Obtaining planning permission (Core principles of planning law)-FS Flashcards
(8 cards)
What are the two types of planning permission that can be granted under the planning system?
Full permission and conditional permission.
Definition: Full Planning Permission
Permission granted for development without any conditions attached, other than the standard commencement condition (usually within 3 years).
Definition: Conditional Planning Permission
Planning permission granted subject to one or more conditions that must be satisfied in order for development to proceed lawfully.
What is the legal requirement attached to both full and conditional planning permissions?
Development must begin within three years from the date permission is granted.
What is the formal document that confirms the grant of planning permission?
A decision notice.
What happens if development does not begin within three years of the planning permission being granted?
The planning permission lapses and becomes invalid; a new application will be required.
What is the legal effect of a decision notice in the context of planning law?
It serves as formal evidence that planning permission has been granted, and outlines any conditions attached.
Why is it important for solicitors to check the status and conditions of planning permission in property transactions?
To ensure compliance with planning law, identify conditions affecting development, and verify that permission is still valid.