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Flashcards in Local Authority consents and pre contract searches Deck (21)
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- S. 57(1) Town and country planning act 1990 (TCPA)

o Planning permission required for development


- S. 55(1) TCPA 1990

o Development is
 Carrying out of building, engineering, mining or other operations in, on, over or under land
 Making of any material change in the use of any buildings or other land


Permitted Development

Permitted Development
- Town and Country Panning (General permitted development) Order 2015 (GDPO)
o Article 3(1) GDPO 2015 and Schedule 2
- Power to disapply by making an article 4 direction


Building Works

- S. 55(1A) TCPA 1990
o Demolition of buildings
o Rebuilding
o Structural alterations, or additions to buildings
o Operations normally undertaken by a person carrying on business as a builder
- S. 55(2)(a) TCPA 1990
o Not
 Affect only the interior of the building or materially affect the exterior
 Do not provide additional space underground.


Enforcement Notice

- S. 171(b) TCPA 1990
- Building works without planning permission, enforcement action can be brought within 4 years following substantial completion
- Material change of use is 10 years, unless it is to a single dwelling house which is 4 years
- Breach of condition attached to planning permission is 10 years
- Concealment of development has an unlimited time restraint


Listed Building

- Listed building consent is in addition to planning permission
- No time limit for enforcement


Conservation Area

Conservation Areas
- S. 69(1) Planning (Listed buildings and conservation Areas) Act 1990
o Conservation area is an area of special architectural or historical interest, the character or appearance of which is desirable to enhance or preserve.
- Stricter planning control
o Article 4 direction
 Restricts what would normally be considered permitted development
- No time limit for enforcement


Building regulation

Building Regulations
- Building regulations 2010
- Separate and additional to any planning permissions.
- Building works must be commenced within 3 years of approval
- After completion a building regulation completion certificate is issued


Environmental law

Environmental Law
- Environmental protection act 1990
- Environment Act 1995
- S. 78A(2) EPA 1990
o Contaminated land:
 Significant harm is being caused or there is a significant possibility of such harm being caused
 Significant pollution of controlled waters is being caused or there is a significant possibility of such pollution being caused
- Remediation notice
o S. 78 A – 78 YC EPA 1990
 Require local authorities to inspect and identify seriously contaminated sites
o Appropriate person
 Class A
• Those who caused or knowingly permitted the pollutant to be in the land
 Class B
• Those who own or occupy the land



- Local Land Charges Search
- Planning permissions which have been granted
- Enforcement or stop notices
- Tree preservation orders
- Smoke control orders
- Financial charges
- Conservation area
- Maximum 3 months old


CON 29

- Roads (public highway or private road)
o Adoption
- Public rights of way
- Planning and building decisions


Highway search

- To ensure that the boundary of the property abuts a public highway


Drainage and water search

- Responsibility for drains within a property’s boundaries and serving oly that property remains with the property owner


Desktop Environmental Search

- Confirm whether property has been used contaminative use, if it is likely to flood, confirm land use within 250 metres of the property


Chancel repair search

- Liability to pay for chancel repairs
- Since 13 october 2013 lost overriding status



Search of the index map (SIM)
- Will reveal any third party titles that are registered against the title of the property


Required Searches

CON 29
Highway Search
Drainage and Water Search
Desktop Environmental Search
Chancel Repair search



- Optional enquiries
- Rights in common
o Cannot build
o Access rights


Company Search

Company Search
- Fixed charges over the company’s assets



- Coal mining and brine search
o Whether land is affected


Waterways search

- Where a property either adjoins a waterway or has a waterway passing through