Summary Advanced Real Estate WS5- Planning Enforcement
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Course
LPC - Legal Practice Course
Institution
LPC - Legal Practice Course
This summary contains a detailed set of notes, covering all of the outcomes for workshop 5 of the Advanced Real Estate course.
The notes are ready to be printed and used in the exam. I used these notes and achieved a high distinction in the LPC
Outcomes
1. Analyse the suitability, from the Local Planning Authority’ point of view, of the proposed terms
of a s.106 agreement and an associated undertaking for costs.
2. Identify a breach of planning control and advise on the most appropriate method of
enforcement available to a local planning authority in a given situation.
3. Explain and advise on the contents of an enforcement notice.
Powers afforded to the Local Authority
• Right of entry- s.196A-C TCPA 1990
• PCN- s.171
• Enforcement notice s.172-182
• Stop notice s.183
• Temporary stop-notice
• Injunction- 187B
Time limits for the LPA to take enforcement action
s. 171B TCPA 1990
(a) Where the breach consists of:
a. Operational development carried on without planning permission; or
b. A change of use of any building to use as a single dwelling house
= 4 YEARS to take action from the date the use changed, or the works completed
All other breaches- material change of use (other than to single dwelling house) and
• Any breach of planning condition or limitation attached to planning
= 10 years from the breach
After the period for enforcement has expired
s. 171BA
• Permits the LPA to take enforcement action for apparent breaches of planning control after the expiry, however
the LPA need to take the matter to the Magistrate’s court and apply for a planning enforcement order.
• Will only be granted if the Magistrates are satisfied that on the balance of probabilities, the breach has
deliberately been concealed.
s.191 application for a certificate of lawful use or development- CLEUD
• Can apply to show the new lawfulness of the property once the period for enforcement has expired and apply to
the LPA for a certificate of lawful use.
• Declaration of lawfulness will make the property more appealing and marketable.
, Methods of enforcement
Right of entry for Right of entry without a warrant-
enforcement any person duly authorised in writing by the LPA, may enter any land at any reasonable hour
purposes without warrant to:
s.191A-C (a) Ascertain whether there is or has been any breach of planning control on that or any
other land; or
(b) Determine whether any enforcement power should be exercised and. If so, how or
(c) Ascertain whether there has been any compliance with any enforcement power that
has been exercised.
There must be reasonable grounds for doing so- the entry must be the logical means for
obtaining such information.
Where it is a residential house- 24 hours’ notice must be given to the occupier.
Power to enter without a warrant- however there must be:
(a) Reasonable grounds for entering for the purpose on question and
(b) Admission has been refused or it is reasonably apprehended that it will be refused-
must be in writing, if not entry is refused.
N.B for investigation purposes on the facts. It may be that the LPA can go to the
premises for investigative purposes to see whether a breach is being committed,
without entering with or without a warrant-
USE WHERE YOU CANNOT EASILY OBTAIN THE EVIDENCE
Planning
contravention Principal power available to the LPA for obtaining information needed for enforcement
notice purposes. Done before an enforcement notice to ensure that there is a breach
s.171C-D
Can require the person to whom it is served on to: s.171C
(a) State whether the land is being used as alleged in the notice, or whether alleged
operation or activities are or have been carried out
(b) State when any use, operation or activity began
(c) Give particulars of any person known to use of have used the land for any purpose, or
to be carrying out or have carried out any operations or activities
(d) Give any information on planning permission or state why PP is not required
(e) State his interest in the land and any name and address of any person he know to
have an interest in the land
PCN can be served on anyone who is the owner or occupier of the land to which the notice
relates, or who has any other interest in it, or on anyone who is carrying out operations on the
land or using it for any other purpose s.171C
Breach of condition Used as an alternative remedy where the LPA seek to secure compliance with conditions or
notice limitations attached to existing planning permission.
s.187A
- Alternative remedy to an enforcement notice where the LA seeks compliance with
conditions or limitation attached to an existing planning permission. Unlike an
enforcement notice- there is no right to appeal against the service of such notice.
- Served on anyone who is carrying or carried out the development or anyone having
control of the land.
- If the person served has not remedied the breach by the time specified in the notice,
he will be guilty of an offence
Defence: the person served may prove that they took all reasonable steps to ensure
compliance with the notice or, if he was served as the person having control of the land, he
was not in control at the time the notice was served.
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