Core Principles of Planning Law

Introduction

The **planning system** exists to ensure that development of land is carried out in a planned and appropriate fashion. The **local planning authority ('LPA')** is responsible for the grant or refusal of planning permission and for taking enforcement action in respect of breaches of planning control. The principal legislation is the **Town and Country Planning Act 1990 ('TCPA 1990')**, supplemented by numerous statutory instruments. This chapter sets out the principles of planning law in so far as they affect the normal conveyancing transaction: the **statutory definition of 'development'**, what does and does not require **express planning permission**, **building regulation control**, the **enforcement powers** of the LPA, and the additional layers of control over **listed buildings** and **conservation areas**.

Assessment focus

For the SQE1 FLK2 assessment in Property Practice, you must understand the **core principles of planning law** as they arise in a conveyancing transaction. You should be able to identify whether a proposed activity constitutes **'development'** under **s. 55 TCPA 1990**, whether it benefits from **permitted development rights** under the **General Permitted Development Order 2015 ('GPDO')**, and whether **building regulations approval** is required — remembering that this is **separate** from planning permission. You must also know the **enforcement time limit** (a single **ten-year** limit now applies to all breaches of planning control in England, following the abolition of the four-year rule by the Levelling-up and Regeneration Act 2023) and the **additional controls** over listed buildings and conservation areas (where there are **no time limits** for enforcement). Questions are single best answer questions (SBAQs) set in **realistic client-based scenarios** — you must **apply** the rules, not merely recall them. This is a **closed-book** assessment.

Study tips

1) Memorise the **two limbs of 'development'** in s. 55 TCPA 1990: (i) building, engineering, mining or other **operations**; and (ii) **material change of use**. 2) Remember that **internal works** which do not materially affect the external appearance are **not** development; a **change of use** between use classes **is**. 3) Keep planning permission and **building regulations** firmly separate — building regulations approval may be required **whether or not** planning permission is needed. 4) Learn the **enforcement time limits**: planning — a single **10-year** limit for **all** breaches in England (the four-year rule was abolished by the **Levelling-up and Regeneration Act 2023**, in force 25 April 2024); building regs — **enforcement notice within 12 months**, **prosecution within 10 years** (extended from 2 years by the **Building Safety Act 2022**), **injunction at any time**. 5) For **listed buildings and conservation areas** remember there are **no time limits** for enforcement and that **GPDO exceptions do not apply**.