Planning law round up

© Fortune Green Legal Practice This note and oral presentation including answers given to any questions are intended for general purposes only and should not be viewed as a comprehensive summary of the subject matters covered,. Nothing written or said constitutes legal or other professional advice. Linda Felton and Fortune Green Legal Practice Limited will not accept responsibiility for any loss suffered as a consequence of reliance on information contained in this presentation.

Contents

• Introduction to Fortune Green Legal Practice• Houses in Multiple Occupation• Planning enforcement news• Changes to permitted development• Deregulation Act 2015• Questions

Fortune Green Legal Practice

• Niche practice• Planning applications, consultations, objections,

enforcement, appeals, JR, statutory reviews• Work for developers, individual home owners,

residents’ groups• Work referred by professionals on a “white

label” or consultancy basis. • Strictly no poaching of clients

HMO’s

• Definition in Housing Act 2004 ss254 – 259, consists of various elements, eg. occupied by at least 3 persons who do not form a single household, rent or other consideration is paid, persons share basic amenities etc

• A large HMO is at least 3 storeys high, occupied by at least 5 tenants, share basic facilities

• The landlord must obtain a license from the local authority

HMO licensing

• Obtaining a licence is mandatory if 5 or more people rent and form more than one household

• At least 3 storeys high• Tenants share basic amenities• Local authorities have discretion to impose

licence conditions in their area / part of area

HMO’s in the planning regimeTown and Country Planning (Use Classes) (Amendment) (England) Order 2015

• Small HMO is Class C4 – use as a dwelling house, 3 – 6 residents, more than one household

• Large HMO has more than 6 residents• A small HMO (Class 4) can be converted w/o pp to a

house in Class 3, ie. C3(a) a dwelling house used as a single household; C3(b) a house for not more than six residents where care is provided; C3(c) residents living together as a single household, but not forming an HMO

• A Class 3 property can be converted w/o pp into C4 small HMO

HMO’s and Article 4 DirectionsTown and Country Planning (General Permitted Development) Order as amended

• Some local authorities use Article 4 directions to control expansion of HMO sector

• Directions used to exempt some development from acquiring pd rights.

• All directions are now confirmed by the local planning authority

• In some cases developers affected by Article 4 directions can claim compensation

Planning enforcement – the “Welwyn” principle

• Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government [2011] 2 AC 304

• Limitation periods should not apply when a person has deceived the local planning authority to avoid enforcement action

Planning enforcement orders

• Introduced by the Localism Act 2011, inserted ss.171BA-BC into Town and Country Planning Act 1990

• A magistrates’ court can grant an order if satisfied on the balance of probabilities there is sufficient evidence of deliberate concealment of the breach

• Authority can take action during the “enforcement year,” or beyond if the time for enforcement has not expired.

PEO does not replace “Welwyn”

• Jackson v Secretary of State for Communities and Local Government [2015] EWHC (Admin)

• From deliberate concealment to ...

Stripy house

s.215 notice

• Protect the amenity of area• No appeal to Planning Inspectorate but a

person served can appeal to the magistrates court

• Non-compliance with notice is a summary offence

• Council can carry out works and recoup cost

Enforcement notice Town and Country Planning Act 1990 as amended s172

• NPPG section on Ensuring effective enforcement• Deciding whether to issue an EN• Only issued when authority is satisfied there has

been a breach • When it appears expedient• Appeal to Planning Inspector• Non compliance with notice is a criminal offence• Carlton Tavern

8 April 2015

Enforcement action against unauthorised demolition of Carlton Tavern

• Factors taken into account when considering action – whether the building is of sufficient quality

• Whether a facsimile building can retain the character

• The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2015

• came into force 6 April 2015 • removal of permitted development rights if pub is

designated or capable of designation as an Asset of Community Value

Permitted Development changesTown and Country Planning (General Development Management Procedure) (England) Order

2015

• Further 3 years for larger household single storey rear extensions – up to 8 metres deep for detached houses – up to 6 metres deep for other houses (not in a conservation area or Heritage site)

• Until 30 May 2019• Householder must notify the local planning authority

(4 – 8 metres, or 3 – 6 metres)• Notice served on neighbours, who can object but if

no objection, or the Council decides the effect on the amenity is acceptable the development can go ahead

More permitted development rights

• Office to residential change of use to end 30 May 2016

• Amusement arcades / casinos, sui generis, can change to residential use (C3) up to 150 sq m. Prior approval process covering transport, highways, flooding, contamination, and design

More permitted development rights

• B8 use (storage or distribution centre) can change to residential (C3). Temporary right for 3 years. Prior approval process covering transport, highways, air quality, impact on intended occupier, noise, contamination risk, flooding and risk on existing industrial, storage, distribution uses.

• Applies to buildings in use as storage / distribution on or before 14 March 2014

More permitted development rights

• New PD right for click and collect facility within curtilage of shop – up to 4m height, gross floor space up to 20 sq m

• New PD right for retailers to modify size of loading bay up to 50%, with prior approval

• Change of use from shops (A1), financial and professional services (A2) betting offices, pay day loan shops and casinos to restaurants and cafes (A3) with prior approval

Deregulation Act 2015

• Short lets in London brought in line with rest of England

• Greater London Act 1974 s.25 becomes subject to s25A – providing temporary sleeping accommodation for less than 90 days in the same calendar year in any residential premises no longer represents a material change of use

• Provider of accommodation must pay council tax• In force 26 May 2015

The main points for real estate lawyers

• More permitted development opportunities for developer clients

• Clients should be aware that new legislation and case law (“Welwyn”) enable local planning authorities to take enforcement action after limitation periods have expired where there is “deliberate concealment”

Fortune Green Legal Practicel.felton@fglp.co.uk

0207 625 6558Visit the website: www.fglp.co.uk

Questions?