What will we be looking at during the session?

1. Planning issues in Property TransactionsProperty Search North EastVictoria Joy – Consultant, Landmark

2. What will we be looking at during the session? During the session we will look at: • why planning issues are important • planning information in property transactions and Landmark’s planning reports • an update on recent developments in legislation and town and village green applications

3. Planning Issues for the Buyer • Short and long term plans for the property: • use • structural issues • breaches & enforcement • implementation of planning permissions • development

4. Obtaining Information • Title investigation • Physical inspection & survey • Searches • Pre contract enquiries

5. Why do you need to think about this? • Your client may be considering development and may need to know about relevant planning policy information • Your client may be concerned about development close to the property • There may be proposals for development that would affect your client’s use and enjoyment of the property as well as the value of the property • Your client may be concerned about rights of way on or close to the property • Failure to advise your client and provide suitable information could result in complaints or claims

6. Planning Information

7. Permitted Development The Town & Country Planning (General Permitted Development) Order 1995 • Grants automatic planning permission for various classes of development • E.g. from 1 October 2008 extensions and additions to a home will be considered to be permitted development - subject to certain limits and conditions relating mainly to size and height • Building Regulations compliance still necessary

8. Material Change of Use & Use Classes • Planning permission is generally required for a material change of use • Town and Country Planning (Use Classes) Order 1987 sets out different use classes • Permitted development rights can allow certain changes between use classes e.g. • hot food takeaway to shop (A5→A1) • general industrial to business (B2→B1)

9. Planning Information Revealed by the Local Search • Searches (LLC1 and Con29) may reveal several types of planning information for a property which are available for public inspection • These include: • planning permissions • determined and pending planning applications • section 106 agreements • enforcement notices • listed building and conservation areas • compulsory purchase orders • tree preservation orders • Article 4 directions • In the majority of cases the information relates to searched property only

10. Section 106 Agreements • Entered into by a person with an interest in land and the local authority • Set out planning obligations e.g. • restrict development or use of land • require operations/activities to be carried in, on, under or over land • require land to be used in a particular way • require payment of financial sums to be made to the local authority • S106 agreement can be: • agreement between local authority and developer • unilateral undertaking by the developer

11. Planning Enforcement Notices Examples of notices: • Planning Contravention Notice • Breach of Condition Notice • Enforcement Notice • Stop Notice

12. Listed Buildings • A building of special architectural or historic interest: Grade I, II or III • English Heritage responsible for designation • Consent required for: • demolition • alteration/extension that would affect the character of the building • note: proposed changes under Enterprise & Regulatory Reform Bill

13. Conservation Areas • Areas of special architectural or historic interest – the character or appearance of which it is desirable to preserve/enhance. • Consent required to demolish an unlisted building in a conservation area

14. Compulsory Purchase Orders • A government or local authority order to purchase land or buildings for a public interest purpose e.g. construction of a major road

15. Tree Preservation Orders • Tree Preservation Orders: • used to secure preservation of single trees or groups of trees which are considered to have amenity value • consent required for works to the tree e.g. lopping/ felling

16. Article 4 Directions • Issued by local planning authorities • Remove some or all permitted development rights e.g. in relation to buildings in conservation areas

17. Planning update: The Localism Act 2011

18. Localism Act 2011: Aims of Planning Reforms • Make planning system: • clearer • more democratic • more effective • Most planning proposals in force from April 2012 • National Planning Policy Framework

19. National Planning Policy Framework – NPPFUpdate: April 2012 • The decision of whether development is appropriate for a site will be based on the principle of ‘sustainable development’. • This is defined as ‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs’. In planning terms, it means planning for prosperity, people and places.’ • At the heart of the new system is a presumption in favour of sustainable development. • Decisions regarding development will be based on a Local Plan (LP) document. This will be drawn up by individual Local Authorities and will aim to set out strategic priorities such as housing, business, minerals and national defence. • Each LP will be based on the principle of sustainable growth and will be objectively reviewed by an independent third party.

20. National Planning Policy Framework – NPPFUpdate: April 2012 (2) • Local Planning Authorities will look to approve any development that fits the LP, or where the plan is ‘absent, silent, indeterminate or the relevant policy out of date’. • These policies should apply unless the adverse impacts of allowing development significantly outweigh the benefits. • The National Planning Policy Framework will replace the current Planning Policy Statements (of which there are around 40). • Those most relevant to housing development include: PPS23: Planning and Pollution Control PPS24: Development and Flood Risk PPS3: Housing

21. How will the aims of the Act be achieved?Regional Strategies • Abolition of regional spatial strategies introduced by Planning & Compulsory Purchase Act 2004 • Limited community involvement in regional strategies

22. How will these aims be achieved?Duty for local authorities/public bodies to work together • Act contains a duty for local authorities to work together on planning issues • Could relate to: • flood risk • public transport • major retail developments

23. How will these aims be achieved?Community Planning • Act introduces rights for communities to develop a “neighbourhood plan” • Neighbourhood plan will be developed by residents, employees and business through parish councils or a neighbourhood forum • If appropriate, neighbourhood plan will be voted on in a local referendum and brought into force by the local authority if approved

24. How will these aims be achieved?Community Planning • Community organisations permitted to put forward development proposals • No need for planning application • Referendum to show support

25. How will these aims be achieved?Requirement to Consult • Developers required to consult communities before submitting planning applications for some developments • Communities able to comment at early stage of proposals

26. How will these aims be achieved?Community Infrastructure Levy • Local authorities can require developers to pay a levy on development of homes, businesses or shops • Money goes to new infrastructure projects such as roads and schools • Act will allow: • more power for local authorities to determine the rates payable • some of the money raised to be spent on non infrastructure issues • some of the money raised will be required to be used specifically in the neighbourhood affected by the development

27. How will these aims be achieved?Nationally significant infrastructure projects • Abolition of Infrastructure Planning Commission • Decisions will revert to being taken by government ministers • National policy statements to be voted on by parliament

28. BUT……..this could all changeGrowth & Infrastructure Bill 2012 • Decisions on “large scale commercial and business projects” to go through in not more than 12 months • The Secretary of State may be given powers to make decisions in relation to development of retail & business parks – especially in areas where there has been a “history” of applications being opposed/ rejected • How does this fit in with Localism?

29. Solar Panels • Planning permission required? • Conservation area/Article 4 Direction? • Building Regulations? • Restrictive covenants? • Lender issues • 25 year leases • Registration of title • LTA 1954 protected?

30. Town & Village Green Applications

31. Commons Act 2006 Any person can apply to their local authority to register land as a town or village green if: • “a significant number of the inhabitants of any neighbourhood within a locality, have indulged as of right in lawful sports or pastimes on the land for the period of at least 20 years.”

32. The use of the land must be “as of right” • Without force • Without secrecy • Without permission

33. When are village green applications often used? • May be used to block or delay applications for development: • increases costs for developer • significant time delays • application can be made after planning permission has been granted

34. R (Lewis) -v- Redcar and Cleveland Borough Council (2010) • Local residents used golf course for recreational purposes • Court of Appeal found that the use was not “as of right” • Residents had shown “overwhelming deference” to the use of the land as a golf course • Residents had not interfered with playing of golf on the land

35. R (Lewis) -v- Redcar and Cleveland Borough Council (2010): Supreme Court Decision • Deference to dominant use does not mean that the residents’ use was not “as of right” • Provided use is without force, secrecy or permission, deference to the dominant use of the land does not matter • Supreme Court found that registration of the land as a village green would not affect its ongoing use as a golf course

36. The implications of Redcar • Landowner cannot rely on the fact that users of the land defer to dominant use as a defence to an application for registration • Landowner needs to either: • prevent entry: use signage or fencing • permit entry using signs • Note: Oxfordshire & Buckinghamshire Mental Health NHS Foundation Trust -v- Oxfordshire County Council: • “No right of way” on signage does not prevent recreational use “as of right” • If users have 20 years’ use as of right, signs allowing entry do not prevent use being as of right

37. DEFRA proposals for reform: 2011 Consultation • “Sifting” by local authority • Declaration by landowner • Apply a “character” test to the site • Prevent registration of land subject to planning permission or a planning application – provisions now included in the new Growth & Infrastructure Bill • Introduce fees for applications

38. Recent Government Announcementon Change in Use

39. Planning permission will no longer be needed for some conversions • Eric Pickles announced on 24 January 2012 that: • new permitted development rights will allow office space to be converted into new homes (B1(a) to C3) • 3 year “sunset clause” and review at that time • local authorities can seek an exemption if substantial adverse economic consequences, but only allowed in exceptional circumstances • also new PDRs for the conversion of agricultural buildings to other business uses (inc. shops, restaurants, small hotels and leisure facilities and offices), subject to a size restriction • and town centre buildings will be able to convert for up to 2 years to uses including shops (A1), financial and professional services (A2), restaurants and cafes (A3) and offices (B1)

40. Landmark’s Planning Reports

41. Summary • Buyers/developers need an awareness of planning issues affecting the property and surrounding area • Localism Act 2011 could result in significant changes to local planning policies and new planning applications • Town/village green applications may have been submitted to block planning applications • Town/village green applications demonstrate the need to be aware of land use designations and rights of way • Landmark’s planning reports can provide vital information on these issues

42. Your client may not want to be near….

43. What the local search will not reveal….

44. Plansearch Plus & Sitecheck Planning: Key Features • aerial photo • planning policy information • commercial & residential Applications • planning decisions on larger applications • local facilities • house prices • phone masts • crime rates (relevant to insurance) • educational information

45. Datasets used in Plansearch Plus & Sitecheck Planning • Crime: Home Office • Development plans: Devplan • Educational establishments: DfES, Welsh Assembly, Scottish Executive • Local Plan features: Local Authorities • Local Development Plans: Local Authorities • Mobile phone masts: OFCOM • School performance tables: DfES • Planning applications: Barbour ABI • Points of interest: Point X • Postcode level housing & resident profiles: EuroDirect • Insurance claims ratings: Crawford & Co • Rights of way: Ordnance Survey

46. Questions?

47. Tools to assist Product MatricesFlow chart

48. Outcomes During the session we have looked at: • why planning issues are important • planning information in property transactions and Landmark’s planning reports • an update on recent developments in legislation and town and village green applications