1. The Regulatory System Flashcards
What constitutes as Primary Legislation?
What are some examples?
Planning Acts
- Town and Planning Act 1990
- Planning Act 1990
- Localism Act 2011
What is Secondary Legislation?
Name some examples
Orders, regulations, ministerial directions and statements
- Ministerial Statements and Directions
- General Permitted Development Order 1990
- Common Law
What are the different Planning Policy’s?
Examples?
National - NPPF 2023
Regional - London Plan
Local - Local Development Plans and Neighbourhood Plans
What are Local Plan Policies?
Consist of title for that policy
Tells you what you need to do in order to be acceptable
What the planning application is assessed against
What are examples of Development Plan Documents?
Local Plan
Site allocation DPD
Development and Management DPD
Gypsy and Travellers DPD
Community infrastructure Levy DPD
What are Neighbourhood Plans?
Prepared by qualifying bodies (parish or town council, neighbourhood forum or community organisation)
Must meet basic conditions
Must be approved at referendum
Can have equal or greater weight than local plan
What are Supplementary Planning Documents?
Guidance which is attached to a policy in DPD or Neighbourhood Plan
Approved by the council
Material considerations in planning determinations
What are Material Considerations?
Matter relating to the use and development of land
Must be planning considerations ie relate to the development and use of land in the public interest
Determined by case law
What does not constitute as a Material Consideration?
Right to a view
Effects on property value
Civil matters
Ethical, moral, cultural or religious considerations
What is a discretionary system
UK system, which local plan policies are applied flexibly and not the only inputs into planning decisions
Decisions are made case by case - no zoning
How are decisions made? (town and country planning act 1990, section 70)
The Local Planning Authority shall have regard to:
The provisions of the development plan
Any local finance considerations
Other material considerations
Who are the ministers responsible of planning?
Angela Raynor - Secretary of State for housing communities and local gov
Matthew Pennycook - minister of state for housing
Sadiq Khan - Major of London
What is the Planning Inspectorate?
Based in Bristol and Cardiff
Responsible for National Infrastructure Planning and public examination of Development Plans Documents
What is the Greater London Authority?
Democratically elected authority for London - mayor and the assembly
Responsible for prep and implementation of the London Plan and accompanying guidance
What are Planning Authorities?
Known as Local Planning Authority (LPA) it is responsible for managing the development of land and buildings
Make decisions on planning apps to control type, amount and location of development
LPA found within department of a council
