2.1 Planning Flashcards
What is a s.106 TCPA agreement
Between landowner + LPA by deed - can be purely financial and relate to off-site Os
What is outline PP
Later app for reserved mattes required
Which planning O is by deed between LPA + landowner
Bilateral under s.106 TCPA
What is a CLEUD
Certificate of Lawfulness of existing use/development
What happens if developer fails to pay CIL
LPA can charge surcharge, interest, CIL stop notice, imprisonment or seizure
How is CIL different from s.106
Need not fund infrastructure directly relating to development
Newbury DC ratio
Conditions must be for planning purpose, relate to development and reasonable (PDR)
By when must PP decision be given if non-major
8 weeks
When can s.106 PO be discharged/modified and provision
After 5 years from date of s.106 (106A(3) - (4))
For what kind of PP is outline PP not available
MCoU
Downside of outline PP
Uncertain
Tesco Stores ratio
PO hugely out of proportion to development, but HoL said LPA could attach a lot or little weight to NPPF
If not obtaining BR Certificate bc going to demolish (risking enforcement), what should you do
Make client aware of risk
By when must PP decision be given if EIA required
16 weeks
What happens if s.106 TCPA agreement does not satisfy conditions in 106(1) TCPA
Only personal and not binding on successors
What provision states s.106 runs with land
106(3) TCPA
What to check to see if CIL applicable
LLC1
When can CLEUD definitely never be obtained
If development was concealed - unlimited time limit
If s.106 TCPA does not satisfy 106(1) conditions, only personal and not binding on successors - CASE
Jelson v Derby CC
What provision defines ‘development’ for 57(1) TCPA
55(1)
By when must PP decision be given if major
13 weeks
Who does developer pay CIL to
Collecting Authority
Is PP personal? What provision?
No - 75(1) TCPA says for benefit of land, so can pass to purchasers
For what responses by LPA must LPA justify their decision
Subject to conditions or refused
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
No
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?
No
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
