planning permission be required and what is the exception to this?

A

Planning permission required UNLESS work is a ‘Permitted Development’ (GPDO)

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13
Q

(1) What is the effect of a Development being a ‘Permitted Development’ (GPDO)?

(2) What are the 3 exceptions to this?

A

Planning permission will be automatically granted UNLESS:
(a) Article 4 Direction
(b) Listed Building
(c) Conservation Area

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14
Q

What pre-contract search will show if there is an Article 4 Direction, Listed Building or Conservation Area?

A

Local Search (LLC1)

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15
Q

What are the 4 main remedies for breaches ./ failure to obtain planning permission available to the Local Authority?

A

(1) Enforcement Notice
(2) Stop Notice
(3) Breach of Condition Notice
(4) Injunction (most extreme cases ONLY)

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16
Q

What remedy is most likely to be issued for a failure to obtain planning permission?

A

Enforcement Notice

17
Q

What is the effect of an ‘Enforcement Notice’?

A

Property is returned to its previous condition within 28 days (after issue)

18
Q

(1) If the Local Authority wants to bring activities in breach of planning permission to an end EARLIER, what can it issue?

(2) What is the condition for issuing this?

A

(1) Stop Notice

(2) Enforcement Notice must have been issued first

19
Q

(1) What is the time limit for the LA to take action for obtaining NO planning permission?

(2) What is the exception to this?

A

(1) 4 years from date of SUBSTANTIAL completion

(2) Breach deliberately concealed

20
Q

(1) What is the time limit for the LA to take action for a breach of a CONDITION of planning permission?

(2) What is the exception to this?

A

(1) 10 years from DATE OF BREACH

(2) Breach deliberately concealed

21
Q

(1) What is the time limit for the LA to take action for a MATERIAL CHANGE OF USE?

(2) What is the exception to this?

A

(1) 10 years change of use

(2) Change to a ‘dwelling house’ - 4 years

22
Q

What can the buyer’s solicitor request of a seller who has breached planning permission?

A

Indemnity insurance

23
Q

(1) What issues does ‘Building Regulation’ deal with?
(2) Does it apply to ‘Permitted Developments’ and interior work

A

(1) Health and safety

(2) Yes - applies to ALL buildings

24
Q

(1) After inspecting compliance with Building Regulation, what will the Local Authority issue?

(2) What pre-contract search will this appear in?

A

(1) Certificate of Compliance

(2) Local Search

25
Q

What are the main 3 remedies available to a Local Authority for breach of Building Regulations?

A

(1) Enforcement Notice
(2) Prosecution
(3) Injunction

26
Q

What is the time limit for the LA to issue an Enforcement Notice for breach of Building Regulation?

A

1 year from COMPLETION of works

27
Q

What is the time limit for the LA to Prosecute for breach of Building Regulation?

A

2 years from date of COMPLETION

28
Q

What is the time limit for the LA to issue an injunction for breach of Building Regulation?

A

NO time limit

29
Q

What 2 remedies can a buyer’s solicitor request of a seller who has breached BUILDING REGULATION?

A

(1) Regularisation Certificate (retrospective approval from the LA)

(2) Indemnity Insurance

30
Q
A

(APD) Freehold (10 decks)

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