Planning Law Flashcards
(24 cards)
What is the purpose of planning law?
To restrict or control building work and the use of premises.
The local authority is responsible for administering planning control in its locality. If someone wishes to erect or alter a building or change the use of a building, they will need to consider whether planning permission is needed.
What is the purpose of building regulations?
Building regulations determine the health and safety requirements relating to building works.
Building regulations must also be considered when building work takes place. This is administered by the local authority but is separate from planning matters.
Why are planning, building regulations and listing matters important information for a buyer?
Local search - All planning, building regulations and listing matters will be revealed by the local search.
A buyer must ensure that any work done prior to purchase has been carried out in accordance with the appropriate requirements.
A buyer must also be advised as to planning and building regulations requirements if they wish to make any alterations to the property after the purchase completes.
What is the effect of planning matters attaching to the land?
Planning runs with the land: An important point of principle is that planning matters attach to the land. This is why they are registered by the local authority and on the local authority search result.
Planning problems run with the property – if a buyer buys a property where planning controls have been breached, they cannot rely on the fact that a previous owner may have carried out the work. Before exchange, the buyer’s solicitor must find out whether all relevant planning requirements have been complied with, otherwise their buyer client could inherit the problem if the local authority decides to take enforcement action.
What does ‘development’ include?
“Carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.”
Planning permission is required for development and this includes ‘building work’ and a ‘material change in use’. N.B: Material change in use includes the conversion from one dwelling to two
What are building operations?
Includes demolition, rebuilding, structural alterations/additions, other operations normally carried on by someone in business as a builder
What is not included in building operations?
What is NOT included in the definition of “development / building operations”:
- Anything done to the interior of a building or that does not materially affect the exterior, or
- Alterations to a dwelling house that are consistent with its use as a dwelling.
Examples: Small extension or home improvement.
Permission will be granted under the GPDO.
What is the procedure for obtaining planning permission?
Application must be made in writing to planning department of Local Authority. If permission is granted, it might include conditions that must be met as the development proceeds
What is the timeline for fulfilling development work?
Development must commence within 3 years of the date of the planning permission or it will lapse. Then a new planning permission must be sought. Planning permissions are only valid for 3 years!
What is the General Permitted Development Order (GPDO)?
This may grant permission for certain small amounts of work to a property, such as a small extension or improvement.
It is known as “permitted development” and provides blanket permission for these defined works. The permission is deemed to be given in the order for the specified works, so there is no need to make a formal application for express consent to the local authority.
What can the local authority do if unauthorised work has been carried out?
Enforcement action (consequence of unauthorised work):
If unauthorised work has been carried out, the local authority has wide enforcement powers. The local authority can take enforcement action for lack of planning or failure to comply with a planning condition.
Enforcement action could include requiring full compliance with planning laws and may involve significant expense if the development works have to be pulled down or rebuilt according to planning conditions.
What are the contents of the enforcement notice by the local authority?
The enforcement notice must state the nature of breach, the steps required to remedy it and the time limit to complete the required work. The local authority can also apply for an injunction to prevent work from taking place or issue a “stop notice”.
This requires the party carrying out the work to cease the work immediately and these remedies are rare. If a breach of planning has been concealed, there is no time limit for enforcement.
What are the different types of enforcement action?
The local authority has a wide range of enforcement powers:
- enforcement notice – an order to restore land or secure compliance with any conditions or limitations of planning permission. It imposes a continuing obligation to comply. Criminal sanctions can be imposed if breached
- stop notice – where an enforcement notice has been served, a stop notice may be served to stop all activities that are held to be in breach. It cannot be used to prohibit the use of a property as a dwelling, and
- planning contravention notice – served to flush out information about potential breaches before an enforcement notice is served.
What are the limitation periods for enforcement action in the following situations:
Building work
If there is no planning permission for building work, enforcement action must be brought within 4 years of the work being substantially completed.
What are the limitation periods for enforcement action in the following situations:
Material change in use
If there is no planning permission for material change of use, enforcement action must be brought within 10 years of the change of use.
What are the limitation periods for enforcement action in the following situations:
Breach of listing requirements
There is no time limit for enforcement in the event of a breach of listing requirements. Breach of listing requirements could also result in criminal sanctions.
What are the limitation periods for enforcement action in the following situations:
Contravention of building regulations
If work is being carried out in contravention of building regulations, the local authority has 10 years within which to take enforcement proceedings. There is no time limit on criminal prosecutions or enforcement action by the Building Safety Regulator.
What are the limitation periods for enforcement action in the following situations:
Threat to public health
An application for an injunction can be made at any time
How is building regulations control carried out?
Building control is a department within each local authority and is concerned with ensuring health and safety standards are met when construction takes place.
Anyone carrying out development works must comply with building regulations as well as planning laws. Even work that does not require planning permission will require building regulations consent.
The building control officer will inspect the work being carried out at various stages, and once satisfied with the completed work will issue a building regulations completion certificate (sometimes known as a “final certificate”).
What are the main examples of planning problems and associated solutions?
- Work to listed buildings – most works will require listed building consent.
- Any building at a property (such as building a new dwelling or adding to an existing property) – planning permission will be needed unless the work falls within general permitted development.
- If building work has been carried out in the last 4 years the local authority can still take enforcement action, so a buyer should insist on the seller obtaining retrospective planning permission.
- If there has been a change of use at a property (for example, carrying on business use at a residential dwelling), planning permission is needed for the change of use.
- If building regulations consent is required – most building work requires building regulations consent, even if it did not require planning permission.
What is the importance of the local search?
All of the matters referred to above are revealed by the local search, which highlights the importance of this search to the buyer (and any lender). The local search will reveal:
- planning permissions
- building regulations consent
- listed building consent, and
- details of enforcement proceedings.
How are planning and title separate?
Planning: The planning legislation limits and controls the development of land.
Title: This can also be done by the imposition of a restrictive covenant on the title to land.
However, even if work to a property has the benefit of planning permission, it may still be necessary to comply with a covenant restricting development on the title to the property
What is listed building consent and how should the client be advised?
Buildings of historical or architectural merit might be listed, in which case virtually all work to such a property requires listed building consent. Listed building consent is required in addition to planning permission.
The buyer’s solicitor will advise their client to have a full structural survey of the property carried out.
What are planning use classes?
Different types of classes for use of the building - a solicitor acting on a commercial property transaction will have to consider this.
If their client wants to put the property to a different use, it might be necessary to make a planning application for a change of use.
