1
Q
Under the TCP(GPD)A what would usually fall within general permitted development and the exception
A
Extensions & Conservatories and would not require permission
Exception if in the local search the property falls within a conservation area, is listed or has an Article 4 direction planning permission is required
2
Q
What happens if planning permission not obtained
A
LA can issue a contravention notice and the owner needs to respond within 21 days
3
Q
If LA deems a breach they can issue a variety of orders what are they
A
Completion notice
Enforcement notice
Stop notice
Breach of a condition notice
Injunction
4
Q
What is an enforcement notice
A
An order served on an owner for a breach of planning permission. It would identify the relevant breach needed to be rectified
5
Q
What happens if a LA notice is issued and the owner ignores the notice
A
It’s a criminal offence subject to a potential costly fine
6
Q
What is a LA stop notice
A
Stops the owner from further alterations to the property
7
Q
When a stop notice be issued
A
Only after an enforcement notice has been issued
8
Q
Can you appeal an enforcement notice or stop notice
A
EN - yes
SN - no
9
Q
Options to obtaining planning permission for a buyer before purchase
A
Negotiations with S
Contact the LA himself
10
Q
What is a LA completion notice
A
LA can force the owners to complete within a particular time
11
Q
What is the purpose of planning law
A
to restrict or control building work
and
the USE of premises
12
Q
When is planning permission needed generally
A
when building or altering a structure or change of use of the land or building
13
Q
When is Building Regulations Consent needed
A
After work completed to ensure that health and safety requirements are up to standard
14
Q
Who provides Planning consent and Building Regulations Consent
A
The Local Authority
15
Q
When a buyers solicitors identify work has been carried out to the property what does the B’s sol need to request
A
Relevant Planning Permissions and Building Regulations Consent
16
Q
Why is it important that Planning Permission and Building Regulations Consent is obtained
A
Because the LA can take enforcement proceedings against the property owner in the event of a breach
17
Q
For the purchase of a commercial property what else does the Buyers Sol need to consider
A
The Use Classes
18
Q
Where will planning permission be revealed
A
In the Local Search
19
Q
When is Planning Permission required (2)
A
- For Development
(Basically when someone wishes to build or extend on their land)
- Material Change of Use
20
Q
How long is planning permission valid for
A
3 years in England
5 years in Wales
or it lapses
(development mut start work within that 3 year period - does not need to be finished)
21
Q
What is meant by General Permitted Development Order
A
Where works fall within specified size limits deemed permission is given
22
Q
To gain control of GPDO what can LAs do
A
Disapply the permitted development by issuing an Article 4 direction
23
Q
Where would an Article 4 Direction be revealed
A
In the Local Search result and would mean that any minor alteration requires permission
24
Q
Who is responsible for planning breaches
A
the current person in ownership as the planning issues run with the property not the person who caused the breach
25
If a person tries to conceal a breach what is the time limit the LA has to enforce
There is no time limit for concealments
26
what is an enforcement notice
This is a notice that the gives the party in breach to restore the land to its former condtion
27
what does enforcement proceedings mean
It means that the LA can force a party to demolish the part of property that has been built in contravention of planning legislation
28
What is listed buildings
Buildings that are revealed as being a property that no work can be carried out to without planning permission and associated listed building consent
29
what is the enforcement period for listed buildings
no time limit
30
When is Building Regulations needed
Any time building work is carried out even if the work is GPD
31
What is issued to ensure health and safety is met for building works
Building Regulations Completion Certificate
32
where will Building Regulations Certificate be revealed
On the Local Search Result
33
If building regulations has not be completed to standard how long does the LA have to take enforcement action
10 year from completion of the works
UNLESS
a threat to public health and unsafe the time is unlimited
34
What is important to check on a purchase of a commercial property
The use class to ensure that the premises is being used for the authorised purpose
35
When is a change of use permitted
when the change of use is within the same class
36
If a person wants to change the use class what do they need
planning permission
37
Will the change of house from one dwelling to two dwellings be a material change of use and need planning permission
Yes
38
What is not included for planning permission
Interior
Does not materially affect exterior
Incidential changes to dwellings
39
If planning permission is granted for development can it contain conditions
Yes
40
41
42
If a planning committee member makes a decision and a person. Wishes to challenge this what does the court decide?
If the facts suggest to the court that a fair minded and informed observer would conclude that there was a real possibility of bias the decision will be held unlawful
43
Not development
Permitted development
What is "NOT Development"?
The same Section 55(2) of the Town and Country Planning Act 1990 outlines things that are specifically NOT considered "development" for planning purposes.
* Interior alterations: Works that only affect the inside of a building, as long as they don't materially affect the external appearance.
* Works that do not materially affect the external appearance: This is a crucial point. Minor external changes that don't significantly alter how the building looks generally aren't development. "Materially affect" is a matter of degree and can be subjective.
* Maintenance or improvement of roads by a highway authority (with some environmental considerations).
* Inspecting, repairing, or renewing apparatus (sewers, pipes, cables) by local authorities or statutory undertakers.
* Use of land within the curtilage of a dwellinghouse for incidental purposes: This means using your garden or outbuildings for things related to enjoying your home (e.g., a shed for storage, a home office in the garden).
* Agricultural or forestry use of land and associated buildings.
* Movement from one primary use to another within the same "Use Class": The planning system groups similar uses into "Use Classes." Moving between uses within the same class (e.g., from a post office to a hairdressers, both often Class E) is generally not development.
What is "Permitted Development" (PDRs)?
"Permitted development" is a separate concept. It is "development" according to the broad definition, but the government has granted a general planning permission for certain types of development through the Town and Country Planning (General Permitted Development) Order (GPDO). This means you don't need to apply for individual planning permission from your local council for these works, provided you meet all the specific conditions and limitations.
PDRs are commonly associated with:
* Householder extensions: Specific limits on size, height, proximity to boundaries, materials, etc.
* Loft conversions: Subject to volume limits and other conditions.
* Outbuildings: Again, size, height, and location restrictions apply.
* Changes of use: Certain changes of use are permitted, often for creating new homes from existing buildings (e.g., offices to residential, agricultural buildings to residential).
* Adding new storeys: Recent changes have introduced PDRs for adding storeys to existing buildings under strict conditions.
Key takeaway for "Permitted Development": It's a special type of "development" that has automatic planning permission, if it strictly adheres to all the rules and limitations set out in the GPDO.
What is "NOT Permitted Development"?
This is where it gets confusing! "Not permitted development" means that while something is "development," it does not fall within the scope of the general planning permission granted by the GPDO. Therefore, it requires a full planning application to the local authority.
Common reasons something is "not permitted development":
* Exceeding size/height limits: If your extension is too big or too tall for PDRs, it's not permitted development.
* Building forward of the principal elevation: Generally, extensions cannot go beyond the front wall of your house.
* Being in a "designated area": Properties in Conservation Areas, National Parks, Areas of Outstanding Natural Beauty (AONBs), World Heritage Sites, or the Broads often have more restricted PDRs.
* Flats and maisonettes: PDRs for householders generally do NOT apply to flats or maisonettes.
* Specific types of work: Things like verandahs, balconies, raised platforms, and external cladding often require planning permission.
* Previous extensions/conversions: If a property has already been extended or converted, its PDRs might be used up or restricted.
* Article 4 Directions: Local authorities can remove PDRs in specific areas by issuing an "Article 4 Direction" to protect the character of an area.
* Listed Buildings: Almost all works to a listed building will require Listed Building Consent, even if they might otherwise be considered PDR.
Key takeaway for "NOT Permitted Development": It's "development" that is too big, in the wrong location, in a sensitive area, or simply falls outside the specific allowances of the GPDO. In these cases, you must apply for full planning permission.
How to Remember: A Simplified Mental Model
Here's a way to think about it:
* Is it "Development" at all?
* NO (Not Development): Very minor changes (interior only, no material external impact), incidental garden uses, moving within the same Use Class. No planning needed.
* YES (It's Development): Building new, significant alterations, major change of use. Now ask: Is it Permitted?
* Is it "Permitted Development"?
* YES (Permitted Development): It's development, but it fits all the specific rules and limitations of the GPDO (e.g., within certain sizes, not in a restricted area, etc.). No formal planning application needed (though "Prior Approval" might be required for some PDRs).
* NO (Not Permitted Development): It's development, but it breaks one or more of the specific rules or limitations of the GPDO (e.g., too big, in a Conservation Area, a flat, etc.). Full planning application REQUIRED.
Analogy:
Think of it like driving.
* Not Development: Walking to the shop. You don't need a driving license or car.
* Permitted Development: Driving your car, but staying within the speed limit, road rules, etc. You have a license, but don't need special permission for each trip.
* Not Permitted Development: Driving, but you want to go 100mph in a 30mph zone, or drive on the pavement. You have a car and license, but you need special permission (which you won't get!) because you're breaking the rules.
Always Check:
Planning rules are complex and can change. The best way to be sure is always to:
* Consider a Lawful Development Certificate (LDC): If you are undertaking works you believe are permitted development, you can apply for an LDC from your LPA. This provides legal proof that the works are lawful, which can be very useful if you ever sell the property.
44
Once planning permiss is granted when must work commence
3 years England
5 years wales
45
Planning permission enforcement periods
1. For Breaches in England (from 25 April 2024 onwards):
* All breaches of planning control (including operational development, change of use to a single dwelling, and all other breaches): The time limit for local planning authorities (LPAs) to take enforcement action is now 10 years.
* This applies where the operations were substantially completed, or the breach occurred, on or after 25 April 2024.
2. For Breaches in England (that occurred before 25 April 2024):
* Operational development (building, engineering, mining, etc. without permission): The time limit for enforcement action is 4 years from the date the operations were substantially completed.
* Unauthorised change of use to a single dwellinghouse: The time limit for enforcement action is 4 years from the date the change of use took place.
* Any other breach of planning control (including other changes of use and breaches of planning conditions): The time limit is 10 years from the date of the breach.
3. For Breaches in Wales (current situation):
* Operational development (building, engineering, mining, etc. without permission): The time limit for enforcement action is 4 years from the date the operations were substantially completed.
* Unauthorised change of use to a single dwellinghouse: The time limit for enforcement action is 4 years from the date the change of use took place.
* Any other breach of planning control (including other changes of use and breaches of planning conditions): The time limit is 10 years from the date of the breach.
Important Considerations:
* "Substantial completion": For operational development, the clock starts when the works are "substantially completed," not necessarily when they begin. This is a factual matter and can sometimes be a point of dispute.
* Concealed breaches: The time limits generally do not apply where there has been a deliberate concealment of a breach of planning control. In such cases, the LPA may be able to apply to the courts for an order allowing enforcement action beyond the usual time limits.
* Lawful Development Certificate (LDC): If you believe a breach of planning control has become immune from enforcement action (i.e., the relevant time limit has passed), you can apply to your LPA for a Certificate of Lawful Existing Use or Development (CLEUD). This provides formal legal confirmation that the development or use is lawful, which is very useful for selling the property.
46
What is an enforcement notice and can it be appealed
* Enforcement Notices: If an LPA decides to take enforcement action, they will typically issue an Enforcement Notice. This notice will specify the breach, the steps required to remedy it (e.g., demolish a structure, cease an unauthorised use), and the timeframe for compliance. Failure to comply with an Enforcement Notice is a criminal offence.
* Appeals: There is a right of appeal against an Enforcement Notice.
* Stop Notices/Temporary Stop Notices: In urgent cases, LPAs can issue Stop Notices or Temporary Stop Notices to immediately halt unauthorised activity. Temporary Stop Notices are typically limited to 56 days (in England, as of 25 April 2024; it was 28 days previously and remains 28 days in Wales).
47
Planning enforcement period
In summary:
* England: Generally, a 10-year enforcement period applies to all breaches occurring from 25 April 2024. For breaches before this date, the 4-year and 10-year rules still apply as they did previously.
* Wales: The 4-year and 10-year rules continue to apply as they did before the LURA changes in England..
48
Listed building rules (5)
Need planning consent
Listed building consent
NO time limit for enforcement
No need for an EPC
Criminal sanction apply
49
Where will building regulations certificate be revealed
On the local search result
Building regulations for a property are typically revealed through a CON29 search, which is a crucial part of the conveyancing process when you are buying a property.
Here is a more detailed breakdown:
• The CON29 Search: This is a standard form of enquiries made to the local authority by a solicitor or licensed conveyancer on behalf of the buyer. The search provides information about the property and the surrounding area, including details on planning matters, road schemes, and, importantly, any building regulation approvals that have been obtained.
• What it reveals: The CON29 search will show if any Building Regulation Certificates have been issued for work done on the property. This is vital as it proves that the building work has been inspected and approved by the local authority, ensuring it complies with the relevant legislation.
• Why it is so important: If a seller has done work on the property that doesn't have the required building regulations approval, it can be a problem. This work may be substandard, could violate planning laws, and may make it difficult to get a mortgage or sell the property in the future.
• Other ways to check: While the CON29 is the formal route for a property transaction, you can also often check a property's building regulation history directly on your local council's website. They may have a "Building Control Register" or a similar database where you can search for applications by address. However, councils often only retain this information for a set period, such as 15 years, and may not hold records for work carried out under a competent person self-certification scheme.
50
Enforcement notice must be served for breach of BRs when
Within ten years but unlimited if there is a public health at large
51
Which supersedes planning or title
Title if it says not able to build that overrules anything
52
Development is defined in what act …
S55 TCPA
53
What is development
UK planning, "development" is a broad term defined by Section 55 of the Town and Country Planning Act 1990.
* Carrying out building, engineering, mining, or other operations in, on, over, or under land. This covers things like construction, structural alterations, significant demolition, groundworks, etc.
* Making any material change in the use of any buildings or other land. This means changing how a property or land is used in a significant way (e.g., from a shop to a residential dwelling).
Key takeaway for "Development": It's about physical changes to land/buildings OR significant changes in their use. If you're building something new, altering a structure significantly, or changing the purpose of a property, it's likely "development."
