2.1 Planning Flashcards by Annie wood

What is a s.106 TCPA agreement

Between landowner + LPA by deed - can be purely financial and relate to off-site Os

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What is outline PP

Later app for reserved mattes required

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Which planning O is by deed between LPA + landowner

Bilateral under s.106 TCPA

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What is a CLEUD

Certificate of Lawfulness of existing use/development

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What happens if developer fails to pay CIL

LPA can charge surcharge, interest, CIL stop notice, imprisonment or seizure

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How is CIL different from s.106

Need not fund infrastructure directly relating to development

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Newbury DC ratio

Conditions must be for planning purpose, relate to development and reasonable (PDR)

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By when must PP decision be given if non-major

8 weeks

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When can s.106 PO be discharged/modified and provision

After 5 years from date of s.106 (106A(3) - (4))

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For what kind of PP is outline PP not available

MCoU

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Downside of outline PP

Uncertain

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Tesco Stores ratio

PO hugely out of proportion to development, but HoL said LPA could attach a lot or little weight to NPPF

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If not obtaining BR Certificate bc going to demolish (risking enforcement), what should you do

Make client aware of risk

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By when must PP decision be given if EIA required

16 weeks

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What happens if s.106 TCPA agreement does not satisfy conditions in 106(1) TCPA

Only personal and not binding on successors

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What provision states s.106 runs with land

106(3) TCPA

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What to check to see if CIL applicable

LLC1

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When can CLEUD definitely never be obtained

If development was concealed - unlimited time limit

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If s.106 TCPA does not satisfy 106(1) conditions, only personal and not binding on successors - CASE

Jelson v Derby CC

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What provision defines ‘development’ for 57(1) TCPA

55(1)

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By when must PP decision be given if major

13 weeks

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Who does developer pay CIL to

Collecting Authority

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Is PP personal? What provision?

No - 75(1) TCPA says for benefit of land, so can pass to purchasers

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For what responses by LPA must LPA justify their decision

Subject to conditions or refused

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NPPF on s.106 TCPA

Ensure necessary, directly relate to development, and reasonably proportionate

What is an EIA

Environmental Impact Assessment

What could you look at to see if proposed use/works likely to also be refused

Previous PP refusal/conditions

What certificate if no BR obtained

Building Regularisation Certificate

What is limited PP

Limited either by time or for specific person

Why is CLOPUD used

If unsure if PP require or not

Who can appeal to Planning Inspectorate

Only applicant

What provision tells us when PP is required

57(1) TCPA - for development

What is CIL chargeable on

All commercial + residential developments UNLESS within exemption/relief

When is PP actually granted

When formal confirmation received - not just letter notifying of intention to grant PP

Who is usually th Collecting Authority for CIL

LPA

What case has thrown NPPF guidance on s.106 TCPA into doubt

Tesco Stores

What should you do to avoid incurring expenses unnecessarily when applying for PP to LPA

Have pre-app discussions w/ LPA

What if no reply given by LPA to PP app

Deemed refusal

How can 3rd parties appeal PP decisions

Via JR under s.78 TCPA

What is a bilateral planning obligations

s.106 TCPA

What notice might be served if work not completed within reasonable time

Completion notices

Why is a unilateral PO usually offered

To speed up app, or developer appealing after refusal

What must a s.106 TCPA agreement be - nature

Of a kind set out in 106(1),

When might developer not get Building Regularisation Certificate, despite no BRs obtained

If planning to demolish

How to obtain CLEUD

Statutory declaration of continuous use

Three kinds of certificates of lawfulness

CLEUD, CLOPUD and BRs

NPPF guidance on conditions on PP

Conditions must meet all 6 tests - enforceable, relevant to planning, relevant to development, necessary, precise and reasonable (**ERNPR**)

By when must 3rd parties appeal PP decisions

Within 6 weeks of PP

What need to be adopted before CIL can be used

DPD + Charging Schedule

When can CLEUD be obtained

After 10 years provided relevant time limits have expired

Is there a set time for LPA to reply to appeals to Planning Inspectorate

When is condition not a starting point, if overlap w/ s.106

Could not be a condition (e.g. off-site/financial)

What three responses can LPA make to PP app

Grant unconditionally, subject to conditions or refused

What is the effect of a completion notice?

Gives developer chance to appear in court, and requires completion not less than 12 months from notice

What is CLOPUD

CoL for proposed use/development

Why might someone other than landowner apply for PP

To get an idea for proposed development

What provision permits conditional PP

70 TCPA

Check LLC1 for Article 4 Direction when

After GPDO

When must CIL be paid

Within 60 days of commencement

What is the community infrastructure levy

Discretionary planning charge to fund infrastructure + development

What is the usual time period in which LPA respond to appeals to Planning Inspectorate

22 - 30 weeks

Check what to see if BRs obtained

CON29

In what circumstances can applicant appeal to Planning Inspectorate

Against refusal or conditions ONLY

How is the CIL worked out?

Chargeable unit (e.g. £2/metre square) x number of chargeable units

Jelson v Derby CC ratio

If s.106 TCPA does not satisfy 106(1) conditions, only personal and not binding on successors

Two kinds of planning obligations

Unilateral and bilateral

Two sources fettering conditional PP - 1x case 1x guidance

Newbury DC v SSE, NPPF

Three types of PP

Outline, full and limited

How long should you allow for JR period to run out

2-week buffer, so 8 weeks total

If work/use proposed is against DPD, what can you do

Rely on material considerations, e.g. DPD outdated or works/use required in area

What is full PP

Confirms all at outset

By when must applicant make app to Planning Inspectorate

Within 6 months of decision

If PP was limited, do you need PP to continue previous use before limited PP?

If CIL has not been paid, what steps to take?

Condition of C to pay

Is CIL distinct from s.106 TCPA? Can they run together?

They run alongside each other

What two things do LPA refer to when making PP subject to conditions or refusing

DPD + material considerations

What financial O can be pooled

CIL

What states that if overlap between PP conditions + s.106, condition = starting point

NPPF

When must work begin from date of PP decision

Within 3 years

Which PP is the most certain

Full

What if there is overlap between PP conditions + s.106?

Condition = starting point

Why is CLEUD used

To prevent enforcement action, even if time limits have passed

2.1 Planning Flashcards

(82 cards)