The Practical Lawyer

In ?Auroux [2007] the ECJ held that works in a ‘public contract’ (and so subject to the formalities of the procurement regime) do not have to be carried out for the benefit of the public authority, but merely to its specification. That has led to concerns that s106 planning agreements may come within the scope of the procurement regime (ie because developers are carrying out works that have been agreed to the specification of a public body).

Planning permission is needed for any ‘development’. That covers either a material change of use, or the carrying out of ‘building, engineering, mining or other operations’.

Much publicity was given to the recent case of the landowner who built a house (castle was how it was described in the press), and then concealed it from the roadway by hiding it behind bales of straw covered with a tarpaulin. After four years (the normal period for enforcement action), he then removed the straw bales and tarpaulin, to reveal his castle!

The Community Infrastructure Levy (CIL) is likely to be introduced in the next year or two. It will allow LAs to levy a tax payable on the grant of planning permission for ‘development’.

A full planning permission will normally lapse after three years, which means that work must be started on the site within that time. With an outline planning permission, the time limit is two years from approval of details.

This could prove a useful quote:

‘The duty on a planning officer goes beyond a duty simply not to mislead the committee but rather includes a positive duty to provide sufficient information and guidance to enable members to reach a decision applying the relevant statutory criteria.’

A 1992 EC Directive requires there to be a system of strict protection of European Protected Species (EPS), such as bats, newts and doormice. That Directive is implemented in the UK by the Habitats Regs 1994. Needless to say, local planning authorities must have regard to those regs when exercising their planning functions.

The partial demolition of a building will be ‘development’ (s55 TCPA 1990). It is regarded as a structural alteration, and thus falls within the definition of ‘building operation’.

The total demolition of a building will be construed as ‘development’, and it is also specifically defined as a ‘building operation’ within the definition of development (s55(1A)(a)TCPA 1990).

Twin tracking is a tactic that has been used by developers to force through a planning decision as quickly as possible. What happens is that a developer submits two identical planning applications to the council, paying a fee for each.

From 1 July, owners of commercial buildings will be required to produce Energy Performance Certificates (EPCs) in respect of all commercial buildings of more than 2,500 sq m (previously 10,000 sq m).