Introduction (Core principles of planning law)- FS

Question 1

Planning Permission?

Answer 1

Official consent granted by a local planning authority to undertake development such as building, extending, or changing the use of land or buildings, subject to legal controls under planning legislation.

Question 2

Why is planning permission required in the UK?

Answer 2

To regulate development in a small and densely populated country, ensuring that changes to land use or buildings protect the public interest and the surrounding community.

Question 3

What kinds of activities typically require planning permission?

Answer 3

• Construction of new buildings (e.g., houses, commercial units)
• Extensions or alterations to existing buildings
• Change of use of buildings (e.g., residential to commercial)

Question 4

What is the solicitor’s duty during a property transaction in relation to planning law?

Answer 4

The buyer’s solicitor must ensure that the property has all necessary planning permissions and building regulation approvals for the client’s intended use.

Question 5

Building Regulations Approval

Answer 5

Separate from planning permission, this confirms that construction works meet safety and construction standards, such as fire safety, energy efficiency, and structural integrity.

Question 6

What are the consequences if planning permission is missing or incorrect?

Answer 6

• Enforcement action may be taken by the local authority
• The development may be declared unlawful
• The client may have to demolish or alter the structure
• It could affect value, insurability, and mortgageability

Question 7

How is a planning application typically submitted today?

Answer 7

Planning applications are now submitted entirely online, accompanied by required forms, plans, and supporting documents such as artistic impressions or site layouts.

Question 8

Typical Documents in a Planning Application

Answer 8

1. Application form
2. Site location plan
3. Design and access statement
4. Artistic or architectural drawings
5. Fee payment
6. Supporting statements (e.g. environmental or transport assessments)