Enforcement: time limits and the range of local planning authority’s enforcement powers (Core principles of planning law)-FS Flashcards
(14 cards)
What is an Enforcement Notice in planning law?
A formal notice issued by a local planning authority informing the recipient of a breach of planning law and requiring remedial steps to be taken.
Definition: Stop Notice
A notice issued by a local planning authority requiring cessation of a development being carried out without planning permission.
🔸 Non-compliance is a criminal offence.
What legal right does a person served with an enforcement notice have?
The right to appeal the notice, which suspends its effect pending the appeal outcome.
Definition: Breach of Condition Notice (BCN)
Issued for a breach of a condition attached to a grant of planning permission.
⚠️ It cannot be appealed.
What is the purpose of a planning injunction?
A court order sought by the local authority to restrain actual or anticipated breaches of planning control.
What are the standard time limits for local planning authorities to take enforcement action?
- 4 years for unauthorised development of a dwelling house
- 10 years for all other types of unauthorised development
Can the standard enforcement time limits be extended? If so, when?
Yes. Time limits can be extended in cases of deliberate concealment of the breach by the developer.
What are the four main enforcement tools available to local planning authorities?
- Enforcement Notice
- Stop Notice
- Breach of Condition Notice
- Injunction
Is there a time limit for enforcement proceedings for breach of building regulations?
No. Unlike breaches of planning control, there is no time limit for enforcement under Section 36(6) of the Building Act 1984.
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What is the legal effect of a property being listed as an Asset of Community Value (ACV)?
If the owner intends to sell the property, they must notify the local authority, triggering a moratorium period during which a community interest group has the opportunity to bid. However, the owner is not obliged to accept the bid.
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What principle was confirmed in Cottingham v Attey Bower & Jones regarding building regulations?
A buyer’s solicitor may be negligent if they fail to take reasonable steps to obtain building regulations consent, as there is no time limit for enforcement of breaches under the Building Act 1984, s36(6).
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What is the legal effect of an Article 4 Direction under the Town and Country Planning (General Permitted Development) (England) Order 2015?
An Article 4 Direction removes permitted development rights, meaning that planning permission is required for any building works, even minor ones, that would otherwise be allowed without permission under a General Development Order (GDO).
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What does it mean when outline planning permission is subject to reserved matters?
It means certain details (e.g. appearance, access, landscaping) are not yet approved and require a full application to the local council. This application must be made within three years of the outline planning consent.
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When is express planning permission required for a small extension to a property?
Normally, small extensions may fall within the General Permitted Development Order (GPDO) and not require permission. However, if an Article 4 Direction has revoked these rights, then express planning permission is required. This can be confirmed via a Local Authority Search.
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