U2. Planing Matters Flashcards
When is planing permision required?
Planning permission is required for ‘Development
What is the statutory definition of ‘Development’ for the purposes of when planing permission is required?
Development ‘means the carrying out of building, engineering, mining or other operations in, on, over, or under land, or the making of any material change in the use of any buildings or other land’.
What is development for the purposes of planing permission being required?
- The Carrying on of building works
(including demolition, rebuilding, structural alterations or additions (eg extensions), or any other operations normally undertaken by a builder)
- Making a material change of use
What are the matters that do not constitute development?
- Improvements to the inteirior that do no affect the external appearance
- Incidental Use - Any use incidental to the enjoyment of the dwellinghouse
- Non Material Changes of Use (Ie primary use still within the same use class)
What are the 4 main use classes?
B - General Industrial (B2) and Storage or distribution (B8)
C - Residental Use (including hotels, houses, residential institutions, and houses in multiple occupations)
E - Commercial, business, and service (not including hot food takeaways)
F - Schools, places of learning and/or worship and non-residential institutions and community facilities
What is the propsed new use does not fall within one of the use classes?
Express planning permision wil ALWAYS be required
What if the proposed new use is not within the same use class?
Express planning permission is USUALLY required unless it comes under a permitted development (Matters that do not require express planning permission.)
Give examples of some uses that do not fit within a use class
- If the proposed new use does not fall within one of the use classes, Express Planning Permision will always be required.
- Pubs, Bars, Night Clubs
- Food takeaways
- Bingo Halls, Cinemas, Concerts, Dance Halls and music venues
What are the 3 types of development that do not requires express planning permission, known as permitted developments?
- Small Extensions, improvenets or other alterations within the curtilage of a dwelling house
(Such as adding a porch, extension, or conservatory)
- Minor Operations (Such as painting the exterior or erecting fences)
- Certian Changes between use classes.
(ARTICLE 4 DIRECTION MUST NOT BE IN PLACE)
What is an Article 4 Direction and What is its significance?
An Article 4 Direction revokes the automatic permission for permitted developments.
This will be revealed in the local search results.
How is planning law enforced?
The local authority may enter the property and/or issue a planning contravention notice, which is a request for information about any operations or activities on the property and potential breaches of planing control.
If there has been a breach, the local authority may issue:
* 1. A completion of Notice * 2. Enforcement Notice * 3. Stop Notice * 4. Breach of Condition Notice , or 5. Request an injunction
What can the local authority issue if there has been a breach of planning law?
- A completion of Notice
- Enforcement Notice
- Stop Notice
- Breach of Condition Notice , or
- Request an injunction
What is a Planning Contravention Notice?
This is a request for information about any operations or activities on the property and potential breaches of planning control.
What is a completion notice?
If development has stalled and the local authority is concerned it will not be completed within a reasonable time, they can issue a completion notice requiring it be completed within a specified reasonable time, failing which the planning permission will lapse.
What is an enforcement notice?
○ If there has been a breach, an enforcement notice will be issued specifying the breach and what steps are required to remedy it / which activites are to cease.
○ It must be served on the owner, occupier, and anyone with an interest in the property.
It will take effect not less than 28 days after issue. Non compliance is a criminal offence subject to a fine, but is appealable.