Chapter 1 – Planning and Pre-Contract Searches and Enquiries
SGS 2 – Local Authority Consents, Pre-Contract Searches and Standard Enquiries
The following must be considered independently and separately –
1. Planning permission (beware of Article 4 Directions)
2. Listed building consent
3. Building regulation
Planning Permission
Are there any past breaches of planning legislation?
Are there any past building operations still in existence for which permission was not obtained?
Are there any material changes of use still in existence for which permission was not obtained?
Are the breaches still within the enforcement period?
Require the seller to rectify any relevant breaches by a special condition on the contract
Does the proposed use of the property require any planning permission?
Does the buyer propose any building operations which would require permission?
Does the buyer propose a material change of use which would require permission?
Submit an application for outline planning permission
Developments Planning permission is required for ‘development’ (Town and Country Planning Act (TCPA) 1990, s.57(1))
Planning applications are made to and considered by the local planning authority (LPA)
‘Development’ means any –
1. Building operations (TCPA, s.55(1)) or
2. Material change in use (TCPA, s.55(1))
Possible to apply for an outline planning permission indicating whether LPA is likely to approve in principle
–
Need to further apply for ‘reserved matters’ set out in outline permission (usually within 3 years)
Building operations
‘Building operations’ is defined as –
Include the following (TCPA, s.55(1A)) –
o Demolition of buildings
o Rebuilding
o Structural alterations or additions to buildings
o Operations normally undertaken by a person carrying on business as a builder
Does not include (TCPA, s.55(2)(a)) operations which –
o Affect only the interior or do not materially affect the external appearance and
o Do not provide additional space underground
‘Permitted developments’ are developments which do not require formal planning permission (Town and
Country Planning (GDP) (England) Order (GDPO) 2015, Sch.2, Pt.2) –
NB: see statute for permitted development and criteria relevant to each class
LPA may disapply permitted developments by an Article 4 Direction (e.g. Conservation Area)
Change of use
Determine the current and future use classes of the property by reference to the new regime
Determine the current and future use classes of the property by reference to the old regime
Check whether a material change of use under the old regime permitted under the GDPO
Check that the change of use is to take place within the transitional period
‘Material change in use’ is when the use of a property is changed from one use class to another (Town and
Country Planning (Use Class) Order (TCP(UC)O) 1987, Sch.)
TCP(UC)O 1987 was heavily amended by Town and Country Planning (Use Classes) (Amendment)
(England) Regulations 2020 (2020 Amendment), which took effect from and including 1 September
2020 –
Created the following new use classes –
1. Class E (commercial, business and service)
2. Class F1 (learning and non-residential institutions)
3. Class F2 (local community)
4. New sui generis classes – wine bar, live music venue, hot food takeaway, cinema, concert
hall, bingo hall, dance hall, etc. (TCP(UC)O 1987, Art.3(1)(6), as amended)
Subsumed Classes A1, A2, A3 and B1 into a new Class E
Subsumed some of Class D1 and D2 into new Class F1 and F2
Transitional period from and including 1 September 2020 to and including 31 July 2021 –
o Old use classes still applies
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, Chapter 1 – Planning and Pre-Contract Searches and Enquiries
SGS 2 – Local Authority Consents, Pre-Contract Searches and Standard Enquiries
o Permitted changes of use under the GDPO still applies
A use class may either be –
Sui generis (in a class of their own)
Represented by a letter and a number (e.g. Class B8)
Represented by just a letter (e.g. Class E)
Examples of material and non-material changes of use –
A storage centre to a restaurant, Class B8 to Class E, is a material change of use
A shop to a pub, Class E to sui generis, is a material change of use
An office to health centre is not, Class E(g) to Class E(e) (TCPA, s.55(2)(f) and TCP(UC)O 1987,
Art.3(1))
‘Permitted changes of use’ are material changes which do not require formal permission (GDPO, Sch.2,
Pt.3) –
NB: see statute for permitted changes of use
LPA may disapply permitted changes of use by an Article 4 Direction
Breach Notices
The LPA may serve the following notices –
1. Enforcement Notice
2. Stop Notice
3. Planning Contravention Notice
An Enforcement Notice is servable in the event of a breach, which imposes a continuing obligation to
either –
1. Require the land to be restored to the condition it was in before the unauthorised development
or
2. Secure compliance with any conditions or limitations imposed by a planning permission
Non-compliance with Enforcement Notice could result in –
Criminal sanctions and
Demolishment (in some circumstances)
A Stop Notice prohibits (almost immediately) the carrying out of activities in breach of planning legislation
and cannot exist independent of an Enforcement Notice
A Planning Contravention Notice is –
Served where there is reasonable belief of a breach of planning legislation
Used to flush out information about potential breaches
Likely to lead to an Enforcement Notice
Enforcement period (TCPA, s.171B)
Building operations – 4 years following substantial completion
Material change of use to a single dwelling house – 4 years from the date of change of use
Material change of use other than to a single dwelling house – 10 years from the date of change of use
Breach of a condition attached to a planning permission – 10 years from the date of the breach
NB: the LPA is not limited by an enforcement period where there has been concealment of development
Listed Buildings
Buildings which have ‘historical or architectural merit’
Check whether the property is a listed building
Check whether there are past (internal or minor) operations still in existence for which listed building consent was not
obtained
Warn the buyer that there is no limit to enforcement and that he may be liable for rectification works
Listed building consent Required for internal or external building operations (however minor) affecting building’s
character
NB: assume that all operations to a Listed Building require Listed building consent
Planning permission Listed Buildings benefit from some, but not all, of permitted developments under GDPO
NB: assume that all developments to a Listed Building requires formal planning permission
Breach No time limit for enforcement for works carried out without Listed building consent
Criminal sanctions may only be levied against the original perpetrator
Rectification works can be required of subsequent owners
Conservation Areas
Means an area ‘of special architectural or historical interest, the character or appearance of which it is desirable to preserve
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