RICS APC Planning Law & Sustainability — Questions and Answers
Question 1: What is the primary purpose of the Town and Country Planning Act 1990 (TCPA 1990)?
- 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 (Correct answer)
- To regulate the construction standards of new buildings
- To govern the compulsory purchase of land by local authorities only
- To set out the legal framework for environmental impact assessments
Correct 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
The TCPA 1990 is the foundation of the planning system in England and Wales. It defines 'development', requires planning permission for most development, establishes the development plan system, and gives local planning authorities (LPAs) the power to grant, refuse, or condition planning permissions. Surveyors working in development or planning must have a thorough understanding of this legislation.
Question 2: What is a 'material change of use' under the TCPA 1990 and why does it matter?
- A change in the purpose for which land or buildings are used that is sufficiently significant to constitute 'development' and therefore require planning permission (Correct answer)
- Any physical alteration to a building's external appearance
- A change of ownership of a commercial property
- A temporary use of land for more than 28 days
Correct 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
Section 55 TCPA 1990 defines development as including 'the making of any material change in the use of any buildings or other land.' Whether a change is 'material' depends on all the circumstances, including whether it materially affects the character of the use. Material changes of use require planning permission unless permitted development rights apply.
Question 3: What are 'Use Classes' in England's planning system and what is their significance?
- 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 (Correct answer)
- Categories of listed building designation from Grade I to Grade III
- Classifications of protected habitats under environmental planning law
- Formal planning designations for sites in Green Belt areas
Correct 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
The Use Classes Order groups land uses into classes (e.g., Class E covers commercial, service, and office uses; Class C3 covers dwellinghouses). Changes of use within the same class do not require planning permission. Changes between classes do require permission, unless permitted development rights allow the change. Significant reforms in 2020 merged many former commercial classes into the new Class E.
Question 4: What is the legal status of the development plan in planning decision-making under the TCPA 1990?
- 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) (Correct answer)
- The development plan is purely advisory — local planning authorities can ignore it if they choose
- The development plan only applies to major applications (more than 10 dwellings or 1,000 sqm commercial)
- National planning policy documents override the development plan in all cases
Correct 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)
Section 38(6) PCPA 2004 establishes the primacy of the development plan. Decisions must be made in accordance with the plan unless material considerations indicate otherwise. The National Planning Policy Framework (NPPF) is a material consideration but does not automatically override the local plan. Surveyors must always read the relevant development plan policies first.
Question 5: What is BREEAM and why is it relevant to surveyors advising on commercial property?
- 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 (Correct answer)
- A UK government scheme providing grants for solar panel installation on commercial buildings
- A CAD software standard for building information modelling (BIM) compliance
- A fire safety certification scheme for commercial buildings above 18 m
Correct 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
BREEAM is the world's leading sustainability assessment and certification scheme for buildings. It scores buildings on energy, water, health, transport, materials, and ecology. Ratings range from Pass to Outstanding. BREEAM certification is increasingly a requirement in planning conditions, occupier specifications, and investment mandates — making it relevant to valuation, development, and agency advice.
Question 6: What is a 'Minimum Energy Efficiency Standard' (MEES) and what is its current impact on commercial landlords in England?
- 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 (Correct answer)
- A planning condition requiring all new commercial buildings to install solar panels
- A building regulations requirement for insulation thickness in new-build commercial properties
- A voluntary standard for office buildings seeking BREEAM certification
Correct 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
MEES regulations make it unlawful to let a commercial property in England and Wales with an EPC rating below E (since 2023 this applies to all commercial tenancies, including existing ones, not just new lettings). Landlords with sub-E rated properties face significant compliance costs and risk being unable to let. Government proposals aim to require EPC B by 2030, which will drive significant retrofit investment.
RICS APC Planning Law & Sustainability
What is the primary purpose of the Town and Country Planning Act 1990 (TCPA 1990)?