PLP - Core principles of planning law in England and Wales Flashcards
Statutory definition of “Development”
the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.
- To carry out developments, an application must be made to the LA for express planning permission
Matters that constitute “Development” and require planning permission
Under the Town and Country Planning Act 1990, planning permission is required for any development of land, which includes:
- Making structural changes or additions to a building or building something on a piece of land.
- Carrying out mining operations under land.
- Making any material change of use of any buildings or other land.
- Most work to a listed building requires both planning permission and listed building consent.
*A change of use from one class to another
Matters that do not require express planning permission
1) Changes of use to another use, or mix of uses, within the same use class.
2) Permitted developments
a) developments within the curtilage of a dwelling house (such as extensions below a certain size) and
b) minor operations (such as painting the exterior of a building or installing a CCTV camera).
c) internal works
What is an Article 4 Direction
- Article 4 Direction can exclude locations such as a conservation area from the permitted developments.
- If there is an Article 4 Direction, an application will still be needed for express planning permission
- Therefore, before relying on the automatic planning permission granted by the GPDO, the solicitor should check the latest version of the GPDO and make sure that there is no Article 4 direction negating the relevant concession.
Building regulations control
Purpose: Building regulations are separate from planning permissions and ensure that new buildings and constructions are built according to certain standards and are up to the health and safety standards.
Work which does not require planning permission must still comply with building regulations and obtain building regulation consent.
The following require compliance with building regulations:
* Building an extension.
* Installation of windows.
* Electrical works.
* Installation of a boiler.
Enforcement: Enforcement notice
- Where development lacks planning permission/ fails to comply with a planning condition then the LA can take enforcement action against the owner/occupier of the property
- Planning problems run with the property so a new owner could be liable for problems with works carried out by a previous owner.
Enforcement could include:
* Requiring full compliance with planning laws
* Pulling down or rebuilding according to planning conditions
Enforcement: Stop notice
An enforcement notice cannot become effective until 28 days after it has been served and its effect is suspended if the recipient appeals it, so the LPA can serve a stop notice to bring activities in breach of planning control to an end before the enforcement notice takes effect.
Enforcement: Building Regulations Enforcement
Building control authorities can prosecute for breach of building regulations control.
In Wales, a prosecution must be brought within 2 years of the offence.
In England there is now no time limit for bringing a prosecution.
Enforcement time limits
England
- LPA must take enforcement action within 10 years of the alleged breach or
- 25 years for breaches involving operational development (such as building works) or changing the use of a building to use as a single dwelling house that took place before 25 April 2024.
Wales
- breaches involving operational development (such as building works) or changing the use of a building to use as a single dwelling house, the time limit for enforcement action is within 4 years of the alleged breach.
- The time limit for all other breaches of planning control is within 10 years of the alleged breach.
