Property 5: Stage 2 Town and Country Planning

Question 1

Can you overcome restrictive covenants on building on land by obtaining planning permission?

Answer 1

No obviously not

Question 2

When is planning permission required?

Answer 2

For development:

1. building, engineering, mining or other operations (in, over or under land)
   - structural changes or additions to exiting building
   - building something new
2. material changes to use of land
   - conversion or house to flats
   - house to shop

Question 3

How can planning permission be given?

Answer 3

1. Deemed
   - for permitted developments (small extensions, porches, fences, conservatories)
   - can be misapplied by local council by passing Art. 4 Direction
2. Express
   - must make application to local council

Question 4

What are the types of express planning permission (general)?

Answer 4

Outline Permission
- gives broad permission to principle of development subject to reserved matters

Detailed Permission
- submission of full plans
- approval like subject to conditions (that can continue after development )

Question 5

Requirements and rules for outline planning permission?

Answer 5

Outline Permission
- gives broad permission to principle of development
- unless there are reserved matters which must applied for fully within 3 years of outline permission

• work must start within 2 years of approval of reserved matters

Question 6

Requirements for Detailed permission?

Answer 6

submission of full plans for approval
- approval like subject to conditions (that can continue after development )

Work must start within 3 years of date of permission

Question 7

When can enforcement action be taken relating to planning permission and who is liable?

Answer 7

Can be taken against current owner/occupier if:
- done without permission
- done too late (permission lapsed)
- failure to comply with conditions

Question 8

What is the process and time limit for enforcement action relating planning permission?

Answer 8

Local Authority must serve notice (specify breach, steps to remedy and timelimit)

1. unauthorised building works
   - within 4 years of breach
2. Other breaches (material change of use, failure of condition)
   - notice served within 10 years of FIRST breach
3. Listed Buildings (breach of listed building status)
   - no limit of enforcement and criminal offence

May also get injection to stop an ongoing breach (stop building project)

Question 9

What planning permission is required for listed building?

Answer 9

Planning permission and listed building consent

Applies to the building itself AND any structures or land around the building.

Question 10

How can you know if building is listed and what should you advise client to do?

Answer 10

Seller should supply notice of listing in contract package

Otherwise can check online

Should advise client to have full structural survey done

Question 11

What are building regulations and how can you stay compliant?

Answer 11

Must be complied with when carrying out developmental works
- even if no planning permission is required

Compliance
- control officer to inspect work; and
- issue building compliance certificate

Question 12

What types of things does building regulation cover?

Answer 12

• building works
• installation of windows
• electrical works
• installation of boiler

Question 13

What enforcement action can be taken for breach of building regulation and time limit?

Answer 13

Enforcement action can be taken within 12 months of breach against the PERSON

Injection to force OWNER to comply with regulation indefinitely

Question 14

What must a buyers solicitor do in relation to building and planning regulations?

Answer 14

Obtain copies of planning permission and building regulation certificates

Advise buyer of risk if these are not obtained

Solution
- indemnity insurance at seller’s expense
- DO NOT contact local authority about this or insurance will not be available

Question 15

How can you get information on planning permission, listed building status and building regulation?

Answer 15

If not given by seller then through local search

Will also reveal any enforcement action which has been taken or is being taken

Question 16

Is planning permission need for change of use clauses in leases?

Answer 16

Commercial leases only
- property put in use class
- planning permission is need to change between use classes (not within)
- so landlord cannot simply allow them to change it must be local authority

Question 17

What are the use classes?

Answer 17

Class E (general commercial and health)
- shops
- financial and professional services
- food and drink
- business (office, light industrial ect.)
- medical and health and nurseries
- sport and leisure

Class F1 (public/education/religious nature)
- education
- museum
- public library, execution hall
- law courts
- religion

Class F2
- small shop selling essential goods AND 1km away from similar shops, community halls and sports complexes

Question 18

Is planning permission NOT needed for change of use within same use class? Also Exceptions?

Answer 18

Change in Use Class
- permitted development meaning that planning permission is DEEMED to have been given

EXCEPTIONS
- permitted development removed for listed buildings and within conservation areas
- local council can ALSO remove it through Article 4 Declaration

Question 19

Extent of Permitted Development

Answer 19

Same as Deemed Permission

Residential
- applies to small development such as non-structural, conservatories and porches
- may not apply in conservation areas (by Art. 4 direction by local authority)
- does NOT apply to material change of use

Commercial
- DOES apply to change of use in same use class
- may not apply in conservation areas (by Art. 4 direction by local authority)