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04 Planning > 10 Types of Application and Unauthorised Procedures > Flashcards

10 Types of Application and Unauthorised Procedures Flashcards

1
Q

What are the 3 types of application?

A
  1. Full
  2. Outline
  3. Reserved Matters
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2
Q

What is a full planning application?

A
  1. Plans, sections, elevations and supporting documennts
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3
Q

When is a planning application required? (4)

A
  1. Any new development work not covered by permitted development
  2. Change of use
  3. Renewal of temporary permissions
  4. Removal or change of conditions
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4
Q

What is an outline application? (3)

A
  1. Seeks to establish an agreement ‘in principle’
  2. A way of testing LPA position on a development
  3. Not usually submitted for change of use, in conservation areas or listed buildings
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5
Q

What is a reserved matters application? (3)

A
  1. Sets out the outstanding details following the approval of an outline planning application
  2. Article 21 of Town and Country Planning (General Developments Procedures) Order 1995
  3. Must be submitted within a timeframe set out in outline planning permission approval
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6
Q

What should a reserved matters application contain? (5)

A

Additional information on :

  1. Scale
  2. Layout
  3. External appearances
  4. Means of access
  5. Landscaping
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7
Q

What is an application to vary conditions? (2)

A
  1. Used to discharge or modify conditions
  2. Not used on applications that were granted permission subject to conditions on the project if the project has not commenced within its time limit.
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8
Q

What is a retrospective planning application?

A
  1. Planning permission applied for after the development / alteration has occured
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9
Q

What is an enforcement action? (2)

A
  1. LPA power to take enforcement actions if development wasn’t granted permission
  2. Failure to comply is a criminal offence
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10
Q

What is a planning contravention notice? (6)

A
  1. Development that contravenes planning and is considered unlawful
  2. Warning to stop building
  3. Often comes with an invitation to make retrospective application
  4. Must comply within 21 days
  5. £1,000 fine for ignorance
  6. £5,000 fine for false or misleading statements
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11
Q

What is an enforcement notice? (3)

A
  1. Notice from LPA
  2. Carries a fine of up to £20,000
  3. Section 174 TCPA - right to appeal on grounds that planning permission is not needed
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12
Q

What is a stop notice? (2)

A
  1. Notice / injunction to stop building

2. Contravention of notice = £20,000 fine

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13
Q

What is a temporary stop notice? (4)

A
  1. LPA power to take early action
  2. Must stop within 3 days
  3. Expires after 28 days
  4. Do not have to wait until enforcement notice is issued
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14
Q

What is a breach of condition notice? (5)

A
  1. Detrimental to local amenity
  2. Detrimental to public safety
  3. Likely to cause serious environmental harm
  4. 28 days to comply with condition notice
  5. £1,000 fine if don’t comply
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15
Q

What is immunity from planning enforcement?

A

Designated time required when LPAs cannot enforce planning obligations

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16
Q

What is the 4 year rule?

A

If a development / contravention of planning has not been challenged for 4 years then the building can remain, but the building cannot be used for its intended purpose

17
Q

What is the 10 year rule?

A

If a development / contravention of planning has not been challenged for 10 years then the development is considered lawful

18
Q

What is an appeal?

A
  1. Challenge to a decision by LPA for refusal of application
  2. Must be made within 12 weeks of decision notice
  3. Section 319A of Town and Country Planning Act 1990
19
Q

What are the 3 methods of appeal?

A
  1. Written representation
  2. Informal hearings
  3. Public local inquiry
20
Q

What is a written representation appeal? (3)

A
  1. Formal issuing of evidence on both sides of the application
  2. Applicant and council provides written statements
  3. Can be challenged on ‘legal grounds’ and referred to high court
21
Q

What is an informal hearing?

A
  1. Open and public discussion lead by inspectors
22
Q

What is a public inquiry?

A

Large and complicated process in office of LPA to challenge decisions

23
Q

What is judicial review of planning applications?

A

Challenge of the lawfulness of decisions made by council

04 Planning (10 decks)

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