#3496 - Planning Permission Notes - Property Law and Practice

Development =

The carrying out of building, engineering, mining or other operations in, on, over or under land

The making of any material change in the use of any buildings or other land

EXCEPTIONS

• Works for the maintenance, improvement or other alteration of building which effect only the interior

• Use of building or land of dwelling house for any purpose incidental to use of the dwelling house

• Change of use within same class as specified by UCO

ENFORCEMENT

Time limits within which the LPA must take enforcement action

In respect of building works and for changing the use of a building to use as a single dwelling house must be started within 4 years of the alleged breach. In all other cases, the time limit is 10 years.

• Enforcement notice – state the matters alleged to constitute breach and steps required to remedy

• Stop notice – only served in conjunction with enforcement notice

• Temporary stop notice

• Breach of condition notice – recipient cannot appeal against its service

• Injunction

LISTED BUILDINGS

Department for Culture, Media, and Sport and English Heritage – tighter controls

Consent must be obtained for development affecting such a building and criminal sanctions for non-compliance and no time limits for bringing enforcement proceedings

S55 TCPA 1990 defines ‘development’

S106 TCPA 1990 – planning obligation. Separate agreement entered into between developer and the LPA, and will be a material consideration when deciding as to whether the planning permission should be granted

Express application made to relevant LPA on a form supplied by that authority. Fee payable.

If not owner of the freehold of land then need to notify owner of application.

Full planning permission – deal with all aspects of a given development proposal. Subject to condition that development must be started within 3 years

Outline permission – permission in principle for development but requires a further application at a later stage for approval of detailed plans (‘reserved matters’) – made within 3 years and development must be begun within 2 years of approval of reserved matters

LPA can refuse the application but must make decision within certain time limits and failure to do so gives the applicant the right to appeal

TPO 1987

Change of us in the same use class does not count as change under the 1990 Act.

Change between use classes may also not count if falls with Town and Country Planning (General Permitted Development) Order 1995

• Also allows minor building, engineering and mining operations.

• E.g. for a conservatory – depending on its size and sitting it might be covered by the 1995 Order.

• Development within the cartilage of a swelling house

• Minor operations

• Change of use – can change from A2 to A1, B2 to B1, A3 to A1 and A3 to A2.

• The LPA has power to restrict the GPDO by passing an order – ‘Article 4 Direction’-check for these on LLC1.

Use Classes:

A1: Retail shop (not hot food except if internet cafe)

A2: Professional and financial services and other services that would be found in a shopping area.

A3: Sale of food or drink for consumption on premises

A4: Public house or wine bar

A5: Hot food for consumption off the premises

B1: Offices other than those in A2 and light industrial use

B2: Other industrial uses

B8: Storage or distribution centre

C3: Dwelling houses

C4: Houses in Multiple Occupation

Obtain planning permission before exchange of contracts or make the contract conditional upon obtaining that planning permission

Less expensive and leaves developer with greater degree of flexibility as to the timing of finalising the detailed plans for its development

*Planning Issues to Address

• The date when the property was first built and the use to which it has been put since then.

• Whether any additions, alterations or extensions have been made to the property or within its grounds since it was first built and if so the date of each addition.

• If any activity has been carried out that could potentially have required planning permission; that either planning consent was obtained or that such consent was not required. Any conditions should be checked to ensure they were complied with.

• Whether any alterations, changes of use etc have taken place in breach of any covenants.

• Whether the property is a listed building or in a conservation area.

• Where alterations or additions to the property have been made whether building regulation control has been complied with.