A more recent version of these Planning Permission Notes notes – written by Cambridge And Oxilp And College Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our Property Law and Practice Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
What does it do?
Needed in respect of any activity which constitutes development
Requirements Development =
The carrying out of building, engineering, mining or other operations in, on, over or under land The making of any material change in the use of any buildings or other land EXCEPTIONS
- Works for the maintenance, improvement or other alteration of building which effect only the interior
- Use of building or land of dwelling house for any purpose incidental to use of the dwelling house
- Change of use within same class as specified by UCO ENFORCEMENT Time limits within which the LPA must take enforcement action In respect of building works and for changing the use of a building to use as a single dwelling house must be started within 4 years of the alleged breach. In all other cases, the time limit is 10 years.
- Enforcement notice - state the matters alleged to constitute breach and steps required to remedy
- Stop notice - only served in conjunction with enforcement notice
- Temporary stop notice
- Breach of condition notice - recipient cannot appeal against its service
SC/SCPC/Statut e S55 TCPA 1990 defines 'development' S106 TCPA 1990
- planning obligation. Separate agreement entered into between developer and the LPA, and will be a material consideration when deciding as to whether the planning permission should be granted
Express application made to relevant LPA on a form supplied by that authority. Fee payable. If not owner of the freehold of land then need to notify owner of application.
Obtain planning permission before exchange of contracts or make the contract conditional upon obtaining that planning permission
Full planning permission - deal with all aspects of a given development proposal. Subject to condition that development must be started within 3 years Outline permission - permission in principle for development but requires a further application at a later stage for approval of detailed plans ('reserved matters') - made within 3 years and development must be begun within 2 years of approval of reserved matters
Less expensive and leaves developer with greater degree of flexibility as to the timing of finalising the detailed plans for its development
*Planning Issues to Address
- The date when the property was first built and the use to which it has been put since then.
- Whether any additions, TPO 1987 alterations or Change of us in the same use extensions have been class does not count as change made to the property or under the 1990 Act. within its grounds since Change between use classes may it was first built and if LPA can refuse the application but must make decision within certain time limits and failure to do so gives the applicant the right to appeal
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