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Planning Law: Key Concepts and Regulations - FLK2 Property Practice 2, Exams of Nursing

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

2023/2024

Available from 01/17/2025

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  1. What is the key piece of legisla- tion in planning law?
  2. Under the TCPA, a 'Development' is significant be- cause?
  3. Under s 55 TCPA, The Town and Country Planning Act (TCPA) 1990 A 'Development', as defined by the Town and Country Planning Act, requires planning permission. s 55 TCPA definition of 'Development': a Development is 'Carrying out building, engineering, mining or other oper- defined as?
  4. Under the s 55 definition, there are two strands of controlled de- velopment. What are they?
  5. s 55 stipulates that a 'material change in use' classes as a de- velopment. What is the Use Class- es Order?
  6. What are the classes of use in England? ations in, on, over or under land, or making of a material change in the use of any buildings or the land.' Operational developments - building, engineering, mining, other operations Material change in use - change between use classes. Use Classes Order: Lists the uses grouped together into use classes. B2 - General Industrial B3 - Storage and distribution C - Hotels, dwelling houses, houses in multiple occupation

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

3 / 32

  1. What are the classes of use in Wales?
  2. Which changes in use are permit- ted by s 55?
  3. Which changes in use are not permitted by s 55 and so require planning permis- sion?
  4. What are sui generis uses?
  5. What is the General Permit- ted Development Order?
  6. What does not fall within the scope of a 'Devel-

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?

  1. The GDPO ex- ceptions can be excluded by the SoS or LPA how?
  2. It is difficult to ascertain which works fall with- in the GDPO. How can solic- itors overcome this?
  3. What if a De- velopment does not come with- in the GDPO and there is no Cer- tificate of Lawful- ness obtained?
  4. What is the effect of planning per- missin?
  5. What are the lapsing rules for 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

7 / 32

  1. Lapsing rule for planning permis- sion in England?
  2. Lapsing rule for planning permis- sion in Wales?
  3. If someone de- velops property against planning protocol, what can the LPA do in response?
  4. What is an En- forcement No- tice?
  5. What is a Stop Notice?
  6. When do En- forcement No- tices become ef- fective?
  7. What is a Breach of Condition No- tice? is to be completed (although LPA can serve completion notice if taking an unreasonable time). 3 years from date of permission 5 years from date of permission Issue an Enforcement Notice Issue a Stop Notice Issue a Breach of Condition Notice Seek an injunction Can be issued for any breach of planning control when it is expedient. It specifies the breach and steps to be taken. Must be served on the owner/occupier. Will become effective 28 days after service. Can be issued to bring activities in breach to a stop before the Enforcement Notice takes effect (28 days after ser- vice). Enforcement Notice must have been served first. 28 days after service. Can be served where a breach of planning control is a breach of a condition attached to planning

8 / 32 permission.

9 / 32

  1. When can an LPA seek an injunc- tion?
  2. What is an oper- ational develop- ment? What is a materi- al change of use? If the injunction is expedient and necessary and appropri- ate in the circumstances. Operational development - change/alteration to building that requires planning permission (enforcement must be taken within 4 years) Material change of use - change from one use class to another (enforcement must be taken within 10 years from the date of breach)
  3. What are the time limit(s) for an LPA to take enforcement ac- tion? o 4 years for operational development carried out without planning permission; o 4 years for change of use to a single dwelling house; o 10 years from the date of the breach for all other breach- es (such as material change of use or breach of a planning condition). If the LPA fails to take enforcement action within the rel- evant time period, then no further action can be taken in respect of the breach.
  4. Enforcement against an operational development must be taken when? 4 years from date of breach
  5. Enforcement against a material change of use must be taken when? 10 years from date of breach

10 / 32

  1. 4 years from date of breach

11 / 32 Enforcement against a change of use to a single dwelling house must be taken when?

  1. Enforcement against a breach of a planning condition must be taken when?
  2. What can happen if a planning con- trol notice is not complied with?
  3. What is building regulation con- trol? How is it enforced? How can buyers pro- tect themselves from it? 10 years from date of breach It is an offence punishable by a fine. Owner of property is held responsible. Separate from planning permission, this governs health and safety with regard to buildings being built and altered. Must apply to the local authority for building regulations consent. After inspections, a certificate of compliance may be issued. LAs can prosecute for breach within 2 years. Can issue enforcement notice within 1 year. Can seek injunctions. Buyers can check whether building regulations have been complied with using the search and enquiries prior to exchange of contracts.
  4. LA can prosecute Within 2 years of the date of breach breach of build- ing regulation

12 / 32 control when?

  1. LA can issue enforcement no- tice for breach Within 1 year of date of breach

13 / 32 of building reg- ulation control when?

  1. What is the rule with regard to al- tering and de- molishing listed buildings?
  2. What are conser- vation areas?
  3. What steps with regard to plan- ning permission should a solicitor take when acting for a buyer?
  4. If land is unregis- tered how is the title proved?
  5. For unregistered land, what hap- pens to the title

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.

  1. How does sell- er deduce title to the buyer?
  2. What is the root of title?
  3. What is a good root?
  4. What are gen- erally acknowl- edged to be the most acceptable roots of title?
  5. If neither a con- veyance on sale or legal mort- gage are avail- able, what can

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?

  1. How can a so- licitor establish whether a con- veyance deals with both the le- gal and equitable interests in the land?
  2. Once the root is found, older documents that pre-date it can be ignored. Except?
  3. What other pre-root informa- tion is required?
  4. Who else must the solicitor search against in a root of title in- vestigation?
  5. What is the epito- me of title?
  6. Once the root has been iden- tified, that root and all sub- sequent deeds must be checked thoroughly. What

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.

  1. Description of the land - description should be consis- tent throughout all deeds.
  2. Stamp duties - was payable on many conveyancing docs before 2003 evidenced by embossed stamps.

19 / 32 should be fo- cused on when checking them?

  1. When reading the title deeds, what is stamp duty and what is important to identify regard- ing it?
  2. When checking all deeds in the epitome of title, one must ensure each document has been execut- ed. How?
  3. What are the for- malities of a deed re unregistered land?
  4. When must a deed be signed and sealed by its maker?
    1. When checking all deeds in the

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

  1. Should establish that the right amount was paid on each transaction. st conveyancing docs are executed as a deed. A deed must: (a) be in writing (b)make it clear on its face it is a deed (c) be signed by the person granting the interest in the presence of a witness who attests to the signature (d)be delivered as a deed (e) [Only for deeds prior to 31 July 1990] must be signed and sealed by its maker. it was executed prior to 31 July 1990 C(iv) an estate contract; D(ii): a restrictive covenant

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?

  1. As part of an investigation of an unregistered title, what must a solicitor con- duct a valid search against? What is the rele- vant form?
  2. What is the prin- ciple of caveat emptor?
  3. Who makes the searches and D(iii) an equitable easement F: a Home Right The names of all estate owners revealed in the epitome of title and attached documents, even if their period of ownership pre-dates the root. This search is entered onto the K15 form. Pre-contract searches and enquiries by the buyer's solic- itor are important as the seller has a very limited duty to disclose certain matters affecting the title of the property (although cannot mislead or misrepresent). The buyer's solicitor. raises enquiries? o Needs to decide what types of enquiries and searches to make for each specific property. o Failure to make correct searches/enquiries can give rise to a negligence claim if buyer suffers loss. o Needs to get enough for buyer to make informed deci- sion.
  4. What is form LLC1 used for?
    1. What is form CON29 used for?

22 / 32 The local land charges search Used for standard enquiries of the local authority

23 / 32

  1. What is form CON29O used for? Used for optional enquiries alongside CON29 e.g., envi- ronmental and pollution notices.
  2. What is form Water and drainage search for residential properties CON29DW used for?
  3. What is Water and drainage search for commercial properties. form Commer- cialDW used for?
  4. What is form Mining search with Coal Authority. CON29M used for?
  5. What types of Survey and personal inspection searches and en- Local search quiries should be made on all prop- erties?
  6. What types of searches and en- quiries are situa- tional?
  7. What is the pur- pose of a sur- vey/personal in- spection and to which transac-

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?

  1. What is the pur- pose of a lo- cal search and to which transac- tions does it ap- ply?
  2. What is the pur- pose of a wa- ter and drainage search and to which transac- tions does it ap- ply?
  3. What is the pur- pose of pre-con- tract enquiries of the seller and to which transac- tions does it ap- ply?
  4. What is the pur- pose of environ- mental search- es and to which transac- tions does it ap- ply?
  5. What is the pur- pose of flood searches and to which transac-