Additional Qs Flashcards
What legislation exists to protect the countryside?
NPPF (Guidance framework rather than legislation)
Countryside & Rights of Way Act
Wildlife & Countryside ACt
National Parks & Access to the Countryside Act
Natural Environment and Rural Communities Act
When would you deal with Natural England, Department of Environment Northern Ireland, Nature Scot and Natural Resources Wales?
When you need advice on conservation matters in the UK.
They are statutory consultees in the UKs planning system so must be consulted in the EIA process and on planning applications.
When a new planning application is submitted, the LPA has a statutory duty to identify the relevant statutory consultees and request their opinion on the proposals.
Your client owns an area of land and would like to plant trees on it. If the land is not being planted for commercial timber and is not an SSSI or Conservation area, where might they obtain a grant?
Grants for habitat creation can be obtained from Natural England, Section 38 project grants
Forestry Authority Woodland Grant Scheme
Forestry Company Funds
Woodland Trust
The Arboricultural Association
What legislation underlies SSSIs, Ramsar and National Landscapes?
SSSIs and Ramsar sites protected under the Wildlife & Countryside Act 1981
National Landscapes are protected under the National Parks & Access to the Countryside Act and the CROW 2000
What is the law regarding bats?
It is an offence intentionally or recklessly to kills, injure, or take possession of or control of animals listed in Schedule 5. It is also illegal to damage, destroy or obstruct access to any place of shelter or disturb a S5 animal.
Bats are protected under the Wildlife & Countryside Act, the Conservation Regulations, and Nature Conservation Act in Scotland, as well as others.
Licenses may be issued if bats need to be relocated, they are also protected under European Law - the Regulations implement the Habitats Directive, protecting them at any location, not just their roosts.
What authority do Natural England, DoENI, SNH, NRW have?
Natural England manage Englands SSSIs, National Parks and landscapes
They advise the SoS in his or her duty to publish a list of the living organism and habitats principal to conserving biodiversity
They give advice to local authorities relating to their general purpose as a statutory consultees
DoENI advises on establishment and management of national parks, landscapes, areas of special scientific interest and nature reserves.
Name 3 statutory designations…
Landscape beauty - National Landscape, National Park, Norfolk and Suffolk Broads
Protection of Species or habitats - Ramsar, SACs, NNRs
Active ecological management - SSSI, Ramsar,
How are ancient woodlands and veteran trees protected in law?
Ancient woodland is not a statutory designation, so there isn’t automatic legal protection.
They are often protected under an SSSI or similar.
The paragraph 118 of the NPPF states “planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats including ancient woodland and the loss of veteran trees found outside the ancient woodland, unless the need for and benefits of the development in that location clearly outweigh the loss”.
Veteran trees are also automatically protected under TPOs.
It is a criminal offence to fell or otherwise harm a tree protected by a TPO without written consent of the LPA.
Which organisation sets the boundary of a green belt?
Local Planning Authority
Why might a SSSI be also a nature reserve? What additional protection may a nature reserve have in addition to the protection afforded to a SSSI?
SSSIs can sit within a nature reserve. A SSSI is a statutory designation and can sit also within a local nature reserve. They are protected under the Wildlife and Countryside Act, whereas NNRs and LNRs are protected under the National Parks and Access to the Countryside Act.
What type of development requires an ES?
Schedule 1 projects - an EIA is required in every case:
Crude oil refinery
Nuclear power station
Chemical installation
Waste disposal
Schedule 2 projects - EIA is required only if the particular projects in question is judged likely to give rise to SIGNIFICANT environmental effects:
Infrastructure projects
Urban development
Tourism and leisure
What is the primary planning legislation in the UK?
The Town and Country Planning Act
Primary legislation = a law in the form of an act of parliament of statutes.
There is also secondary legislation in the form of statutory instrucments (codes, orders and regulations)
The T&C Planning act is supported by others, including The Planning Act 2008
FYI The NPPF is not legislation, it is a framework and not legally binding
What is your experience of the planning system?
My experience of the planning system is limited, but I have learned a lot from the planning team at Define.
I understand that the UKS planning system can be broken down into 3 tiers, legislative framework, NPPF and local development planning.
The primary legislation varies depending on the nation, in Scotland, it is the NPF4
I know that the legislation informs the NPPF and this is the framework that we work to on our projects. I’m also aware that not every development requires planning permission, there are permitted developments that do not, but these are smaller scale than our work at Define and include things like home extensions, construction of low fencing, patios etc.
Some areas have greater levels of protection, including those within designated areas.
What is your experience of a planning application?
I have worked on applications now at a number of different stages, including outline through to detail. On any projects that we work on at Define, there is always a planning team involved. I regularly liaise with the planning team to understand the requirements in terms of the drawing list that is needed for the application.
In terms of the process of a planning application, I would begin by ensuring that I was competent to manage the scale or complexity of the application and contact the LPA for advice if necessary.
I would contact the LPA for EIA screening and submit a pre app notice and set up any pre app meetings that are required.
The application would be made and drawings validated which requires a fee to be paid.
Once validated, the application is uploaded to the planning portal and statutory consultees are consulted.
The application is considered by an officer or committee and a decision is made. If permitted with conditions, a separate application or more than one will be required to discharge conditions.
If it is refused, you can amend, withdraw or appeal.
Does an LVA sit within an ES?
The purpose of an ES is to measure the significance of a development. An LVA does not form part of an ES as we don’t consider the significance. If we work with a duty of care, then actually we should be mindful of not doing too much - i.e. we shouldn’t do an LVIA if only an LVA is required. All consultants will use the same terminology in an ES.
Bradford on Avon was an LVA or a technical note - this is used to show consideration of the effects of the development. An LPA might ask for an LVA instead but it doesn’t need to be sent to statutory consultees.
What is a vision document?
A vision document is submitted with a call for sites under a local plan. It is for an unallocated site. (GGV, Groby, Oadby)
What other legislation is there and what is the hierarchy of planning policy legislation?
There is primary and secondary legislation. Primary is used for main laws passed be legislative bodies in the UK e.g. acts of UK parliament or Scottish Parliament. It includes historical parliaments too.
Bills and Acts are primary legislation or Statute Law.
Secondary legislation is delegated or subordinate - made by a person or body under authority contained in primary legislation, e.g. regulations, rules or orders.
In the UK, the heirarchy is:
National (MHCLG)
Regional
Local
National sets out national policy and guidance such as the NPPF
Regional sets out regional policies and priorities for development and land use
Local sets out local development framework, including local plans and SPDs and make the decisions on planning applications.
In terms of policy, the hierarchy is National - NPPF, Town and Country Planning Act
Regional - regional development plans were abolished under the localism Act (2008) but sometimes there may be regional level strategies like the West Mids Combined Authority Economic Strategy that may inform spatial planning
Local - local plans and SPDs.
What is the planning inspectorate?
The planning inspectorate for England and Wales (PINS) is a government agency that has the responsibility to make decisions and provide recommendations on a range of planning issues. they deal with planning appeals, NSIPs and local plan examinations.
What are the key changes to the NPPF in December 2024?
- Introduction of grey belt development - defined as land in the Green belt comprising previously developed land and or land that does not strongly contribute to purpose A, B or D of the green belt.
Purpose C is excluded as this would essentially be all grey belt land.
Grey belt should be released before non brown, non grey green belt.
If a site is grey belt, it is no longer “inappropriate development in the green belt” so you don’t need justification with reference to very special circumstances and there is no clear reason for refusal under green belt policy
Your development can’t “fundamentally undermine the purposes of the remaining green belt, either across the area of the plan or wider green belt as a whole”
You do still need - a sustainable location, a need for the development (sub 5 YLS), and to pass the golden rules - The Golden Rules
Any major development involving the provision of housing should secure necessary infrastructure improvements, and provide publically accessible green spaces which contribute positively to the landscape setting of the development, supporting nature recovery and meeting local standards for green space provision.
There must be a minimum of 50% affordable housing provision within the green belt unless proven to be unviable
If a site meets these requirements, there will be significant weight in favour of permission - Changes to terminology - less emphasis on beauty more on high quality design - which could create more design detail at earlier stages.
- Sequential testing is a requirement for sites if built form or highways sit wihin an area at risk of flooding.
The environment agency have updated their mapping
Even if a sequential test has failed, a site could still be developed if there is a substantial need for housing which could not be met elsewhere - the weighting on this issue might be reduced but this is a planning judgment call.
SuDS is now defined in the NPPF and there is greater emphasis on the multifunctionality of these for water quality, biodiversity and amenity.
What is the difference between a national landscape and a national park?
A National Landscape (previously an AONB)
These have the highest level of planning protection in relation to landscape and scenic beauty. Their purpose is to protect and enhance the natural beauty of the area.
They are managed by the LPAs and community groups - some might have their own authority if they cross a lot of LPA boundaries
Shropshire Hills, Wye Valley, Cotswolds
National Parks
These are designated for their conservation purposes, either natural, historic, or cultural significance
They have their own planning authority, National Parks Authority
Brecon Beacons
Cairngorms
Snowdonia
Lake District
Both of these are likely to be statutory consultees
What do landscape designations mean for housing?
If a client had proposed a site within a designated landscape, I would advise them that should not build near these - they are unlikely to receive planning permission. This would be proven with an LVIA, the impact a development would have on the designated landscape.
The NPPF states that major development proposed within National Landscape, National Parks or the Broads should be refused, unless in exceptional circumstances such as a site in the public interest.
With regards to habitat and biodiversity designations, the NPPF state that applications should be refused if the harm to biodiversity is significant and cannot be avoided through mitigation, alternative location or compensation.
It will also be refused if it adversely affects a SSSI, there is loss or deterioration of irreplaceable habitats (i.e. ancient woodland) unless there are exceptional reasons.
If your client is proposing a development on a site with trees protected by TPOs, what would you do?
A TPO is an order made by a LPA to protect specific trees, groups of trees or woodlands in the interests of amenity as outlined in the town and country planning act.
TPOs prohibit cutting down, topping, lopping, uprooting, wilful damage or destruction
In the first instance, I would contact the LPA for advice. If works needed to be undertaken to the trees, I would apply for permission for this through the LPA. I would also consult an arboriculturalist and come up with a design that avoids these trees wherever possible.
Tree works and removal are a last resort
St Albans - a Veteran tree is automatically protected by a TPO. We worked with the UDs to reroute their road design to avoid the tree and its RPA.
Works to a tree without authorisation could result in legal consequences and fines.
What is development?
Development is defined by the Town & 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 land”.
