Summary Advanced Real Estate 2021- WS4 Planning Permission
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Course
LPC - Legal Practice Course
Institution
LPC - Legal Practice Course
This is a full and comprehensive set of notes that covers all workshop outcomes in detail for workshop 4 of Advanced Real Estate
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. Understand the conditions relating to planning contained in a typical sale and purchase
agreement and explain the buyer’s rights, obligations and options in relation to them.
2. Demonstrate research and understanding in relation to the nature of, and interplay between,
planning obligations and the Community Infrastructure Levy
3. Amend a s.106 agreement in order to protect a developer’s position and justify those
amendments.
OVERVIEW OF PLANNING PERMISSION
The It is the main document for determining the outcome of the decision.
development
plan • s38(6) PCA
o [Planning determination] must be made in accordance with the plan unless material
considerations indicate otherwise.
• Aims to ensure that land is used in a planned and appropriate fashion setting out policies to govern
development in a given area
• Developers need to look carefully at the development plan as starting point to see if it contains any
policy on the development proposed
When is s57(1) TCPA 1990: Planning permission is required for any development of land
planning
‘Development’
permission
s55(1): the carrying out of building, engineering, mining or other operations in, on, over or under land,
needed?
or the making of any material change in the use of any buildings or other land.
• There are two limbs:
o Operational development; and
o Material change of use.
‘Operational development’
s55(1A) and s336(1):
• Building operations
o Rebuilding, structural alterations or additions to buildings and other operations undertaken
by a builder.
• Engineering operations
o Formation or laying out of means to access highways
• Mining operations
• Other operations.
s55(2)(a): works for the maintenance, improvement or other alteration of a building which affect only
the interior of the building, or which do not materially affect its external appearance, and which do not
provide additional space underground do not constitute development.
• However, increasing retail floor space by more than 200m2 in England is development.
Demolition
Demolition falls within definition of operational development under s55(1A), but under s55(2)(g), the
Secretary of State (SOS) has the power to identify works of demolition to which this will not apply.
• Following demolitions do not require planning permission
o Any building that does not exceed 50m3
, o Fences, walls or other means of enclosure (where not in conservation area).
Material change of use
In order to constitute development, a change of use must be ‘material’.
• There is no statutory definition of material.
• Matter of fact and degree for decision-maker.
• Consider change of use in relative ‘planning unit’
o Single sites with substantially different purposes should be considered separate planning
units.
Statutory Clarifications
s55(3)+(5): following are considered to be material change of use:
• The use as two or more separate dwelling houses of any building previously used as a single
dwelling house; and
• (Generally) the deposit of refuse or waste materials.
• Use of display for advertisements of any external part of a building which is not normally used for
that purpose.
s55(2): following expressly excluded from amounting to development
• The use of any building or other land within the curtilage of a dwelling house for any purpose
incidental to the enjoyment of the dwelling house as such.
o Factors to be considered:
§ The nature and scale of the use
§ Whether it is one which could reasonably be expected to be carried out in or
around the house for domestic needs or incidental to the personal enjoyment of
the house by its occupants: Ministerial Decision [1977]
§ Wallington v Secretary of State for the Environment [1991: Keeping 44 dogs as
pets was held not to be an incidental use.
§ Enjoyment of the dwelling house must be distinguished from the enjoyment of the
occupier
• The test for enjoyment is objective, not subjective).
• The use of any land or buildings occupied with it for the purposes of agriculture or forestry.
• s55(2)(f): Changing use within a class defined by TCP(UC)O 1987.
Change of use within same Use Classes Order
• A1 Retail shop. It does not include the sale of hot food.
• A2 Professional and financial services and other services found in a shopping area.
• A3 Restaurant and Cafe: Sale of food or drink for consumption on the premises.
• A4 Drinking establishments: Use as a public house or wine bar.
• A5 Hot food takeaways: Sale of hot food for consumption off the premises
• B1 Business: Offices other than those in A2 and light industrial use.
• B2 General industrial: Other industrial uses.
• B8 Storage or distribution centre.
• C1 Hotels
• C3 Dwelling houses.
• C4 Houses in multiple occupation
• D1 Non-residential institutions (eg medical centres, libraries and museums).
• D2 Assembly and leisure (eg cinema, swimming pool).
Some uses (‘sui generis’ uses) are expressly excluded from any category in the UCO, including:
• Petrol station, a launderette, a night club, a theatre, a hostel, scrapyard or casino.
Permitted The Town and Country Planning (General Permitted Development) Order 2015 (GPDO)
development Automatically grants planning permission to development which falls within its scope without the need
for an express planning application. There are six main categories:
• Development within the curtilage of a dwelling house (p37)
o This permits a variety of forms of development, including:
, § The erection of extensions and porches
§ Laying down of a hard surface such as a car port.
• Minor operations
o This permits a variety of minor operations including:
§ The erection of fences and gates
§ The painting of the exterior of a building.
• Permitted change of use
o Permits a variety of chances between use classes.
§ p38
• Temporary buildings and uses
o Permits temporary structures and uses in connection with authorised operations.
• Agricultural building and operations
o Permits operations and buildings reasonably necessary for agricultural purposes.
• Non-domestic extensions
o Permits Class F and Class A extensions to office buildings subject to conditions.
• Heritage and demolition of buildings
o Permits demolition in certain circumstances.
Where GPDO is being relied on, consider the following
§ Limitations imposed by GDPO
§ Conditions imposed by GDPO
§ Article 4 Directions
o Enquire as to whether Art 4 is in force.
§ Empowers LPA and SOS to restrict the GPDO in whole or in part.
§ Special development orders
§ Local development orders and simplified planning zones
§ Neighbourhood development orders
Appeals of LPA The applicant may appeal to the SOS where an LPA has:
decision
a) Refused to grant planning permission; or
b) Granted planning permission subject to conditions to which the applicant objects.
c) Refused approval of reserved matters on an outline permission; or
d) Refused an application or granted a permission subject to conditions under s 73 or s 73A; or
e) Failed to notify its decision within the prescribed period (normally eight weeks),
This right to appeal is subject to certain time limits, dependent on the nature of the appeal
• In the case of appeals not being brought by a householder, the time limit is six months from the
date of the relevant notice from the LPA or expiry of the prescribed period.
Who may appeal?
Only the applicant may appeal; this is so even though the applicant may not be the owner of an interest
in the land.
Third parties have no right of appeal, and neither does the owner of the freehold have an independent
right of appeal.
However, third parties may challenge the decision by judicial review where there has been a procedural
error.
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