RICS APC Planning Law & Sustainability

Question 1

What is the primary purpose of the Town and Country Planning Act 1990 (TCPA 1990)?

Accepted Answer

To establish the statutory framework for land use planning in England and Wales, requiring planning permission for development and giving local planning authorities powers to control land use

Answer

To regulate the construction standards of new buildings

Answer

To govern the compulsory purchase of land by local authorities only

Answer

To set out the legal framework for environmental impact assessments

Question 2

What is a 'material change of use' under the TCPA 1990 and why does it matter?

Accepted Answer

A change in the purpose for which land or buildings are used that is sufficiently significant to constitute 'development' and therefore require planning permission

Answer

Any physical alteration to a building's external appearance

Answer

A change of ownership of a commercial property

Answer

A temporary use of land for more than 28 days

Question 3

What are 'Use Classes' in England's planning system and what is their significance?

Accepted Answer

Categories of land use defined in the Town and Country Planning (Use Classes) Order 1987 (as amended) — changes of use within the same class do not constitute development and require no permission

Answer

Categories of listed building designation from Grade I to Grade III

Answer

Classifications of protected habitats under environmental planning law

Answer

Formal planning designations for sites in Green Belt areas

Question 4

What is the legal status of the development plan in planning decision-making under the TCPA 1990?

Accepted Answer

Planning applications must be determined in accordance with the development plan unless material considerations indicate otherwise (Section 38(6) Planning and Compulsory Purchase Act 2004)

Answer

The development plan is purely advisory — local planning authorities can ignore it if they choose

Answer

The development plan only applies to major applications (more than 10 dwellings or 1,000 sqm commercial)

Answer

National planning policy documents override the development plan in all cases

Question 5

What is BREEAM and why is it relevant to surveyors advising on commercial property?

Accepted Answer

Building Research Establishment Environmental Assessment Method — a sustainability certification scheme for buildings that is increasingly required by developers, occupiers, and lenders, affecting value and lettability

Answer

A UK government scheme providing grants for solar panel installation on commercial buildings

Answer

A CAD software standard for building information modelling (BIM) compliance

Answer

A fire safety certification scheme for commercial buildings above 18 m

Question 6

What is a 'Minimum Energy Efficiency Standard' (MEES) and what is its current impact on commercial landlords in England?

Accepted Answer

A requirement that commercial properties must achieve an Energy Performance Certificate (EPC) rating of at least E before being let — with proposals to raise this to B by 2030

Answer

A planning condition requiring all new commercial buildings to install solar panels

Answer

A building regulations requirement for insulation thickness in new-build commercial properties

Answer

A voluntary standard for office buildings seeking BREEAM certification