Pre-contract stage - Planning law

Question 1

What is planning law?

Answer 1

Planning law affects whether a building can be built, altered or extended and specifies the particular use to which property can be put.

Question 2

Breach of planning law - Who will be liable?

Answer 2

Planning matters generally run with the land so any breach of planning would be the responsibility of the owner of the property and any enforcement action could be against the buyer of that property

Question 3

When will you need planning permission?

Answer 3

Planning permission is required for carrying out any development of land. Development = 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

Question 4

What is not development?

Answer 4

1) Interior alterations
2) Building operations which do not materially affect the external appearance of a building
3) A change in the primary use of land or buildings where the before and after use falls within the same class
Do not need planning permission

Question 5

Use classes order

Answer 5

B2 - General industrial
B3 - Storage and distribution
C - Residential uses: Hotels (C1), Dwelling houses (C3), Houses in multiple occupation (C4)
E - Commercial, business and service - E(a) retail sale of goods, other than hot food, E(b) sale of food and drink for consumption on the premises, E(c) financial and professional services, E(g) uses which can be carried out in a residential area without detriment to its amenity including offices to carry out any operational or administrative functions and research and development
F - local community and learning

Question 6

When will planning permission be required in relation to the Use of classes order

Answer 6

Changes of use to another use, or mix of uses within the same use class will not require planning permission. A change of use from one class to another will require planning permission.

Question 7

Enforcement notice

Answer 7

This can be issued where it appears that there has been a breach of any type of planning control and it is expedient to issue the notice in the light of its planning polices for the area. Must be served on the owner, occupier and anyone with an interest. Will become active after 28 days

Question 8

Stop notice

Answer 8

A stop notice can bring activities in breach of planning control to an end before the enforcement notice takes effect. It can therefore be used as a method of enforcement in its own right.

Question 9

Injunction

Answer 9

To restrain an actual or apprehended breach of planning control.

Question 10

Building regulations - Definition

Answer 10

Building regulations are concerned with the health and safety aspects of buildings being constructed or altered and they control the materials and construction methods used

Question 11

A listed building - Definition

Answer 11

A listed building is one that has been included in a list of buildings of special architectural or historic interest. The listing includes the building and any object or structure fixed to the building or within the curtilage of the building

Question 12

A listed building consent order

Answer 12

Once a building has been listed the owner will probably require listed building consent to demolish, alter or extend the building in addition to planning permission.

Question 13

What will a solicitor need to ask?

Answer 13

• Is there a planning permission for the construction of the building or was planning permission not needed?
• Is the building currently being used for its authorised planning purpose?
• Are there any planning conditions which would prevent the buyer’s future use or any proposed alterations?
• Are there any existing breaches of planning law for which action could be taken against the buyer after completion?
• Have any works been done which would have required building regulations consent?
• Is the building listed or in a conservation area?

Question 14

Building regulation control

Answer 14

Covers the construction and extension of buildings

Question 15

When is planning permission needed

Answer 15

In respect of any activity which constitutes development. Development includes the making of any material change in the use of any buildings or other land. A change of use to a use within the same land class does not amount to a material change of use and is therefore not development

Question 16

Automatic planning permission under GPDO

Answer 16

Developments within dwelling house e.g extensions don’t need express planning permission