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A comprehensive overview of key concepts and regulations in planning law, focusing on the town and country planning act (tcpa) 1990. It explores the definition of 'development', use classes, permitted development, planning permission, enforcement actions, and building regulations. Presented in a question-and-answer format, making it an effective study tool for understanding the complexities of planning law.
Typology: Exams
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2 / 32 E - Commercial, business and service F - Local community and learning and non-residential institutions. E(a) - Retail sale of goods, other than hot food E(b) - Sale of food and drink for consumption on premises E(c) - Financial and professional services
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4 / 32 E(g) - Uses which can be carried out in a residential area without detriment to its amenity, including offices to carry out any operational or administrative functions and research and development. A1 - Shops A2 - Finan cial and profe ssion al servic es A
Food and drink B1 - Business B2 - General industrial B8 - Storage and distribution C - Hotels, residential institutions, dwelling houses, hous- es in multiple occupation, short- term lets D - Non-residential institutions D - Assembly and leisure Uses within the same use class are permitted by s 55 e.g., the change in use from a bank to a restaurant both fall into class E. Changes between use classes e.g., change from a distri- bution hub (B3) to a restaurant (E(b)) are not permitted. Changes to and from sui generis uses. Uses falling into a class of their own. They always require planning permission if changing to or from. Lists cases where planning permission is automatically granted. Under the General Permitted Development Order (GDPO), the following do not require express planning permission:
5 / 32 opment' in plan- ning law i.e., which changes do not require planning permis- sion?
6 / 32 Maintenance, improvement, alteration which affects the interior and does not materially affect the exterior. Developments within the curtilage of a dwelling house (e.g., extensions below a certain size, CCTV) Changes of use within the same 'class of use' Changes from certain sui generis uses. By issuing an Article 4 Direction negating the relevant concession. Solicitor should make sure there is no Article 4 Direction when advising client. Can apply for a Certificate of Lawfulness to the LPA. Express planning permission must be obtained from the LPA. Once a planning permission has been obtained, it contin- ues to exist for the benefit of the land and of all persons for the time being interested in it (unless otherwise specified in the planning permission itself). A planning permission will usually state that it has to be implemented within a certain time and will lapse if not implemented in that time 3 years in England and 5 years in Wales from the date of permission. Generally, no time limit is placed on when a Development
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11 / 32 Enforcement against a change of use to a single dwelling house must be taken when?
12 / 32 control when?
13 / 32 of building reg- ulation control when?
14 / 32 Require listed building consent. Higher the listing, the harder it will be to obtain consent from the LA. LPAs can designate parts of their area as 'conservation areas'. In these areas, buildings might require planning permis- sion from the LPA with regard to their external appearance. o (a) Is there a planning permission for the construction of the building or was planning permission not needed? o (b) Is the building currently being used for its authorised planning purpose? o (c) Are there any planning conditions which would pre- vent the buyer's future use or any proposed alterations? o (d) Are there any existing breaches of planning law for which action could be taken against the buyer after completion? o (e) Have any works been done which would have re- quired building regulations consent? o (f) Is the building listed or in a conservation area? If unregistered, title is proved by the title deeds. Seller provides buyer with copies of the deeds (before exchange of contracts) At completion, buyer's solicitor examines original deeds against the copies they received prior to exchange to verify the title. Seller hands over the original deeds at completion (unless only part of property it sold, in which case seller will keep original and hand over certified copies).
15 / 32 deed on comple- tion? A memorandum of sale is marked on the original deed.
16 / 32 Seller's solicitor will obtain deeds. After obtaining the deeds, seller's solicitor must consider whether any transaction in the property's history should have triggered registration of title (if it should have been registered, the seller must register it before any transac- tion can proceed). Seller's solicitor will look through deeds and find the root of title. Once root is found, older documents that pre-date it can be ignored. Seller's solicitor will then prepare the epitome of title. Usually the most recent doc that satisfies the require- ments of a good root. A good root must: -Deal with or show who owns the entire estate (legal & equitable) that is being sold -Contain a recognizable description of the land -Not cast doubt on the seller's title -Be at least 15yrs old A conveyance on sale or legal mortgage A deed of gift or an assent. But since these were gifts, a title investigation is unlikely to have taken place, making them less satisfactory roots.
17 / 32 serve as root of title?
18 / 32 Solicitor should look for a paragraph beginning with the word 'WHEREAS' stating that the Vendor (seller) is 'seised of the property ... for an estate in fee simple and is sell- ing the same to the Purchaser' (buyer). The conveyance should also state that the Vendor conveys the land as 'ben- eficial owner ... unto the Purchaser'. Such a conveyance is dealing with the entire legal estate and equitable interest in the land. Except where the root refers back to a third party right created in an earlier conveyance. The buyer must search against all the pre-root owners of whom they are aware. If there is uncertainty about the exact years a pre-root owner owned the land, the solicitor should search back to 1926, when the land charges sys- tem was introduced Personal representatives of a deceased proprietor This is a schedule of all documents from and including the root up until the present day. Search for in the title deeds: 1.The chain of ownership - should be an unbroken chain of ownership from root to present seller.
19 / 32 should be fo- cused on when checking them?
20 / 32 4.Incumbrances - e.g., easements 5.Execution - should check each document was properly executed. Most docs in a conveyancing transaction will need to be executed as a deed. 6.Land charges searches - some incumbrances will only operate over unregistered land if they are registered as a land charge amp duty (not SDLT) was an ad valorem tax payable on many conveyancing docs pre-Dec
21 / 32 epitome of ti- tle, some incum- brances will only operate over un- registered land if they are regis- tered as a land charge. What are the most com- mon charges?
22 / 32 The local land charges search Used for standard enquiries of the local authority
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24 / 32 Water and drainage search Pre- contr act enqui ries of seller Envir onme ntal searc h Flood search C h a n c e l r e p a i r s s e a r c h M ining searches Canal & River Trust search Commons search Railways search Highways search Unregistered land searches Company search Bankruptcy/insolvency search To assess the physical condition of the property. All transactions, but the type and level of detail will vary.
25 / 32 tions does it ap- ply?