Planning I Application Requirements, Exceptions And Appeals Notes

ADVANCED PROPERTY LAW AND PRACTICE WORKSHOP 4 Revision Notes: Planning I (Application Requirements, Exceptions and Appeals) PLANNING PERMISSION ! For certain types of 'development' planning permission must first be obtained before that development can take place legally. !The aim of the planing legalisation and system now in place in England is to ensure that land is used in a planned and appropriate manner. !! !! !! ! !!! ! !! !! !! !! Organisation of the Planning Control System in England & Wales !Planning permission is overseen by and split between 2 main tiers: ! Central Government: The Department for Communities and Local Government (DLCG) has 3 main functions: ! legislative --- makes orders, rules and regulations, usually by statutory instrument The Difference Between a Property Lawyer and a Specialist Planning Lawyer The Property Lawyer * deals with all aspects of a property transaction and covers many areas of property law * they may specialise in dealing with certain types of property or deal exclusively with commercial or residential property...but whatever, they will certainly need to be familiar with Town & Country Planning Specialist Planning Lawyer * deals solely with planning law and procedure. * they aren't concerned with the general run of property work. * they will be involved in apply for an appealing contested permission. For large scale developments: the function of the property and planning lawyer will probably be separate but the 2 will work closely together to get the right result for the client For smaller developments: the property generalist may be able to deal with the planning issues, depending on the amount of work involved and the level of expertise required ! * * administrative --- issuing policy guidance e.g. National Planning Policy Framework * quasi-judicial --- hearing first instance appeals against decisions of LPA's Local Government: Concerned with the implementation of central Government planning controls in relation to individual cases at a local level: ! !! !!! !! !! * County Planning Authority --- deals with county matters such as those involving minerals, national parks etc. * District Planning Authority --- has jurisdiction over development control and enforcement which does not concern a county matter...so most matters The Development Plan * s38(6): this is the starting point and main document for determining the outcome of a planning permission decision * its aim is to ensure land is used and planned in an appropriate fashion by setting polices to control development * these days, the development plan mainly contains the Local Development Frameworks (LDF's) which include a core strategy and proposals map for the local district area and Neighbourhood Development Plans which are plans created by the local community with the intention of enabling development without the need for planning applications, but these must be in line with national and LPA development policies * despite its importance it is not the sole factor in making a decision, consideration will be made for local finance and the National Planning Policy Framework (which presumes in favour of sustainable development) When Do You Need Planning Permission? !s57(1) Town and Country Planning Act 1990 --- planning permission is required for carrying out 'development' of land !s55(1) TCPA 1990 --- "development" is defined asanymeaning the carrying out of any... ! ! (1) "building, engineering, mining or other operations in, on, over or under the land": These 'operational developments' are all about physical changes to property/land: ! * 'building' includes: rebuilding, structural alternations, additions to buildings etc. * 'engineering' includes: formation or laying out means of access to highways !! ! ! demolition: although this does constitute development, where it does not form s55(2)(a) --- works for the maintenance, improvement or other alteration of a building which only affects the interior of the buildings, or which does not materially affect its external appearance, and which do not create room underground, does not constitute development * ! ! ! ! (2) "the making of any material change in use of any buildings or other land" These 'material changes' are all about changes from a planning perspective: * look at the relevant 'planning unit', consider each area separately * ancillary uses, which remain ancillary, may not constitute material change in use IS a material change of use: * s55(3) + (5) TCP 1990 --- converting a single dwelling house into 2 houses --- the depositing of refuse or waste materials ! ! ! !! !! !! !! !! !! !! ! part of a wider EIA, it is usually automatically granted under Part 31 GPDO so long as the proposed method of demolition is approved by the LPA (see below) IS NOT a material change of use: * s55(2) TCP 1990 --- (d) the use of any building or other land within the curtilage of a dwelling house for any purpose incidental to the dwelling house --- (e) land/buildings occupied for purpose of agriculture/forestry --- (f) change of use within same use class (see below) Changes of Use That Do Not Constitute 'Development' The Town and Country Planning (Use Classes) Order 1987 allows, prima facie, for a change of use within the same specified use classes: Use Class Types of Use A Shopping area users Use Class Types of Use C Residential uses A1 Shops C1 Hotels A2 Financial and professional services C2 Residential institutions A3 Restaurants and cafes C2A Secure residential institutions A4 Drinking establishments C3 Dwelling houses A5 Hot food takeaways C4 Houses in multiple occupation B Other business and industrial uses D Non-resedential uses B1 Business (offices) D1 Non-resedential institutions B2 General industrial D2 Assembly and leisure B8 Storage or distribution ! ! ! ! ! * See book for limitations, conditions and restrictions! Note: although a change within 1 class will not constitute a material change of use, there may be some accompanying BEMO operations which will constitute development. The Town and Country Planning (General Permitted Development) Order 1995 (GPDO) Here, under Sch 2, although the activity being conducted will technically amount to development, an express planning application is not necessary and permission is automatically granted: Part 1 --- development within the curtilage of the dwelling house* This permits: * Class A --- enlargements, improvements or other alterations of the dwelling house * Class B & C --- additions or alterations to its roof * Class D --- the erection of a porch * Class E --- any building, enclosure or pool for a purpose incidental to the enjoyment of the dwelling house * Class F & G --- the provision for storage of domestic heating oil * Class H --- the installation, alteration or replacement of a satellite ! ! ! ! Part 2 --- minor operations* This permits: * Class A --- the erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means for the purpose of enclosure * Class B --- the contraction of a means of access to a highway which is not a trunk or classified road * Class C --- painting the exterior of a building (not for advertisement purposes) Part 3 --- changes of use deemed non-detrimental* (see book for more) These are deemed non-detrimental and, amongst others, this includes: * A3, A4 and A5 > A2 * A2 > A1 --- so long as the premises have a display window at ground level * A3, A4 and A5 > A1 * B2 > B1 or B8 Part 4 --- temporary buildings and uses* ! ! ! ! ! ! ! ! * Class A --- the provision of buildings, structures etc. required temporarily in connection with authorised operations * Class B --- the use of open land for any purpose for up to 28 days * Class C --- use of any building as a state funded school for 1 academic year * Class D --- various flexible uses for a period up to 2 years Part 6 --- agricultural buildings and operations The erection, extension or alteration of buildings or excavations or engineering operations which are reasonable necessary for the purposes of agriculture. Part 31 --- demolition of buildings (see above) Part 41 --- office buildings* This permits the extension or alteration of an office building by up to 50% or an additional 100 square metres, which ever is less. Part 42 --- shops or catering, financial or professional services* 

Buy the full version of these notes or essay plans and more in our Advanced Property Law and Practice Notes.