Property Law 3 - Planning

Question 1

When is planning permission not required?

Answer 1

Planning permission is needed whenever there is development on land, unless it falls within certain exceptions, such as:

• building works that only affect the interior of the building; or
• building works that do not materially affect the external appearance of the building; or
• changes of use that are within the same use class (s3(1), The Town and Country Planning (Use Classes) Order 1987

Question 2

What is Sui Generis when it comes to use classes?

Answer 2

Miscellaneous

Question 3

What does a General Permitted Development Order do?

Answer 3

Allows certain development without planning permission

Question 4

If a proposed development is in line with the General Permitted Development Order does that mean its OK?

Answer 4

No - need to check whether the local authority has opted out.

Question 5

How can one check that a planned development is either not a ‘development’ or falls within General Permitted Development Order?

Answer 5

Apply for a certificate of lawfulness - note, this is not planning permission but confirms the proposal falls outside the requirement for planning permission.

Question 6

What is required to demolish, alter or extend a listed building?

Answer 6

Listed building consent

Question 7

What is the effect of having a home in a conservation area?

Answer 7

• The GPDO will be restricted, so changes to external appearance may require planning permission
• In England, planning permission is needed to demolish an unlisted building within a conservation area
• In Wales, conservation area consent is needed to demolish an unlisted building within a conservation area (conservation area consent in England was abolished in 2013)
• Consent is needed to cut back or cut down trees

Question 8

What effect do building regulations have?

Answer 8

Before carrying out work covered by the regulations, building regulations consent is needed.

Question 9

What is a breach of planning control?

Answer 9

development has taken place without planning permission; or a condition or limitation of planning permission has been breached

Question 10

What are local authority’s enforcement options for breach of planning control?

Answer 10

Enforcement notice

Breach of condition notice - Similar to enforcement notice, but only concerned with breach of conditions or limitations to planning permission

Stop Notice

Injunction - Local authority can apply to court for an injunction, but it is discretionary, and local authority needs to show good reason

Question 11

How does an enforcement notice work for breach of planning control?

Answer 11

Local authority gives 28 days’ notice that:

• land must be restored to condition it was in before unauthorised development; or
• comply with any conditions or limitations imposed by planning permission

After 28 days, land owner may be fined and the local authority can enter the land to carry out the work, recovering its expenses from the land owner

Question 12

How does a stop notice work for breach of planning control?

Answer 12

Local authority can serve a stop notice only after serving an enforcement notice – requires that specified activity (for example, an unauthorised use) stop immediately

Cannot prohibit
- use as a dwelling house or
- any activity that has been carried out for more than four years

Question 13

What are the enforcement time limits for breach of planning control?

Answer 13

4 years

• Building works – starting with the date on which the building works were “substantially completed”
• Change of use to single dwelling house – starts with the date the use was begun

10 years

• Other changes of use
• Breach of planning condition

Since April 2024 - 10 years for all

Question 14

What happens if a breach of planning control has been deliberately concealed?

Answer 14

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 15

What are local authority’s enforcement options for breach of building regulations?

Answer 15

Enforcement notice

Prosecution

Injunction

Question 16

What are the time limits for prosecution for breach of building regulations?

Answer 16

Prosecution may take place up to two years after completion of the building work.

six months after discovering breach to prosecute the person responsible for the breach in the Magistrates’ Court. Unlimited fines may be imposed.

Question 17

What are the time limits for an Enforcement Notice for breach of building regulations?

Answer 17

one year after completion of the building work to serve an enforcement notice.

Similar to a planning enforcement notice, this gives the land owner 28 days to alter or remove the work. Again, if the land owner fails to comply, the local authority can undertake the work at the land owner’s expense.

Injunction -If the work is unsafe, then there is no time limit.

Question 18

What are the options available for a buyer on discovering a breach of planning or building regulations?

Answer 18

Withdraw from transaction

Invite seller to regularise matters before completion

• retrospective planning permission for development;
• regularisation certificate for works that did not have building regulations approval but otherwise comply.

Obtain indemnity insurance (usually at seller’s expense) for breaches of planning or building regulations.

However, only covers financial loss for enforcement.

For breaches of building regulations, buyer should be advised of health and safety risk, and policy will not cover claims for personal injury or death.