Town and Country Planning (Stage 2) Flashcards
What does the Town and Country Planning Act 1990 govern?
The development of land in England and Wales. Requires planning permission to develop.
How does the Town and Country Planning Act 1990 define the “development” of land?
- Building, engineering, or mining on the land
- Making a material change of use of any buildings on the land
Deemed v Express Planning Permission
DEEMED: There are some developments that are deemed permitted (e.g., small extensions, porches, fences), UNLESS excluded by the local authority via an Article 4 Direction.
EXPRESS: Property owner must make an application to the local authority for express planning permission.
Two types:
- Outline Permission
- Detailed Permission
What is “Outline Permission”
A type of express planning permission from the local authority that gives broad permission as to the principle of development on the land, subject to “reserved matters”.
If there are reserved matters:
- Full application must be made within 3 years of the Outline Permission
- Work must start within 2 years of approval of reserved matters.
What is “Detailed Permission”
Submission of full plans to the local authority. Can be subject to conditions.
If Detailed Permission is granted, development must commence within 3 years or it lapses.
Who is liable for any problems with planning permission?
The current land owner
What can the local authority do if development lacks planning permission
It can take enforcement action against the owner:
- Must serve enforcement notice detailing (i) nature of the breach, (ii) steps to remedy the breach, (iii) time to cure.
What is the penalty for breaching an enforcement notice?
- Unlimited fine
- Criminal offence
- Injunction/Stop Notice
How long does the local authority have to serve an enforcement notice for lack of planning permission?
For Unauthorized Building: 4 years from breach
All other breaches: 10 years
What is the time limit for an enforcement action involving a listed building?
No time limit
How long does the local authority have to serve an enforcement action for failure to comply with building regulations?
12 months from breach, but can always get an injunction to bring the property up to standard
