Planning regulations

Question 1

Planning permission: development

Answer 1

Material change of use or certain building works (excluding interior and those that don’t materially affect external appearance)

Question 2

Planning permission: GDPO

Answer 2

Town and Country Planning (General Permitted Development) Order 2015

Operates like general planning permission for certain development (sets out conditions)

Question 3

Planning permission: Article 4 direction

Answer 3

Disapplies part of the GDPO (‘permitted development’)

Found in conservation areas / listed buildings

Question 4

Planning permission: time limits for enforcement

Answer 4

4 years: change of use to single dwelling house or operational development (building works, starting with the date the works were “substantially completed”)

Within 10 years of: other changes of use starting, breach of planning permission condition begun

Where a breach of planning control has been deliberately concealed, the local authority can apply to a magistrates’ court for a planning enforcement order

Question 5

Planning permission: options for enforcement

Answer 5

Planning enforcement notice: 28 days’ notice that land must be restored to condition it was in before unauthorised development; or owner must comply with any conditions or limitations imposed by planning authority (after this period owner may be fined and LA may enter the land to carry out the work)

Stop notice: can only be used after serving an enforcement notice, requires that specified activity (unauthorised use) stop immediately unless use as dwelling house

Breach of condition notice

Injunction: LA can apply to court, discretionary

Question 6

Planning permission: solutions for breaches

Answer 6

Indemnity insurance

Retrospective planning permission

Comply with the condition

Question 7

Building regulations approval

Answer 7

External or internal works

Full plans and specifications of proposed works must be submitted to get approval, and after works are completed they will be inspected and certificate of compliance will be granted

Question 8

Building regulations: time limit for enforcement

Answer 8

6 months after discovery: prosecution of person responsible (may take place up to 2 years after completion of the building work)

12 months: statutory enforcement (enforcement notice: 28 days to alter or remove work)

No time limit: enforcement action through court injunction if unsafe

Question 9

Building regulations: solutions for breaches

Answer 9

Indemnity insurance

Regularisation certificate

Remedial work if necessary