Planning permission

Question 1

What does solicitor acting for buyer have to check? - checklist

Answer 1

1. Is there PP for the construction of the building or was PP not needed?
2. currently being used for its authorised planning purpose?
3. any planning conditions which would prevent buyer’s future use/ proposed alterations?
4. existing breaches of planning law?
5. works been done that would have required building regs consent?
6. listed or in a conservation area?

Question 2

Definition of development

Answer 2

carrying out of building, engineering, or mining/ other operations in/on/over/under land
OR
Making of any material change in the use of any building/ other land

Question 3

When is planning permission required?

Answer 3

• changes of use from one class to another
• Sui genris = only one of its kind uses that could potentially have an adverse effect on their locality
• If it fits in development definition

Question 4

What is express planning permission?

Answer 4

a planning application which results in written consent to start or complete your proposed ‘development’ project

Question 5

What is a certificate of proposed use or development?

Answer 5

Allows you to get confirmation from the LPA that a proposed use or works does not require planning permission and is lawful