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Planning Permission Issues Notes

LPC Law Notes > Commercial Property Notes

This is an extract of our Planning Permission Issues document, which we sell as part of our Commercial Property Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Commercial Property Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Elective: Commercial Property

Commercial Property Planning Permission

UK Planning system
? Town and Country Planning Act 1990 [TCPA]: sets out the main framework of the UK plannin system.

? Department of Communities and Local Government [DCLG]: central government department which has responsibility for town and country planning. It has 3 functions [Legislative; administrative; Quasi-jurisdictional].
? Local Planning Department [LPA]: the decision makers around planning. Planning Inspectorate to step in when LPA cannot deal with the issue effectively

When is planning permission required
? S.57 TCPA 1990 = PP is needed whenever "any development of land" is being carried out.
? S.55(1) = definition of development "The carrying out of building, engineering, mining, or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land" Operations

1. Operational Development

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S.55(1A) TCPA:

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Building operations = rebuilding; structural alterations; additions to buildings

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Also: engineering and mining operations

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S.55(2)(a): Changes to the interior which do not materially affect external appearance and does not provide additional underground space will not be considered a development [but tell client they should consider "Building Regulations."]

2. Demolition

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S.55(1A) = demolition is an operational development.

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SAVE Britain's Herritage v SSCLG: quashed Paragraph 2(1)(a)-(d) Demolition Direction 1995. Demolition to listed buildings / buildings in a conservation area /
monuments are now classed as a "development" - so no longer exempt from the requirement to obtain planning permission. Therefore these buildings can be treated the same as residential buildings generally.
[Before this they could not apply for planning permission and SOS had to approve instead].

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GPDO Part 31: No pp for demolition development BUT Developer will need to apply to the LPA to secure prior approval for the proposed method of demolition.

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Is any other consent needed - e.g. heritage properties require further consent

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Commission v Ireland: demolition works come within the scope of EIA Directive. 1

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