SGS 2 - Planning permission and searches

Question 1

What does the case of Cottingham say about building regulations approval?

Answer 1

A solicitor will be held negligent if he has not taken all practical and reasonable steps to obtain copies of the necessary buildings regulations approval

Question 2

What does s36(6) Building Act 1984 say?

Answer 2

No limitation period on enforcing compliance with building regulations

Question 3

What is the enforcement period for carrying out building works without planning permission? Give the stat ref

Answer 3

4 years from completion of the works s171B(1) TCPA (unless you conceal the works)

Question 4

What is the enforcement period for change of use of a building to a single dwelling house without planning permission?

Answer 4

4 years from the change of use s171B(2) TCPA

Question 5

what is the enforcement period for any other change of use without planning permission?

Answer 5

10 years from the change of use S171B(3) TCPA

Question 6

what is the enforcement period for breach of condition of planning permisison?

Answer 6

10 years from the breach of condition s171B(3) TCPA

Question 7

What is the limitation period for building works done to a listed building without listed building consent?

Answer 7

NO limitation on the enforcement period

Question 8

If there was a river or stream running through the property, what search would you do and what would this reveal?

Answer 8

A waterways search. This might reveal info such as who is responsible for upkeep of the riverbanks. This would NOT reveal info about flooding - a desktop environmental search would reveal flooding risk/ any subsistence due to flooding.

Question 9

If you wanted to know whether the property was connected to a mains water supply; or whether surface water drained to a public sewer, what search would you do and who would this raise enquiries with?

Answer 9

You would do a drainage and water search and this would raise enquiries with the water services provider for that locality e.g in London - Thames Water

Question 10

If you wanted to know whether the property was subject to any common rights, what search would you do?

Answer 10

CON29O search. Need to look at point 22.1 and if the answer is ‘No’ that is fine.

Question 11

What does the case of Ladenbau say with respect to common land rights?

Answer 11

A solicitor will be held negligent for failing to make a search of the common land register if the location of the property indicates a search should be done.

Question 12

When might you do a CON29M search and why?

Answer 12

If the property is situated on a former/current mining area to see if there is any subsistence or likelihood of subsistence due to such mining activity

Question 13

Which section of TCPA 1990 says that planning permission is required for ‘development’?

Answer 13

s57(1)

Question 14

Which section of TCPA 1990 says the meaning of development includes: the carrying out of building works, or a material change of use in the property?

Answer 14

s55(1)

Question 15

Which section of TCPA 1990 defines the meaning of building works and what does this include?

Answer 15

s55(1A)

• demolition of buildings
• rebuilding
• structural alterations or additions to buildings
• other operations normally carried on by a builder

Question 16

What does s55(2)(a) TCPA say doesn’t count as building works?

Answer 16

maintenance or improvement works, or any other works which only affect the interior of the building or do not materially affect the external appearance of the building