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

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?

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

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?

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

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?

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

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?

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

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.

RICS APC Practice Test

RICS APC Practice Test

RICS APC Planning Law & Sustainability