Property (Planning) - Planning Permission (1) Flashcards
What is planning permission?
Planning Permission: Planning permission is the conditional consent of a local authority to develop land in some way. It is distinct from any covenants over the land - neither overrides the other (s56 Town and Country Planning Act 1998).
What is the definition of development?
Development: Planning permission is required in respect of ‘development’ as defined under the TCPA.
Definition
Definition: Development is either: a) operational; or b) a material change of use… subject to exclusions.
(1) Operational: Building, engineering, mining, or operations (BEMO).
(2) Material Change of Use: A change of use of the property (i.e. house to shop).
Exclusions
Exclusions: Certain actions are excluded from the statutory definition of development, so do not require permission.
(1) Minor and Interior Works: Works to maintain and improve the property, provided they do not materially affect the external appearance of the building.
(2) Use Class Order: Change of use within the same ‘Use Class’ under the Use Classes Order 1987 is not development, such as a bookshop to a stationers (Use Class Order 1987).
>Permission is required if of ‘Sui Generis’ use, meaning affecting the neighbourhood (i.e. takeaways and pubs).
How is planning permission applied for?
Application for Permission: Planning permission is required for statutory development. There are two grounds.
(1) Automatic: Permission may be granted automatically (below).
(2) Benefit: Otherwise, the proposal must benefit the land and all persons interested in it. Long application process.
Implementation Date
Implementation Date: Permission will stipulate an ‘implementation date’.
(1) Condition: This is the date by which work must start. Once implemented, permission runs with the land forever.
(2) Length: This is 3 years (England) and 5 years (Wales).
Completion Date
Completion Date: Permission will not stipulate a date of completion, unless the local planning authority believes that completion is not likely to occur within a reasonable time.
How is planning permission automatically granted?
Automatic Planning Permission: Certain developments are automatically granted planning permission by statute.
General Permitted Development Order
General Permitted Development Order: The following developments are typically granted automatic planning permission under the General Permitted Development Order (for England or Wales).
(1) Reasonable Extensions: Residential extensions within a certain size/curtilage.
(2) Minor Exterior Works: Minor works affecting exterior appearance (i.e. CCTV).
(3) Use Classes: Changes between certain different use classes/sui generis uses may be granted (i.e. cafe to shop).
Article 4 Direction
Article 4 Direction: Automatic permission may be excluded by Article 4 Direction, as ordered by the Secretary of State for Town and Country Planning.
(1) Search: This is found in the Local Search (CON29).
(2) Effect: Permission will need to be sought for the ‘benefit’ of land.
What additional planning restrictions are there for listed buildings?
Listed Buildings: Listed buildings are subject to additional planning regulations.
(1) Status: Listed buildings are those of special architectural or historical interest as determined by the Department of Culture and Historic England/Welsh Ministers. Buildings are listed as Grade 1, 2*, and 2.
(2) Protection: This covers the building and any object that has fallen within the curtilage of the land since 1 July 1948.
(3) Regulations: Additional permission is required in respect of altering the property in any way, and the GPDO does not apply.
What additional planning restructions are there for conservation areas?
Conservation Areas: Conservation areas are subject to additional planning regulations.
(1) Status: Conservation areas are areas of special architectural or historic interest with a character and appearance which is desirable to preserve or enhance.
(2) Protection: This covers all desirable ‘character and appearance’ features in the designated area.
(3) Regulations: External alterations require additional permission. Permission to alter protected trees must be sought from the LPA at least 6 weeks in advance.
What should be done if it is difficult to establish whether permission is required or automatic?
Certificate of Lawfulness: It can be difficult to establish whether permission is required or automatic. This can be confirmed by the LPA in a ‘Certificate of Lawfulness of Proposed Use or Development’ (s192 TCPO 1990).
(1) Application: Application setting out proposals is made to the LPA prior to implementation.
(2) Response: The LPA must certify that permission is not required or is automatic, or that express permission is required.
What happens if there has been a breach of planning requirements?
Breach of Planning Requirements: Failure to obtain planning permission, or breach of planning conditions, can incur a number of enforcement remedies by the local planning authority.
(1) Liability: Liability falls strictly on the property owner, even if they did not commit the breach personally.
Limitation Period
Limitation Period: Limitation periods differ by type of development or property and whether the breach occured in England or Wales.
(1) Enforcement action: In England, 10 years of alleged breach.
(2) Operational breach (e.g. building works): In England, if the breach took place before 25 April 2024, it is 4 years. If the breach to place after this date, the limitation period is 10 years. In Wales, it is 4 years from breach regardless of date.
(3) Single dwelling house: Same as above for England. Same as above for Wales.
(4) Listed Buildings: There is no time limit to bring enforcement action.
Inspection and Notice
Inspection and Notice: The LPA is entitled to monitor compliance through inspection and notice.
(1) Inspection: The LPA has right to entry by notice to inspect compliance or breach.
(2) Information: The LPA can serve a Planning Contravention Notice, which obliges the occupier to provide information on operations and activities.
Enforcement Notice
Enforcement Notice: The LPA can serve enforcement notices on the occupier or an interested party in the land. The notice specifies the breach and demands remedy within a specified time scale.
(1) Enforcement Notice: Served for failure to obtain permission, requiring remedy within 28 days.
Appeal: Any interested party can appeal.
(2) Breach of Condition Notice: Served for breach of a planning condition, requiring remedy within 28 days.
Appeal: No right of appeal.
(3) Enforcement Warning Notice: In Wales, served for failure to obtain planning permission if there is a reasonable prospect permission would be granted on application, requiring application within a specified time period. In England, this can be issued where it appears there has been a breach of planning control and the enforcement warning notice is an invitation to the recipient to regularise the breach by applying for a retrospective planning permission.
Stop Notice
Stop Notice: Stop notices prohibit the activities that constitute the breach of planning permission for 28 days, the time by which enforcement notices require remedy. They must be served alongside enforcement notices.
Injunction
Injunction: Injunctions may be sought at court if necessary and urgent.
Planning Enforcement Order
Planning Enforcement Order: An LPA can apply to a magistrates court for a planning enforcement order to enable enforcement action to be taken when the statutory time limits have expired and the breach of planning control has been concealed.
