Town and Country Planning (Stage 2D)

Question 1

What 3 developments does the Town and Country Planning Act 1990 require a landowner to obtain planning permission on?

Answer 1

1. Structural changes
2. Carrying out mining
3. Material change of use

Question 2

Are minor internal works considered a “development” for the purpose of the TCPA 1990?

Answer 2

No

Question 3

What is meant by permitted development?

Answer 3

Rights that allow the improvement or extension of a home without the need to apply for planning permission (such works will have ‘deemed permission’)

Question 4

Give 3 examples of works which would likely have deemed permission

Answer 4

1. Small home extensions
2. Porch/conservatory
3. Putting up a fence

Question 5

What does the passing of an Article 4 direction mean?

Answer 5

That a particular development cannot be carried out under permitted development and therefore needs a planning permission.

Question 6

What are the two types of express planning permission (types that require an application to the local authority)?

Answer 6

1. Detailed permission
2. Outline permission

Question 7

What does detailed permission allow?

Answer 7

Allows a development to commence subject to a number of planning conditions

Question 8

If detailed permission is obtained, the work must be commenced within how many years from the date of permission?

Answer 8

3 years

Question 9

What does outline permission allow?

Answer 9

Broad permission as to the principle of development subject to reserved matters (e.g. detail of the materials to be used)

Question 10

If there are reserved matters under outline permission, there will have to be a full application within how many years of the outline permission to obtain approval on these matters?

Answer 10

3 years

Question 11

For outline permission, within how many years from approval of the reserved matters must work commence?

Answer 11

2 years

Question 12

What can the local authority do if a development lacks planning permission or fails to comply with a planning condition?

Answer 12

Take enforcement action

Question 13

Planning problems ___ ____ ___ _______, meaning its no defence that a ________ owner undertook development

Answer 13

run with the property, previous

Question 14

Within how many years of a breach of unauthorised building works (i.e. lack of planning permission) must a LA serve an enforcement notice?

Answer 14

4 years

Question 15

Within how many years of a breach of material change of use must a LA serve an enforcement notice?

Answer 15

10 years

Question 16

What is the time limit for enforcement action by a LA regarding breaches of listed building status?

Answer 16

There is no time limit

Question 17

Work which does not require planning permission will still require compliance with ________ __________

Answer 17

building regulations

Question 18

Give 3 examples of actual building work that would be covered by building regulations?

Answer 18

1. Installation of windows
2. Electrical works
3. Installation of a boiler

Question 19

How long after the date of breach does a LA have to take enforcement action against someone who doesn’t comply with building regulations?

Answer 19

1 year

Question 20

What can an LA do if the time to bring an enforcement action for non-compliance of building regulations has passed?

Answer 20

Seek an injunction

Question 21

What can the buyer ask the seller to provide if there’s been a breach of planning/regulations and the relevant enforcement period has passed?

Answer 21

Indemnity insurance

Question 22

Generally, planning permission is needed for _________ buildings when someone wants to change the use of a building to a use falling with a different use _____

Answer 22

commercial, class

Question 23

What kind of establishments fall within class E?

Answer 23

Many commercial uses (e.g. shops, businesses, offices)

Question 24

What kind of establishments fall within class F1?

Answer 24

Non-residential institutions (e.g. educational use, art galleries, law courts)

Question 25

What kind of establishments fall within class F2?

Answer 25

Small shops selling essential goods