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Flashcards in Property Chapter 2 Deck (62)
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1

What does s.75 (1) Town and Country Planning Act set out

Planning permission is required for 'development'

2

With reference the definition of development, when is planning permission required?

Development defined as in s.55(1) TCPA asa) the carrying out of building, engineering, mining or other operations in, on, over or under land; or
b) the making of any material change in the use of any buildings or other land.

Planning permission is therefore required for: 
any building works; and 
any material change in use.

You may need both components of planning permission

3

What guidelines/ legislation do the LPA use to determine their applications

Planning Legislation

4

What do objections to a planning application need to relate to?

Material / 'Relevant' planning considerations.

Occasionally objections are raised which are based on personal interests or private rights - LPA cannot take into account such matters as they are not material planning considerations.

5

How do you find out whether certain building works do not constitute development

They will be stated by the TCPA and its secondary legislation to constitute development and therefore does not require planning permission.

6

What do you not need to go through the formal application process to the LPA for planning permission

When the building works or material changes of use come under a certiain category 'permitted development' set out in the Town and Country Planning order 2015 and are granted planning permission altomatically by statutory instrument.

Or they building works do fall within the definition of development but the works satisify the relvant criteria laid down for these works. GDPO 2015 covers a number of building works aas permitted development. Part 1 of schedule 2 of GPDO 2015


Note: Commercial buildings permitted development is much more limited - Part 2 of schedule 2 of GDPO 2015

7

What are building works

In s.55(1A) TCPA building works are said to include:  the demolition of buildings;  rebuilding;  structural alterations of, or additions to, buildings; and  other operations normally undertaken by a person carrying on business as a builder.

8

What is the key type of "building works" which does not constitute development therefore no requiring planning permission

In s.55(1A) TCPA building works are said to include:  the demolition of buildings;  rebuilding;  structural alterations of, or additions to, buildings; and  other operations normally undertaken by a person carrying on business as a builder.

9

What do the LPA have to do when they decide to disapply permitted development in certain circumstances

make an Article 4 direction.
if an Article 4 Direction has been made within an area where a particular property is located, small scale building works to that property that would otherwise fall within the scope of permitted development will not in fact do so. In such circumstances, a formal application for planning permission to the LPA would be required after all as permission for the works would not be deemed to be granted automatically

10

What is a “material change of use

A “material change of use” is one where the use of a property is changed from one use class to another: e.g. a change from Class B1 to Class A3 or from Class A1 to Class A3.

The use of a property is classified using the Town and Country Planning (Use Classes) Order 1987 (‘TCP(UC)O’). This lists various categories of use and specifies what each category includes. A use class is made up of both a letter and a number (e.g. A1).

Where a change of use occurs within the same use class (e.g. hairdresser in Class A1 to post office in Class A1), this is not considered to be a “material change of use” and therefore does not constitute “development” – s.55(2)(f) TCPA and Art 3(1) TCP(UC)O. Consequently, planning permission would not be required in such circumstances.

11

When does the material change not necesate the need to apply for formally to the LPA for permission

(subject to certain qualifications) the GPDO 2015 automatically permits changes between certain use classes. These permitted changes of use are set out in Part 3 of Schedule 2 to the GPDO 2015.


When considering any permitted material change of use, however, you should again be mindful of the power of LPA’s to disapply them through an Article 4 Direction. You again need to be aware that if an Article 4 Direction has been made within an area where a particular property is located, material changes of use that would otherwise fall within the scope of permitted development will not in fact do so. In such circumstances, a formal application for planning permission would be required after all as permission for the material change of use would not be deemed to be granted automatically.
1

12

Why is it important that the solicitor actin for the buyer raises detailed questions in the pre-contact enquries about planning matters

Because the buyer will take on liability for the sellers breaches, so the buyer’s solicitor must ensure that all planning documentation that is relevant to the purchase is seen and checked prior to exchange of contracts.

13

What does the seller have to do if the buyers solicitor spots planning permission isssues?

The seller should be asked to correct any irregularities in relation to planning prior to completion of the purchase and the resolution of any planning issues may well need to be dealt with as a special condition in the contract itself.

14

Who does the buyers solicitor ask for a request for information

Local authority holds information with regard to planning history of the property.

15

What should the buyer's solicitor check with regard to any past works

That the have satisified all relevant planning legislation in relation to past works/ and or material change.
i.e Are those that are still in existence permitted under planning legislation
Did changes of use from one class to another take place and are continuing at the time of purchase were permitted under planning legislation.
(Note can reply in this exam on the GPDO 2015 to check)

16

The buyer’s solicitor will need to check that any intended works and/or any intended material change of use at the property will be permitted under planning legislation. To do this, the buyer must:

- check the current use class of the property and check if the proposed use amounts to a “material change of use” and, if so, whether it is covered by the GPDO 2015. If the proposed “material change of use” does not fall within the GPDO 2015, a formal application for planning permission will be required;
- check if any proposed building works are covered by the GPDO 2015; if not, a formal application for planning permission will have to be made.

For the buyer’s future plans in respect of building works, it is possible to submit applications for “outline” planning permission to ascertain whether the LPA is likely to approve the client’s proposals in principle. However, a further application will still have to be made later on for approval of any “reserved matters” which may have been set out in the outline permission. It is usual to have to submit a detailed application for approval of reserved matters within three years of the grant of the outline planning permission.

17

In the event of a breach, an LPA can serve an Enforcement Notice.
An Enforcement Notice can either:

i) require that the land be restored to the condition it was in before the unauthorised development occurred; or
ii) secure compliance with any conditions or limitations imposed by a planning permission.
ii) compliance with an Enforcement Notice does not automatically discharge the Notice. An Enforcement Notice can impose a continuing obligation on the owner of the land to comply with the Notice. Noncompliance with an Enforcement Notice carries criminal sanctions and in certain circumstances, the LPA can require buildings to be demolished.

18

Explain a Stop Notice and caveats to the exception

A Stop Notice prohibits, almost immediately, the carrying out of activities in breach of planning legislation on land that is subject to an Enforcement Notice. A Stop Notice cannot exist independently of an Enforcement Notice.

Note that it is not possible for the LPA to serve a Stop Notice to prohibit the use of a building as a dwelling house or where any particular activity has been carried out (continuously or not) for more than four years.

19

Explain a Planning Contravention Notice

The LPA may also serve a Planning Contravention Notice. This is served to flush out information about potential planning breaches and might then lead to the service of an Enforcement Notice. The LPA may issue a Planning Contravention Notice if there is a reasonable belief that a breach of planning legislation has occurred

20

A buyers solicitor must find out when the relevant 'development' took place - if the time limited for action has expired, no further action is required.
Explain the time relevant period for enforcement when building works carried out without planning permission

For building works carried out without planning permission, enforcement action can be brought within four years following substantial completion of the works.

21

A buyers solicitor must find out when the relevant 'development' took place - if the time limited for action has expired, no further action is required.
Explain the time relevant period for enforcement for 'material changes of use'
carried out without planning permission.

The time for enforcement for “material changes of use” is 10 years from the date of the change of use, unless the “material change of use” is to a single dwelling house, in which case the time limit is four years from the date of the change.

22

A buyers solicitor must find out when the relevant 'development' took place - if the time limited for action has expired, no further action is required.
Explain the time relevant period for enforcement for 'breach of condition' carried out without planning permission.

The time for enforcement for any breach of a condition attached to a planning permission is 10 years. The 10 year time period starts to run from the date of the breach. However, you cannot assume that there cannot be liability for a breach of condition just because a planning permission was granted over 10 years ago; you need to read the conditions to see what they say because some conditions are ongoing, e.g. hours of operation or monitoring and reporting, and can still be breached at any time. If a breach occurred within the last 10 years, the LPA can take enforcement action in respect of that breach, irrespective of whether the planning permission itself was originally granted more than 10 years ago

23

Where are the time limits set out

set out within s.171B TCPA

24

What is the enforcement period if there has been concealment of the development

The LPA is not limited by the above time restraints, and could bring enforcement action even if the relevant enforcement period appears to have passed.

25

What is a listed building?

Listed Buildings are buildings that have been classified as being of special historical or architectural merit. Listed Buildings are subject to an additional layer of planning controls

26

When is listed building consent required?

Listed Building Consent is generally required for internal or external building works (often even if they are only minor works) if they affect the building’s character as a building of special architectural or historical interest.
This is a question of individual judgment and there can be a difference of opinion between the person applying to make the change and the LPA. For the LPC, you may assume all alterations to Listed Buildings require Listed Building Consent.
Listed building consent is required in addition to any planning permission.

27

If the building works in question on a listed building affect only the internor building what consent/ permission would they require

Because it does not constitute development they would not require planning permission but they would still require Listed Building Consent.

28

What about planning permission for the development of a listed building?

Listed Buildings benefit from some, but not all, of the GPDO 2015. For example, the erection of a building, enclosure, pool or container within the curtilage of a Listed Building requires a formal application for planning permission. For LPC purposes, you may assume that any development being carried out in relation to a Listed Building requires a formal application for planning permission

29

Time limit of enforcement where works have been carried out without Listed Building Consent and punishment?
Effect on original perpetrator/ owner

There are criminal sanctions for carrying out works without the relevant Listed Building Consent for building works. There is no time limit for enforcement where works have been carried out without Listed Building Consent.

Whilst criminal sanctions will only be levied against the original perpetrator, rectification works can be required to be carried out by subsequent owners at the cost of that owner which is why it is so important to ensure any issues are dealt with prior to completion

30

. It is this aim to preserve and enhance the area which makes Conservation Areas subject to stricter planning controls than would normally be the case.
Examplain some stricter planning controls as a result of being a conservation area

Article 4 direction
It is quite common for an LPA to restrict the types of building works and/or material changes of use which would normally be considered “permitted development” by making an Article 4 Direction in relation to a Conservation Area. The result of this is that a formal application for planning permission would need to be made to the LPA even for minor works and material changes of use, thereby giving the LPA much greater control over any changes taking place within the Conservation Area.

Onerous planning conditions For example, the planning conditions which form part of a planning permission for an extension in a Conservation Area might specify a particular type, quality and colour of paint and bricks are used so that the external appearance of the property remains in keeping with the rest of the neighbourhood