Use and planning (Structure and content of a lease)-FS Flashcards
(8 cards)
What is the purpose of the Town and Country Planning Use Classes Order 1987?
It categorizes types of property use into different use classes, helping to determine what kind of activities are legally permitted on a property under planning law.
How does planning law restrict the use of property?
Planning law restricts property use by requiring that any change in use class typically needs planning permission, ensuring that property use aligns with zoning and land use policies.
What is the legal implication of converting a property to a different use class without proper approval?
Such a conversion would constitute a breach of planning control, potentially subjecting the user to enforcement action by local planning authorities.
Can lease terms further restrict property use beyond what is permitted by planning law?
Yes, a lease may impose contractual restrictions on use that are more limiting than planning regulations, and breaching them may lead to contractual remedies by the landlord.
What is the significance of a lease specifying permitted use by reference to a use class?
It ties the tenant’s lawful use of the property to a specific statutory category, limiting them to the range of uses allowed within that class and preventing unauthorised diversification.
Within a single use class, can a tenant change the specific type of use without needing planning permission?
Yes, as long as the new use falls within the same use class, no planning permission is required for the change, provided lease terms also permit the new use.
What legal consequence arises if a tenant’s new use falls outside the lease-permitted class, even if planning law allows it?
The tenant would be in breach of the lease, regardless of planning permission, because lease restrictions operate independently of planning law.
How does specifying a broad use class in a lease affect tenant flexibility?
It increases tenant flexibility by allowing a range of uses under the same class without breaching the lease or needing planning permission, facilitating operational adaptability.
