3A: Planning - System, Processes, Development Control Flashcards
How would you determine if a project needed planning permission if it was borderline?
Firstly I would study local policy and planning guidance on development, NSIPs etc… if still not clear consult local authority
What is bad neighbour development?
Introducing increases in noise, amount of people gathering or moving through an area, traffic, parking requirements, construction of things such as casinos, funfair, cinema, dance hall.
What is the hierarchy of planning in England?
In terms of policy etc…
National:
- Primary Legislation: Town and Country planning Act
- NPPF
Regional:
- England abolished regional development plans under the localism act, but sometimes there are regional-level strategies such as the West Midlands combined authority’s economic strategy, which may have information regarding spatial planning etc.
… This doesn’t have the same role as local plans, but in my last job I remember looking at the west mids doc when working on both green belt projects and the metro expansion project.
Local:
- Local Plans (and SPDs)
- Neighbourhood plans (and SPDs)
In terms of decision making…
- Parish Council
- Local Planning Authority
- PINs/Secretary of State
What legislation applies to neighbourhood plans?
Localism Act
What is “Development”?
Defined by the town and country planning act as “the carrying out of building / engineering / mining or other operations in, on, over or under land or any material change in the use of any buildings or other land”
Who might an LPA consult regarding a planning application?
- Stakeholders such as Natural England, Network Rail, EA
- Professional consultations – e.g. design review panel
- Public consultations
How long does a statutory or non-statutory consultee have to respond after planning application has been validated?
21 days
How long is planning permission valid for after being permitted?
Two years after RM, three years after outline… whichever is latest
What are simplified planning zones?
Zones set out by LPA whereby certain development will not need planning permission, to certain parameters.
How can LPAs enforce the replacement of protected trees?
As a planning condition, or a tree replacement notice
What happens if the secretary of state calls in an application?
PINs carry out enquiry, report provided to secretary of state
What is a non-technical summary?
It is text provided as part of an ES to summarise all chapters, in plain, easily understood language.
Which parts of the NPPF are most relevant to Landscape Architects?
There are several sections that relate directly to landscape matters such as placemaking and the natural environment:
- Promoting sustainable transport
- Achieving well-designed places
- Meeting the challenge of climate change, flooding and coastal change
- Conserving and enhancing the natural environment
- Conserving and enhancing the historic environment
There also a number of sections that relate indirectly…
- Ensuring the vitality of town centres
- Delivering a sufficient supply of homes
- Promoting healthy and safe communities
- Making effective use of land
- Protecting Green Belt Land
What is the planning process for an NSIP?
Planning permission for NSIPs is achieved through a Development Consent Order (DCO). The applicant would have to go through a pre-app process before submitting the application. Submission is then followed by the Acceptance period which is 28 days, in which PINS will check it meets the requirements for examination.
If accepted, the next stage is pre-examination, when interested parties have to make themselves known and attend a preliminary meeting.
This is followed by the examination period of six months, after which PINS has three months to submit a report and reccomendation to the Secretary of State. The SoS then has three months to make the decision.
In the post decision phase, there is a six week period in which the decision can be challenged by the high court (judicial review).
What are material considerations?
What are some examples of effects that would not be considered material considerations?
A material consideration is a matter that should be taken into account in deciding a planning application or on an appeal against a planning decision.
They include noise, traffic, government policy, effects on listed buildings and conservation areas, parking and overlooking/loss of privacy.
Issues such as loss of view or negative impacts on property prices are not material considerations.
What is a DAS?
(Design and Access Statement)
a document required as part of a planning application submission, any full or outline application for major development. It includes information about the particular characteristics of the site and its wider setting, and how the applicant’s approach addresses access and local plan policies, and also the process/outcome of consultation with the council and the public.
What are the typical contents of a DAS?
- Layout of buildings within the development (masterplan)
- Appearance of buildings (materials, style, precedents, design)
- Scale (precise measurements of the buildings, eg parameter plan)
- Access (to and within site for vehicles, cycles and pedestrians)
- Landscape proposals (landscape masterplan/GI plan/illustrative masterplan
What is the planning inspectorate?
The Planning Inspectorate for England and Wales (sometimes referred to as PINS) is a goverment agency that has the responsibility to make decisions and provide reccomendations on a range of planning issues. They deal with planning appeals, NSIPs and Local Plan Examinations, among other things.
What is the difference between CIL and a Section 106 Agreement?
Both are a financial contribution from a developer towards local amenities / infrastructure, such as highways and public open spaces and play.
A Section 106 is more specific to a site, its size and the developer and negotiated on a case-by-case basis.
CIL (Community Infrastructure Levy) is less flexible but a more simpler process - it is a fixed tariff - and the income from it can be spread around a local authority more. CIL is generally more common at the moment.
Is planning permission always required?
No - permitted developments exist, such as small domestic extensions and development within simplified planning zones. If there is any doubt whether planning permission is required it is best to contact the local planning authority.
How may an Article 4 affect you?
Article 4 removes permitted development rights, often in areas such as conservation areas, national parks and AONBs - anywhere the LPA wants to limit, or have more control over, development.
Do you always need planning permission for a change of use?
You would normally need planning permission for this, but not always - some changes of use within classes do not need planning permission. Some temporary uses, such as marquees, don’t need planning permission.
However, I once worked on an LVIA for a temporary marquee which needed to go through the full planning process due to its sensitive nature in central London; directly opposite the Houses of Parliament UNESCO site! So I’ve learnt from experience that these things often aren’t black and white
What is a major development?
As set out in the town and country planning regs, developments of ten or more houses or fewer on a site of over 0.5Ha, any bad neighbour development, and any development relating to minerals or waste management constitutes a major development.
Major developments have to go through a pre-app process with the LPA and pubic consultation. They will normally be a schedule 1 development in EIA terms, and the planning process normally takes about 6 months. The decision period is 13 weeks.
Most of the schemes we work on at Define are major development scale - residential developments of over 10 houses.
What is a minor / local development?
These are developments that are smaller in scale or impact than major or national projects, such as open space improvements or a new park (under 1 ha).
Pre-app is usually still necessary, and the whole planning process normally takes about 6-8 weeks
What is permitted development?
Permitted development covers minor works that do not need planning permission, such as fences under a certain height, building extensions under a certain size, and loft extensions under a certain size.
Permitted development can be limited in areas such as conservation areas, or in areas covered by an Article 4.
