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What is the four year planning rule?

The 4-year rule covers any breach of building or operations development which has not been challenged by enforcement action for the period of at least four years.

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When there has been a breach of planning regulations there are two rules which may be utilised to prevent the property owner from receiving an enforcement action. The 4-year rule and the 10-year rule may be applied when considering either an unpermitted residential development or a change of use.

Your Local Planning Authority (LPA) On The Rules

Your Local Planning Authority (LPA) monitors planning breaches and will enforce the necessary action, if applicable. You may have unintentionally contravened planning regulations or your circumstances may have changed resulting in a breach of the existing permission. In some cases, you may be protected from enforcement, depending on how long the new arrangement, or breach, has been in place. The 4-year rule covers any breach of building or operations development which has not been challenged by enforcement action for the period of at least four years.

What The 10 year rule covers

The 10-year rule covers any breach of use of land or buildings (excluding dwellings) which has not been challenged by enforcement action for the period of at least ten years. N.B. A ‘dwelling’ is deemed by planning law to be a class C3 in terms of use and is covered by the 4-year rule. The 10-year rule also applies to a breach of any existing planning condition which has not been challenged by enforcement action for the period of at least ten years. If you think your planning contravention falls under either the 4-year or 10-year rule then you will need to apply for a certificate of lawfulness from your Local Planning Authority. This is a legal document which retrospectively grants permission for the unauthorised development or use of your property and authorises that this may be continued. You can also apply for traditional planning permission but this will be a lengthy and more costly process. It is worth noting that if you deliberately deceive your Local Planning Authority and/or conceal the planning breach then enforcement action is likely to be taken. It is crucial that property and landowners observe the relevant planning laws. If the regulations are not complied with, there could be significant difficulty in selling or even remortgaging the property.

Applying for a certificate of lawfulness

Applying for a certificate of lawfulness is a complex process and is something that your London architect can help you navigate. You will need to provide a host of documents as evidence that the building has been developed or used as you claim. Depending on your situation, documents required may include tenancy agreements, utility bills, receipts of building works undertaken, to name a few. All will need to span the four or ten year period in question. Your architect will be able to advise you on what is required. If your application is approved, the Local Planning Authority will provide you with a certificate of lawfulness. You can then be reassured that your property and its use complies with all the necessary regulations.

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Yes. The risk of penetration by a nail or screw is the same as for any other concealed cable. Also, if the wall or partition has internal metallic parts (except nails and screws, etc.), RCD protection in accordance with Regulation 522.6. 203 is required irrespective of the depth of the cable from the surfaces.

Yes, the requirements for mounting height are different for each of the devolved governments as follows: England – Approved Documents P and M call for consumer units to be mounted so that the switches are 1350-1450 mm above finished floor level. Wales – Approved Documents P and M do not provide specific information on mounting height for consumer units but controls that require close vision are required to be located between 1200-1400 mm above finished floor level. Scotland – Technical Handbook D10 does not provide specific information on mounting height for consumer units but requires electrical controls (which would include consumer units) to be positioned not more than 1200 mm above floor level, unless the need for a higher location can be demonstrated. Whilst there is no minimum height indicated it would seem sensible to locate consumer units at least 900 mm above floor level (the lower limit for light switches). Northern Ireland – Technical Booklet R does not provide specific information on mounting height for consumer units but for controls that require close vision are required to be located between 1200-1400 mm above finished floor level. The British Electrotechnical and Allied Manufacturers’ Association (BEAMA) recommend that for a multi-row consumer unit where compliance with mounting heights of ADM1 above cannot be achieved for all switches thereof, the consumer unit should be mounted such that the bottom row of switches are located between 1350 mm and 1450 mm so that they are out of reach of young children to avoid interference and inappropriate operation.

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