Planning law in property transactions - Matters not requiring express planning permission

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Overview

A thorough understanding of planning law in property transactions is essential for the SQE1 FLK2 exam. This guide covers developments that don't require explicit planning permission, a vital part of handling property deals and maximizing land use. These concepts allow future property law professionals to manage legal challenges and offer sound advice to clients.

Legal Framework: The Town and Country Planning Act 1990 and the GPDO

The Town and Country Planning Act 1990 (TCPA 1990) shapes planning law in England and Wales. Planning permission is generally needed for land development, but the General Permitted Development Order (GPDO) modifies this significantly by allowing certain developments without requiring express permission.

Introduced in 1995 and last updated in 2015, the GPDO streamlines planning by identifying what developments don't need explicit permission:

  1. Development within a property's boundary
  2. Minor operations
  3. Change of use
  4. Temporary buildings and uses
  5. Caravan and recreational sites
  6. Agricultural and forestry
  7. Non-domestic extensions and alterations

Knowing the GPDO's structure helps identify which developments are allowed and under what conditions.

Key Exemptions from Express Planning Permission

Internal Modifications

Internal building changes usually don't need planning permission, as they're not considered "development" under Section 55 of the TCPA 1990. These include:

  • Removing or adding internal walls
  • Installing kitchens or bathrooms
  • Changing floor levels
  • Adding mezzanine floors (subject to building regulations)

Listed buildings may need special consent for internal changes.

Example: A law firm redesigns its office by taking down interior walls for an open-plan setup. Since this doesn't alter the building's exterior or represent a significant use change, planning permission isn't needed, though building regulations must be followed.

Use Class Changes

The Town and Country Planning (Use Classes) Order 1987 categorizes land uses, and some changes within these classes don't require planning permission. Key changes include:

  • Within Class E: Shops, offices, restaurants, medical centers, and indoor sports can interchange without needing permission.
  • From Class B1 (office) to Class C3 (dwelling): Needs prior approval.
  • From Class A1 (shops) or A2 (services) to C3 (dwelling): Also requires prior approval.

Even if planning permission isn't required, other approvals like building regulations might be necessary.

Minor Extensions

The GPDO allows certain minor extensions without express planning permission, subject to conditions:

  1. Single-storey rear extensions:

    • Up to 4 meters for detached homes
    • Up to 3 meters for other homes
    • Larger extensions may need prior approval

  2. Side extensions:

    • Single storey
    • Maximum 50% of the original house's width
    • Maximum height of 4 meters

  3. Loft conversions:

    • Up to 40 cubic meters for terraced homes
    • Up to 50 cubic meters for detached/semi-detached homes

  4. Outbuildings:

    • Maximum 2.5 meters height within 2 meters of a boundary
    • Maximum 4 meters otherwise
    • Can't cover more than half the land around the original house

Example: A semi-detached homeowner plans a rear extension of 3.5 meters. With a pitched roof not exceeding 3.5 meters and matching materials, this fits within permitted development. However, checking for local restrictions is still important.

Article 4 Directions and Limitations

Local authorities can impose Article 4 Directions, limiting permitted development rights in certain areas.

Implementation and Scope

Article 4 Directions can be:

  1. Immediate: Effective right away but need confirmation within 6 months.
  2. Non-immediate: Require notice before effect, typically within 12 months.

They can target specific areas, properties, or development types.

Impact on Property Transactions

Article 4 Directions affect property deals and development potential:

  1. Reduced rights can lower property value or alter plans.
  2. Planning permission becomes necessary, adding costs and delays.
  3. Possible compensation claims if permission for previous allowances is refused.

Case Study: An Article 4 Direction in a historic town center removes certain automatic development rights to protect the area's character. A property investor looking to convert a townhouse has to apply for full planning permission for external changes despite a permitted use change.

Conclusion

Understanding planning law, especially where express permission isn't required, is vital for exam success and practice. Key takeaways include:

  1. The interplay between the TCPA 1990, GPDO, and local rules requires careful attention.
  2. Knowing the extent of permitted development rights under the GPDO is vital.
  3. Internal changes, some use class shifts, and minor extensions often qualify as permitted developments, but be mindful of specific rules.
  4. Article 4 Directions can limit development rights, making thorough research important.
  5. Always account for local rules and protected statuses when considering development rights.

A strong command of these principles ensures SQE1 FLK2 candidates are well-prepared to manage planning law complexities and assist future clients effectively.