U2. Planing Matters Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

When is planing permision required?

A

Planning permission is required for ‘Development

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2
Q

What is the statutory definition of ‘Development’ for the purposes of when planing permission is required?

A

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’.

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3
Q

What is development for the purposes of planing permission being required?

A
  1. The Carrying on of building works

(including demolition, rebuilding, structural alterations or additions (eg extensions), or any other operations normally undertaken by a builder)

  1. Making a material change of use
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4
Q

What are the matters that do not constitute development?

A
  1. Improvements to the inteirior that do no affect the external appearance
  2. Incidental Use - Any use incidental to the enjoyment of the dwellinghouse
  3. Non Material Changes of Use (Ie primary use still within the same use class)
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5
Q

What are the 4 main use classes?

A

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

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6
Q

What is the propsed new use does not fall within one of the use classes?

A

Express planning permision wil ALWAYS be required

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7
Q

What if the proposed new use is not within the same use class?

A

Express planning permission is USUALLY required unless it comes under a permitted development (Matters that do not require express planning permission.)

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8
Q

Give examples of some uses that do not fit within a use class

A
  • If the proposed new use does not fall within one of the use classes, Express Planning Permision will always be required.
  1. Pubs, Bars, Night Clubs
  2. Food takeaways
  3. Bingo Halls, Cinemas, Concerts, Dance Halls and music venues
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9
Q

What are the 3 types of development that do not requires express planning permission, known as permitted developments?

A
  1. Small Extensions, improvenets or other alterations within the curtilage of a dwelling house

(Such as adding a porch, extension, or conservatory)

  1. Minor Operations (Such as painting the exterior or erecting fences)
  2. Certian Changes between use classes.

(ARTICLE 4 DIRECTION MUST NOT BE IN PLACE)

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10
Q

What is an Article 4 Direction and What is its significance?

A

An Article 4 Direction revokes the automatic permission for permitted developments.

This will be revealed in the local search results.

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11
Q

How is planning law enforced?

A

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
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12
Q

What can the local authority issue if there has been a breach of planning law?

A
    1. A completion of Notice
    1. Enforcement Notice
    1. Stop Notice
    1. Breach of Condition Notice , or
  1. Request an injunction
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13
Q

What is a Planning Contravention Notice?

A

This is a request for information about any operations or activities on the property and potential breaches of planning control.

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14
Q

What is a completion notice?

A

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.

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15
Q

What is an enforcement notice?

A

○ 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.

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16
Q

What is a Stop Notice?

A

A Stop Notice may be issued after an Enforcement Notice has been issued.

It requires all activities alleged to be in breach to cease pending the enforcement notice taking effect or being appealed.

A Temporay stop notice (which is valid immediatley for 28 days) may also be issued if the local authority is satisfied that it is expedient for the activities to cease immediately.

Non Compliance with a stop notice or temporay stop notice is a criminal offence subject to a fine, and there is no right of appeal.

17
Q

What is a breach of condition notice?

A

Where there has been a breach of a condition attatched to planning permision, a breach of condition notice can be issued requring compliance with all the conditions within a specified period.

It is a criminal offence to non comply, subject to a fine payable.

There is no right of appeal, other than through judical review.

18
Q

Does an enforcement notice have the right to be appealed?

A

Yes

19
Q

Does a stop notice have the right to be appealed?

A

No

20
Q

What are the timelimits for enforcement action against a breach of planning control?

A
  1. Operational Development - 4 years from substantial completion
  2. Unauthroised Change of use to a single dwelling house - 4 years from the breach
  3. Any other breach - 10 Years after the breach (ie other change or use or breach of condition of development)
21
Q

What is Building Regulaion Approval?

A

Building regulation approval is required for works of construction or signficant alterations or extensions to buildings in order to ensure they meet standards as to health and saftey, design, permitted materials and methods and standards of workmanship and construction.

NB- Building regulation approval will usually be required for garage conversions, even though planning permission may not be required.

22
Q

Is Buidling Control Approval the same as planning permission requirements for developments?

A
  • Building Control is a separate, distinct requirement to planning permission.
    • Although most forms of operational development also require building regulations approval, works that do not require planning permission may require building control.
23
Q

When is building regulation approval usually required?

A
  1. Electrical Installations
  2. Plumbing Installations (not like for like replacements of bathroom fixtures)
  3. Replacement Windows and Doors
  4. Heating Systems, and
  5. Replacement roofs.

(often garage conversions too)

24
Q

Do conservatories require buidling regulation approval?

A

Conservatories will not require approval if they are small (less than 30sqm), are separated from the property with external quality walls, doors, and windows, and have an independent heating system.

However , the electrical installations and any replacement glazing would be a separate matter

25
Q

How are buiding regulations complied with?

A
  1. Application for intial approval
  2. Building Control Officer inspects work and issues certificate of compliance

(Or self certification, where the trader is able to certify compliance)

26
Q

What 3 steps can be taken against a breach of building regulation approval?

A
  1. An Enforcement Action within 2 years of completing the works
  2. An Enforcement Notice within 1 year of completing the works

3- Injunctions - unlimited time frame if ‘unsafe’

27
Q

The Local Search and Enquires before contract should reveal any previous relevant works with regards to building regulations.

What should the buyers solicitor do if some are revealed?

A
  1. Request a Copy of the Building Regulations Approvals and Certficiates
  2. Alternatively, request a ‘regularisation certificate’, giving retrospective approval of the works
  3. Inform the buyer, mortgagee, and have a surveyor inspect
28
Q

What should a buyers solicitor do if the building is listed?

A

A copy of the listing should be obtained to uncover the extent and the nature of the restrictions.

The higher the listing, the more restrictions there will be, with

Grade I being the highest.

29
Q
A