Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

ACP > 2.1 Planning > Flashcards

2.1 Planning Flashcards

1
Q

What is a s.106 TCPA agreement

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is outline PP

A

Later app for reserved mattes required

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Which planning O is by deed between LPA + landowner

A

Bilateral under s.106 TCPA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is a CLEUD

A

Certificate of Lawfulness of existing use/development

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What happens if developer fails to pay CIL

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

How is CIL different from s.106

A

Need not fund infrastructure directly relating to development

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Newbury DC ratio

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

By when must PP decision be given if non-major

A

8 weeks

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

For what kind of PP is outline PP not available

A

MCoU

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Downside of outline PP

A

Uncertain

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Tesco Stores ratio

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

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

A

Make client aware of risk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

By when must PP decision be given if EIA required

A

16 weeks

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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

A

Only personal and not binding on successors

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What provision states s.106 runs with land

A

106(3) TCPA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What to check to see if CIL applicable

A

LLC1

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

When can CLEUD definitely never be obtained

A

If development was concealed - unlimited time limit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

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

A

Jelson v Derby CC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

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

A

55(1)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

By when must PP decision be given if major

A

13 weeks

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Who does developer pay CIL to

A

Collecting Authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Is PP personal? What provision?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

For what responses by LPA must LPA justify their decision

A

Subject to conditions or refused

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

NPPF on s.106 TCPA

A

Ensure necessary, directly relate to development, and reasonably proportionate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What is an EIA

A

Environmental Impact Assessment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

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

A

Previous PP refusal/conditions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What certificate if no BR obtained

A

Building Regularisation Certificate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What is limited PP

A

Limited either by time or for specific person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Why is CLOPUD used

A

If unsure if PP require or not

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Who can appeal to Planning Inspectorate

A

Only applicant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What provision tells us when PP is required

A

57(1) TCPA - for development

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

What is CIL chargeable on

A

All commercial + residential developments UNLESS within exemption/relief

34
Q

When is PP actually granted

A

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

35
Q

Who is usually th Collecting Authority for CIL

A

LPA

36
Q

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

A

Tesco Stores

37
Q

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

A

Have pre-app discussions w/ LPA

38
Q

What if no reply given by LPA to PP app

A

Deemed refusal

39
Q

How can 3rd parties appeal PP decisions

A

Via JR under s.78 TCPA

40
Q

What is a bilateral planning obligations

A

s.106 TCPA

41
Q

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

A

Completion notices

42
Q

Why is a unilateral PO usually offered

A

To speed up app, or developer appealing after refusal

43
Q

What must a s.106 TCPA agreement be - nature

A

Of a kind set out in 106(1),

44
Q

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

A

If planning to demolish

45
Q

How to obtain CLEUD

A

Statutory declaration of continuous use

46
Q

Three kinds of certificates of lawfulness

A

CLEUD, CLOPUD and BRs

47
Q

NPPF guidance on conditions on PP

A

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

48
Q

By when must 3rd parties appeal PP decisions

A

Within 6 weeks of PP

49
Q

What need to be adopted before CIL can be used

A

DPD + Charging Schedule

50
Q

When can CLEUD be obtained

A

After 10 years provided relevant time limits have expired

51
Q

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

A

No

52
Q

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

A

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

53
Q

What three responses can LPA make to PP app

A

Grant unconditionally, subject to conditions or refused

54
Q

What is the effect of a completion notice?

A

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

55
Q

What is CLOPUD

A

CoL for proposed use/development

56
Q

Why might someone other than landowner apply for PP

A

To get an idea for proposed development

57
Q

What provision permits conditional PP

A

70 TCPA

58
Q

Check LLC1 for Article 4 Direction when

A

After GPDO

59
Q

When must CIL be paid

A

Within 60 days of commencement

60
Q

What is the community infrastructure levy

A

Discretionary planning charge to fund infrastructure + development

61
Q

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

A

22 - 30 weeks

62
Q

Check what to see if BRs obtained

A

CON29

63
Q

In what circumstances can applicant appeal to Planning Inspectorate

A

Against refusal or conditions ONLY

64
Q

How is the CIL worked out?

A

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

65
Q

Jelson v Derby CC ratio

A

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

66
Q

Two kinds of planning obligations

A

Unilateral and bilateral

67
Q

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

A

Newbury DC v SSE, NPPF

68
Q

Three types of PP

A

Outline, full and limited

69
Q

How long should you allow for JR period to run out

A

2-week buffer, so 8 weeks total

70
Q

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

A

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

71
Q

What is full PP

A

Confirms all at outset

72
Q

By when must applicant make app to Planning Inspectorate

A

Within 6 months of decision

73
Q

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

A

No

74
Q

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

A

Condition of C to pay

75
Q

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

A

They run alongside each other

76
Q

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

A

DPD + material considerations

77
Q

What financial O can be pooled

A

CIL

78
Q

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

A

NPPF

79
Q

When must work begin from date of PP decision

A

Within 3 years

80
Q

Which PP is the most certain

A

Full

81
Q

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

A

Condition = starting point

82
Q

Why is CLEUD used

A

To prevent enforcement action, even if time limits have passed

ACP (12 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions