Property Practice IV Town and Country Planning Flashcards
Meaning of ‘‘permitted development’’
Permission is deemed to be given in this order for the specified works, so this avoids the need to apply for express consent to the local authority
Examples of this types od development covered by permitted development include small home extensions within certain size limits, porches, fences or conservatories.
Can the right of permitted development be revoked?
Yes. the rights do not have to be adopted by a local authority. The local authority can exclude locations such as a conservation area from the permitted development rights by passing an Article 4 Direction.
Under the direction, the owner must apply for express planning permission even to make minor changes
Define outline permission and detailed permission
if without permitted development rights the owner must apply for express planning permission.
Outline permission is a board permission subject to reserved matters (materials must be approved). Approval on reserved matters must be sought within 3 years and work must start within 2 years from approval of the reserved matter.
Detailed permission: complex and costly, involving the submission of the full plan. There will be a number of conditions that bind the development.
Development must start within 3 years of the permission or the permission will lapse.
The enforceability of the breach of planning permission against subsequent buyers
Planning problems run with the property so it is no defence if a buyer buys a property on which planning controls have been breached.
Enforcement time limits regarding unauthorised building works
must be served within 4 years of the breach.
Enforcement time limits regarding breaches other unauthorised building or breach of building regulation
such as a material change of use, must be served within 10 years of the breach,
The time limit for enforcement of listed building breaches?
There is no time limit for enforcement action by a local authority regarding breaches of listed building status. Failure to comply is a criminal offence.
What is a building regulation breach
Building regulations are a series of statutory standards in place to ensure that new buildings and constructions are built according to certain standards.
Define final certificate
A building control officer will inspect the work being carried out at various stages and once satisfied with the completed work, will issue a building regulations completion certificate (final certificate)
Building regulation breach enforcement time limit
The local authority can take enforcement action against a person who does not comply with building regulations within 12 months from the date of the breach
However after 12 months have passed, the local authority may still be able to obtain an injunction to force the owner to bring the property up to standard.
Solution to the discovery of a breach of planning laws or building regulations when the relevant enforcement period has passed
a buyer may ask the seller to provide indemnity insurance at their own cost to deal with the possibility of enforcement.
At this point no one should contact any department in the local authority to discuss a lack of documentation, as this could result in indemniiy insurance being unavailable
How to find out about planning, listing and building regulations?
Local search.
