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LPC Law Notes Property Law and Practice Notes

Planning Permission Notes

Updated Planning Permission Notes Notes

Property Law and Practice Notes

Property Law and Practice

Approximately 490 pages

A collection of the best LPC PLP notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of PLP notes available in the UK this year. This collection of notes is fully updated for recent exams, a...

The following is a more accessible 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? What does it do? Requirements SC/SCPC/Statute Process Client Info
Planning Permission Needed in respect of any activity which constitutes development

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

  • Injunction

LISTED BUILDINGS

Department for Culture, Media, and Sport and English Heritage – tighter controls

Consent must be obtained for development affecting such a building and criminal sanctions for non-compliance and no time limits for bringing enforcement proceedings

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.

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

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

TPO 1987

Change of us in the same use class does not count as change under the 1990 Act.

Change between use classes may also not count if falls with Town and Country Planning (General Permitted Development) Order 1995

  • Also allows minor building, engineering and mining operations.

  • E.g. for a conservatory – depending on its size and sitting it might be covered by the 1995 Order.

  • Development within the cartilage of a swelling house

  • Minor operations

  • Change of use – can change from A2 to A1, B2 to B1, A3 to A1 and A3 to A2.

  • The LPA has power to restrict the GPDO by passing an order – ‘Article 4 Direction’-check for these on LLC1.

Use Classes:

A1: Retail shop (not hot food except if internet cafe)

A2: Professional and financial services...

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