Since April 2006, certain types of Houses in Multiple Occupation (HMOs) have had to be licensed by LAs (under HA 2004). These include properties that are let to three or more Ts, who form two or more households. Note, however, that there are now planning issues to be considered – and some Ls who may have already incurred costs in converting their properties to meet HMO licensing standards, may now find that they cannot obtain planning permission if they live in an area with a high concentration of HMOs.

If an LA introduces the community infrastructure levy (CIL), then any CIL is to be paid by the landowner of the land in any planning application.

These days, most planning permissions must be implemented within three years (previously five years). This means that the development must be ‘commenced’.

There has long been concern about the extent to which the public procurement rules apply to development agreements entered into by public bodies. Much of it dates from Auroux [2005], when the ECJ laid down wide-ranging rules as to when the public procurement regime would apply. Now, however, we have an ECJ decision that adopts a less strict approach. In summary:

Consider whether there should be an ‘entire agreement’ clause in a lease. If there is, then it will normally exclude liability for any pre-contract misrepresentation (other than fraudulent misrepresentation). Certainly, T should be fully aware of the implications of agreeing to such an ‘entire agreement’ provision.

The advent of the new community infrastructure levy will have an important impact on s106 agreements (which are typically used by LAs to ensure that developers include benefits for the local community, such as infrastructure improvements that will benefit the whole neighbourhood). Going forward, the idea is that CIL will be seen as the proper way to seek contributions from developers to fund local infrastructure changes. Thus, steps have now been taken to limit the scope of s106 planning obligations (and so encourage the take-up by LAs of CIL – given that it is for LAs to decide whether or not to implement CIL).

It was held in Hall Hunter [2006] that polytunnels can amount to ‘development’ (and so need planning permission). But, is an Environmental Impact Assessment needed?

The Use Classes Order governs the use to which a property can be put. If the use changes, but remains within a particular class, then it is permitted development (ie no need for planning permission). However, the Use Classes have now been altered to create a separate planning class for Houses in Multiple Occupation (HMOs). The planning classes are:

Class C3 has been amended to cover single households of up to six occupiers;

a new Class C4 has been created to cover HMOs of up to six people;

The Community Infrastructure Levy came into force on 6 April. However, liability to pay CIL for a development will not arise until the LA has implemented a charging schedule (which has to be based on an up-to-date development plan, and then have been consulted upon, before it can come into effect).

A householder applied for planning permission but that was refused. He subsequently submitted a second, slightly different, application which was opposed by his neighbours, and that was also refused. Finally, he appealed the first application to the inspector.

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!

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).

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.