Chapter 6: Town and Country Planning

Question 1

Do minor works which are not a ‘development’ require planning permission?

Answer 1

No planning permission is required for works which are not considered to be a development. E.g. minor internal works.

Question 2

What are the two types of planning permission?

Answer 2

1. Deemed permission.
2. Express permission.

Question 3

What is deemed permission?

Answer 3

Permitted developments which do not require express consent because permission is deemed to be granted.

E.g. Adding a porch or conservatory.

Question 4

Can deemed permission be disapplied?

Answer 4

A local authority can disapply deemed permission such as in local conservation areas (this is an Article 4 Direction).

Question 5

When must express permission be sought?

Answer 5

If a property owner does not have deemed permission for their proposed development.

Question 6

What are the two types of express permission?

Answer 6

1. Outline permission.
2. Detailed permission.

Question 7

What is outline permission?

Answer 7

• Broad permission to development in principle subject to ‘reserved matters’
• Reserved matters are issues such as materials to be used which must be approved by local authority.

Question 8

If outline permission has been granted and there are reserved matters, when must a full application be made?

Answer 8

• A full application must be made within 3 years of outline permission.
• Works must commence within 2 years of approval on reserved matters.

Question 9

What is detailed permission?

Answer 9

Full plans submitted to local authority and, if approved, will allow the development to commence (subject to planning conditions).

Question 10

If detailed permission is granted, when must the development works commence?

Answer 10

Within three years of the date of permission.

Question 11

When can the local authority take enforcement action?

Answer 11

If the development lacks planning permission or fails to comply with planning condition.

Question 12

Who is subject to enforcement action?

Answer 12

The owner, occupier or any other interested party.
Planning problems run with the property.

Question 13

What is an enforcement notice?

Answer 13

Must be served by the local authority if they decide to take enforcement action for a planning breach.

Question 14

What information must an enforcement notice include?

Answer 14

• Nature of breach
• Steps required to remedy breach
• Time limit to undertake required work

Question 15

What other step could be taken alongside serving an enforcement notice?

Answer 15

The local authority could also apply for an injunction to prevent the work from taking place or issue a stop notice.

Question 16

What is a stop notice?

Answer 16

• Requires party carrying out works to cease immediately.
• Rare in practice

Question 17

When must an enforcement notice regarding unauthorised building works be served?

Answer 17

Within 4 years of the breach.

Question 18

When must an enforcement notice regarding a material change of use be served?

Answer 18

Within 10 years of the breach.

Question 19

What is the time limit for enforcement action by a local authority in regards to listed buildings?

Answer 19

There is no time limit for listed buildings.

Question 20

What are building regulations?

Answer 20

Building regulations ensure buildings and constructions are built according to certain standards.

Question 21

What is the role of a building control officer?

Answer 21

A building control officer inspects the works being carried out and, if satisfied, will issue a building regulations completion certificate (the final certificate)

Question 22

What is the time limit for a local authority to take enforcement action against a person who does not comply with building regulations?

Answer 22

12 months.

Question 23

If the time limit has passed for a local authority to take enforcement action against a person who has not complied with building regulations, what can be done?

Answer 23

A local authority may seek an injunction requiring the owner of the building to take steps to bring it up to action.

Question 24

If there has been a breach of planning laws or building regulations and the relevant enforcement period has passed, what may a buyer do?

Answer 24

Ask the seller to provide indemnity insurance at their own cost to deal with the possibility of enforcement.

Question 25

How does a person find out about planning listing and building regulations?

Answer 25

The local search.

Question 26

Is planning permission required if someone wants to change the use of a building falling within a different class?

Answer 26

Yes.

Question 27

Commercial buildings are assigned classes. What would fall within Class F.1?

Answer 27

Non residential institutions e.g. education art galleries, museums, libraries, places of worship

Question 28

Commercial buildings are assigned classes. What would fall within Class F.2?

Answer 28

Small shops no larger than 280 square metes selling essential goods

Question 29

Commercial buildings are assigned classes. What would fall within Class E?

Answer 29

Shops, financial & professional businesses, food and drink businesses, office space, medical businesses and indoor leisure