Core principles of planning law

Question 1

Under the Town and Country Planning Act 1990 (TCPA 1990):

Answer 1

planning permission is required for the carrying out of any ‘development’ of land.

Question 2

Statutory definition of development:

Answer 2

Development is defined by s.55 TCPA 1990:
The carrying out of building, engineering, mining, OR other operations in, on, over, OR under the land
AND the making of any material change in the use of any building OR other land.

Question 3

Certain matters are excluded from the definition of development by the TCPA 1990
OR by regulation AND planning permission ISN’T required:

Answer 3

*Maintenance works to the exterior building
*Internal works which DON’T materially affect the appearance of the exterior.
*Use of building OR land within the curtilage of a dwelling house (the land immediately surrounding the house including the garden area) for any purpose incidental to the use of dwelling house.
*The change of use within the same class as specified by the TCP (Use Classes) Order 1987.
*Development that falls within TCP (General Permitted Development) (England) Order 2015
OR, if the property is in Wales, TCP General Permitted Development) Order 1995.
*Development specified in a local development order.
*Development specified in a neighbourhood development order.

Question 4

Matters that don’t require express planning permission:

Answer 4

TCP (General Permitted Development) (England) Order 2015 (GDPO 2015) operates by giving automatic planning permission in England, for certain developments
(providing the relevant exceptions, limitations, and conditions are met)
WITHOUT the developer having to make a formal application to the Local Planning Authority for planning permission.

Question 5

The GDPO 2015 – automatic planning permission in the following instances (not complete list):

Answer 5

*Development within the curtilage of a dwelling house
*Minor operations such as putting up of fences AND gates.
*Changes of use (subject to certain exclusions and conditions).
*Extension OR alteration of an office building, shop, financial OR professional services establishment, industrial unit, OR warehouse.

Question 6

Summary of the current regime for building regulations control based on the law in England (Buildings Regulations 2010):

Answer 6

Building consent regulations apply to all types of building: domestic, commercial, OR industrial.
Building consent regulation needed for building works. Need for this is separate from planning consent.
Building works is defined in the Buildings Regulations 2010.

Question 7

Summary of the current regime for building regulations control based on the law in England (Buildings Regulations 2010) -
includes:

Answer 7

*Errection OR extension of a building.
*The installation OR extension of a service OR fitting that is controlled under the building regulations.
*Material alteration of a building OR controlled service OR fitting.
*Work required where there is a material change of use of the whole building.
*Inserting insulation into a cavity wall.
*Underpinning a building.

Question 8

The function of building regulations is to ensure?

Answer 8

the health and safety of people in AND around buildings.

Question 9

Provide a minimum standard regarding the contraction AND alteration of premises in areas such as:

Answer 9

*Structure
*Fire safety
*Site preparation AND resistance to contaminants and moisture.
*Toxic substances
*Resistance to the passage of sound
*Ventilation
*Sanitation, hot water safety AND water efficiency.
*Draining AND waste disposal.
*Combustion appliances and fuel storage system.
*Protection from falling, collision, and impact.
*Conservation of fuel and power
*Access to and use of buildings
*Glazing
*Electrical safety
*In-building physical infrastructure.

Question 10

Application MUST be made to the Local Authority for?

Answer 10

building regulations consent.

Question 11

Any work will be inspected by?

Answer 11

a building control officer.

Question 12

Work is in compliance; certificate of…

Answer 12

compliance will be issued.

Question 13

Local Authority has the power to?

Answer 13

prosecute for breach of building control regulations (within two years of work being completed).

Question 14

Local Authority can issue an?

Answer 14

enforcement notice requiring work to be altered OR removed (within one year of work being completed).

Question 15

Pre-contract enquiries in form CON29 will show details of?

Answer 15

any building regulations consents and certificates granted IF indemnity insurance is necessary to mitigate for any risk of non-compliance.

Question 16

Time limits for the enforcement of planning breaches are:

Answer 16

*Building operations – four years from the date that the operation was substantially completed.
*Single dwelling house – four years from the change of use commenced.
*Any other breach – 10 years from the date of the breach.

Question 17

On expiry of time limit, if no enforcement action has been taken, the operation OR?

Answer 17

use becomes lawful.

Question 18

Local Planning Authority’s enforcement powers include:

Answer 18

Enforcement notice
Stop notice
Temporary stop notice
Breach of condition notice
Injunction

Question 19

Enforcement notice?

Answer 19

notice to remedy the planning breach with a wide range of steps to be taken within a specified period.
Enforcement notice DOESN’T by itself stop the breach of planning control from continuing.
This is required, Local Planning Authority MUST consider serving a stop notice OR a breach of condition notice.

Question 20

Stop notice?

Answer 20

notice to stop activity (MUST be served with enforcement notice).

Question 21

Temporary stop notice?

Answer 21

notice to stop activity while it considers further action.

Question 22

Breach of condition notice?

Answer 22

recipient to remedy the breach of planning condition WITHIN a specified time period.

Question 23

Injunction?

Answer 23

application to court for an order that an unlawful act SHOULDN’T take place OR be undone.
The power of the court to grant the injunction is discretionary.