Town and Country Planning (Stage 2D) Flashcards
What 3 developments does the Town and Country Planning Act 1990 require a landowner to obtain planning permission on?
- Structural changes
- Carrying out mining
- Material change of use
Are minor internal works considered a “development” for the purpose of the TCPA 1990?
No
What is meant by permitted development?
Rights that allow the improvement or extension of a home without the need to apply for planning permission (such works will have ‘deemed permission’)
Give 3 examples of works which would likely have deemed permission
- Small home extensions
- Porch/conservatory
- Putting up a fence
What does the passing of an Article 4 direction mean?
That a particular development cannot be carried out under permitted development and therefore needs a planning permission.
What are the two types of express planning permission (types that require an application to the local authority)?
- Detailed permission
- Outline permission
What does detailed permission allow?
Allows a development to commence subject to a number of planning conditions
If detailed permission is obtained, the work must be commenced within how many years from the date of permission?
3 years
What does outline permission allow?
Broad permission as to the principle of development subject to reserved matters (e.g. detail of the materials to be used)
If there are reserved matters under outline permission, there will have to be a full application within how many years of the outline permission to obtain approval on these matters?
3 years
For outline permission, within how many years from approval of the reserved matters must work commence?
2 years
What can the local authority do if a development lacks planning permission or fails to comply with a planning condition?
Take enforcement action
Planning problems ___ ____ ___ _______, meaning its no defence that a ________ owner undertook development
run with the property, previous
Within how many years of a breach of unauthorised building works (i.e. lack of planning permission) must a LA serve an enforcement notice?
4 years
Within how many years of a breach of material change of use must a LA serve an enforcement notice?
10 years
What is the time limit for enforcement action by a LA regarding breaches of listed building status?
There is no time limit
Work which does not require planning permission will still require compliance with ________ __________
building regulations
Give 3 examples of actual building work that would be covered by building regulations?
- Installation of windows
- Electrical works
- Installation of a boiler
How long after the date of breach does a LA have to take enforcement action against someone who doesn’t comply with building regulations?
1 year
What can an LA do if the time to bring an enforcement action for non-compliance of building regulations has passed?
Seek an injunction
What can the buyer ask the seller to provide if there’s been a breach of planning/regulations and the relevant enforcement period has passed?
Indemnity insurance
Generally, planning permission is needed for _________ buildings when someone wants to change the use of a building to a use falling with a different use _____
commercial, class
What kind of establishments fall within class E?
Many commercial uses (e.g. shops, businesses, offices)
What kind of establishments fall within class F1?
Non-residential institutions (e.g. educational use, art galleries, law courts)
