What legislation controls the development and use of land and buildings in England and Wales?
Town and Country Planning Act 1990 (TCPA)
This act establishes the framework for planning control in England and Wales.
Who is responsible for advising on how the Town and Country Planning Act 1990 affects a property?
A buyer’s solicitor
The solicitor provides guidance on the implications of planning legislation for property transactions.
What are the two ways in which ‘development’ is defined under the TCPA 1990?
- Physical Operations - building , engineering , mining or other operations on or over under land
- Material Change of use - making a significant change in how buildings or land are used
What are some exemptions to development ?
Internal alterations that do not materially change the external appearance
Agricultural or forestry uses
Changes of use that remain within the same ‘use class’
What are ‘Permitted Development Rights?’
Developments that fall within the statutory defnition but are allowed without needing express consent
What are some examples of permitted development rights
Porches
Small House extensions
Fences
Gates (subject to height limits)
To what types of development do permitted development rights not apply
Listed buildings or properties in protected areas e.g Conservation Areas, National Parks, World Heritage Sites.
How do Local Authorities withdraw these rights?
By issuing an Article 4 direction
What is An Article 4 direction?
Legal tool used by local authorities to withdraw permitted development rights within a specific area.
Where doubt exists, what should buyers do to check if works are lawful?
Buyers may apply for a lawful development certificate
Who is Planning application made to?
Local authority
What are the two forms of planning application?
Outline permission
Full permission
What is outline permission?
Approval in principle suject to the later submission of detailed plans
What is full permission
Approval based on detailed plans and specifications
Within what time frame must planning permission commence after permission is granted
Three years
Do planning permissions often include specific conditions
Yes. Failure to follow constitutes a breach of planning control
When does a ‘breach of planning control’ arise
if development is carried out without permission or if conditions are ignored
what are some of the enforcement actions that can be taken by local authority
- retrospective planning application
-planning contravention notice - enforcement notice
-planning enforcement order - stop notice alongside enforcement order to halt unlawful activtity
how long does the local authority have to take action for breaches occurring on or after 25 April 2024?
10 years
How long do the local authority have to take action against breaches from before 25 april 2024 (and all breaches in wales)
4 years - unauthorised building operations
4 years- unauthorised change of use to a single dwelling
What search reveals planning permission and enforcement action on a property?
Local Authority Searches (LLC1 and CON29)
What is the relationship between planning permission and restrictive covenants
Planning permission does not override restrictive covenants - buyer may have permission to build but still be legally blocked by a private covenant
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Planning Law31
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Register of title cheat sheet3
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Overriding interests5
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Leasehold Property Repairs Act 1938 + Section146 of the Law of Property Act0
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Auction contract in the context of land , restrictions and covenants on title0
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Termination of Leases under Section 30, section 25, section 260
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Leasehold with a share of a freehold0
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Landlord covenants0
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Co-ownership0
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LTA -0
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Covenants0
