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Summary Planning Law - Advanced Commercial Property
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Condenses all the reading, lectures and SGS activities to about 30% the original volume. Clear, Concise and Organised.
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2. PLANNING LAW Principal aim = control development/use of land in order to improve the local environment
o Administered and enforced by local planning authorities (LPA)
Department for Communities and Local Government (DCLG) responsible for creation of
planning policy, legislation and Planning Appeals (administered by Planning Inspectorate)
KEY LEGISLATION
1. Town and Country Planning Act 1990 (‘TCPA 1990’).
2. Planning (Listed Buildings and Conservation Areas) Act 1990.
3. Planning and Compensation Act 1991 (‘PCA 1991’).
4. Planning and Compulsory Purchase Act 2004 (‘PCPA 2004’).
5. Planning Act 2008 (‘PA 2008’).
6. Localism Act 2011 (‘LA 2011’).
7. Growth and Infrastructure Act 2013 (‘GIA 2013’).
The statutory framework is set out in the TCPA 1990, and the procedures relating to the planning
system are set out in detail in delegated legislation such as the Town and Country Planning
(Use Classes) Order 1987 (‘UCO 1987’), which has been added to and amended by:
the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005
(‘UCO 2005’)
the Town and Country Planning (General Permitted Development) (England) Order
2015 (‘GPDO 2015’); and
the Town and Country Planning (Use Classes)(Amendment)(England) Regulations
2020 (‘UCO 2020’).
WHEN IS PLANNING PERMISSION REQUIRED?
s.57(1) TCPA = required for any ‘development’
s.55 TCPA – Development = ‘the carrying out of building, engineering, mining or other
operations in, on, over or under land, or the making of any material change in the use of
any buildings or other land’.
o So either 1) carrying out operations or 2) material change of use (or both)
E.g. construction of new factory on previously undeveloped farmland
,OPERATIONAL DEVELOPMENT
BUILDING OPERATIONS (S.55(1A))
Includes:
a) demolition of buildings;
b) rebuilding;
c) structural alterations of, or additions to, existing buildings; and
d) other operations normally undertaken by a person carrying on business as a builder.
Mezzanine floors – operations that have the effect of increasing gross floor space – 200m 2
o Applies to buildings used for retail sale of goods other than hot food – need PP
Engineering operations – formation or laying out of means of access to highways
Does not include:
s.55(2)(a) - the carrying out for the maintenance, improvement or other alteration of any
building of works which:
a) affect only the interior of the building or do not materially affect the external
appearance of the building; and
b) do not provide additional space underground.
s.55(2)(g) - ‘the demolition of any description of building specified in a direction given by
the Secretary of State…’
, TOWN AND COUNTRY PLANNING (USE CLASSES) ORDER 1987 (UCO 1987)
Specifies sui generis uses (Para (6) UCO) and use classes (Sch 1&2 UCO)
A change from any sui generis use to a (different) sui generis use requires PP app
o E.g. changing a car dealership (Para 6(e) UCO) to a scrapyard (Para 6(g) UCO)
A change from a sui generis use to a use class requires PP app
o E.g. changing a car dealership (paragraph 6(e) UCO) to a storage centre (Class B8)
A change from a use class to a sui generis use requires PP app
o E.g. changing the use from storage centre (Class B8) to a car dealership (para 6(e))
A change from a use class to a use in a different use class may PP app unless the
change is permitted by the GPDO 2015
transitional provisions in place between 1 September 2020 until 31 July 2021 - If a
material change of use took place during the transition period which was not permitted
under the GPDO 2015 but would have been permitted under the original UCO 1987
classes, then the change would be permitted during the transition period
o E.g. a developer changed the use of a property from an office to a warehouse during
the transition period.
Applying the UCO this would have been a material change of use from Class
E(g) to B8, which is not permitted by the GPDO.
However, during the transition period this would have been treated as a
material change of use from Class B1 to Class B8 which is permitted by the
GPDO and therefore the developer would not have to apply for PP.
A change within one of the use classes specified in the UCO 1987 does not constitute a
“material change of use” and does not therefore constitute “development”.
o Therefore PP not required for a change of use falling within the same use class
Effect on Drafting Lease Use Clauses
T’s use permitted by the lease often limited to a particular use/sub-use
T and LL must decide which iteration of the UCO amendments they wish to use
o E.g. “Any reference to an Act of Parliament shall include any amendment modification
extension or re-enactment of it for the time being in force and shall include all subordinate
legislation deriving validity from it (except in relation to the Town and Country Planning
(Use Classes) Order 1987 which shall be interpreted exclusively by reference to the
original provisions of Statutory Instrument 1987 No. 764 whether or not it may at any
time have been revoked or modified)”.
Gives LL greater control of how the premises are used – will tend to narrow tenant’s options
by excluding UCO amendments in user clauses
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