PLP SGS Statutes Flashcards
Where can the principle that planning permission is required be found?
s.57(1) Town and Country Planning Act
1990 (‘TCPA’).
Where can you find the definition of ‘development’?
“Development” is defined in s.55(1) TCPA.
Which SI deals with ‘permitted development’?
The Town and Country Planning (General Permitted Development) (England) Order 2015
(‘GPDO 2015’).
What does Section 55(2)(a) TCPA outline?
Building works which don’t constitute ‘development’.
Where is the list of permitted developments for residential and commercial buildings?
Part 1 of Schedule 2 to the GPDO
2015 for residential (dwelling-house) buildings. Part 2 of Schedule 2 to the GPDO 2015 for commercial buildings.
How can the LPA prevent permitted development?
By making an Article 4 Direction.
What will the buyer have to do if an Article 4 Direction has been made in the area?
In such circumstances, a formal application for planning permission to the LPA would be required after all as permission for the works/material change of use would not be deemed to be granted automatically.
Where can you find the definitions of the different classes of property?
In the Town and Country Planning (Use
Classes) Order 1987.
Where is the statute which permits a property to transition from one class to another?
Part 3 of Schedule 2 to the GPDO
2015.
Where can the time limits for enforcement action be found?
Section 171B TCPA.
What is the time limit for works which have been carried out without Listed Building Consent and for buildings in conservation areas?
Unlimited.
What must a person do in order to carry out building works?
Submit full plans or serve notice on the local authority Building Control Service before such works
commence and begin works within three years of
the Building Regulations approval.
Upon completion of building works, what happens?
The local authority will inspect and then issue a certificate of compliance with building regulations. This is called a Building Regulation Completion Certificate. A single fee is payable for obtaining approval and the issue of the certificate.
If you’re a buyer and you want to know if the seller has obtain building regulation approval, what should you ask him to do?
The seller should be asked in the contract to obtain a Regularisation Certificate from the local authority before completion.
Where can the definition of contaminated land be found?
78A (2) Environmental Protection Act 1990.