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”.
Is there any legislation related to green belt? And how is development controlled within them?
Green belts are not a statutory designation. They are not protected under any legislation but they carry significant weight in planning under the NPPF.
The 5 principles of green belt are:
1. Urban Sprawl - the check unrestricted sprawl of urban areas
2. Coalescence - to prevent neighbouring towns from merging
3. Encroachment - to assist in safeguarding the country side from encroachment
4. Character preservation - to preserve the setting and special character of historic towns
5. Assist urban regeneration - to assist in urban regeneration by encouraging the recycling of other land - brownfield, and now grey belt.
THE FUNDAMENTAL AIM OF GREEN BELT IS TO PREVENT URBAN SPRAWL BY KEEPING LAND PERMANENTLY OPEN.
In green belt there is a presumption against inappropriate development unless VSC can be demonstrated to show the benefits outweigh the harm.
Under the new NPPF, grey belt land (that which has previously been developed or doesn’t strongly contribute to 1, 2 and 4 of the purposes) can no longer be seen as ‘inappropriate development’ so opening it up for new sites.
What are the penalties for non compliance with a TPO?
If someone is found guilty of damage in carrying out work on a tree protected by a TPO without permission then they may be fined.
Landowners must replace a tree that has been removed, uprooted, destroyed in contravention of an order.
What is the purpose of a conservation area?
A conservation area is an area of special architectural and historic interest with a character or appearance that is desirable to be preserved or enhanced. They also automatically protect any trees within them over 75mm in diameter under a TPO. They are usually historic cores of villages, towns and cities and are defined in the listed buildings and conservation areas act and designated by the LPA.
If your client wanted to remove a large area of woodland to develop their scheme, how would you advise them?
I would advise the client bring on board an arboriculturalist as they are competent to offer guidance where trees are present.
The client would need to check if the woodland was designated, including both statutory and non statutory, such as ancient woodland, veteran tree, SSSIs etc.
I would advise the while some of these, like ancient woodland, are not statutory, they carry significant weight under the NPPF. The removal of any quantity of trees for development would likely be deemed inappropriate and refused planning permission.
What is a TPO and why do we use them?
A TPO is a special type of control to protect trees on private property.
TPOS protect trees that are particularly attractive, good examples of their species, contribute to the amenity or appearance of an area, or have cultural or historic value.
If illegal works are undertaken, it could result in a fine over £20k.
TPOs are made by the council when they see fit, for example when trees are perceived to be under threat of being cut down or damaged for development.
Veteran trees are protected by TPOs.
Trees are assessed to a certain criteria:
Health & stability
Visibility from a public place
Contribution to character
Cultural
Historic
Habitat value
Rarity
If a woodland is protected, this would include any future trees as well as present.
Why are PROW important?
A PROW protects the rights of the public to use these accesses and also to prevent their obstruction.
Only some PROW are open to horses, cyclists and motorists.
There are footpaths, bridleways, restricted byways and byways open to all traffic.
Anyone can apply to the LPA to add, remove or change a PROW temporarily or permanently. If permanent, you would need to apply for a public path diversion order.
The LPA will make a decision after reviewing the evidence.
A change can only happen if:
It is necessary to allow development
It can deemed unnecessary highway
The diversion benefits the landowner/occupier
The path is not used by the public
If the application comes from a landowner with permission to develop, then any objections are escalated to the Secretary of State.
What are simplified planning zones?
A zone set out by an LPA where certain developments will not need planning permission under certain parameters.
What is the purpose of building regulations?
Building Regs apply to:
Putting up a new building
Changing a building that is built or making it bigger
Change of use
Altering a buildings services
These requirements are intended to protect people’s safety, health and welfare. They also set the standard for accessibility, water use, energy use and security.
What king of projects need an EIA?
An EIA is compulsory in Schedule 1 projects under 23 categories - including:
1. Crude oil refineries
2. Nuclear power stations
3. Chemical installations
4. Railways and airports with runways over 2.1km
Scheduled 2, smaller scale projects but more sensitive in nature. The LPA will desired if an EIA is required:
1. Agriculture
2. Tourism and Leisure
3. Development
4. Infrastructure
How can a landscape architect advise the client in the case of refusal of planning permission?
If an application is refused, i would advise the client of 3 options. They can either amend the application and resubmit, withdraw the application or appeal to PINS or Secretary of State.
If appealed: the PINS will lead the procedure. They will assess the evidence from both parties and make a decision in 28 days.
Any large or contentious schemes might be elevated to the secretary of state
There are 3 types of appeal:
Written representation - the client does not need to be present, barristers send written responses and the planning inspector considers these after visiting the site.
Hearing - submission of written evidence and an informal hearing, carried out at a round table with PINS leading the discussion and both parties make their case.
Public Inquiry - the most formal for the most complex cases, barristers from both sides present and cross examine expert witnesses. Statements of case and proof of evidence from expert witnesses are sent to PINS. The public are also given the chance to speak at the end. This is the most expensive and longest of the types of appeal, and should be avoided at all costs.
Is planning permission always necessary?
No, there are some types of development that are permitted and these include:
Small domestic extensions up to a certain height
Temporary structures like marquees
Fences under a certain height
Loft extensions
Article 4 removes the right to permitted development - particularly used in designated areas like national parks/landscapes or conservation areas.
When is development deemed to have begun?
Development is deemed to have begun when a material change is carried out on site including:
Construction
Demolition
Digging trenches
Laying out road
What is the difference between outline and full planning permission?
Outline permission - asking the LPA to agree to the principal of development. It contains less information so grants an approval in principle. It looks only at scale, type of development, layout, access and landscape.
A Full application - provides all detail on landscape, appearance, layout, scale, access with details. One granted, development can start straight away unless conditions have been placed upon the permission.
Outline permission is normally only for large complex sites, or those that are more contentious. It would be a waste of time and money to submit a full application for a site of 1000 homes without knowing if the basics will be approved.
What are reserved matters?
These are the details of an outline application that are reserved for a later stage.
This application will over all the additional detail missing at outline.
Must include layout, appearance, scale, access and landscape
Must be submitted within 3 years of the approval date of outline.
What is a local plan and how might we use them?
A local plan makes it clear what should happen in an area over the lifetime of the plan, when and where this will occur and how it will be delivered.
It sets out designations e.g. protected habitats
Define in the NPPF as: “plan for future development, drawing up by the LPA with the community”
They are developed by assessing the future needs and opportunities for an area and identifying solutions and a preferred approach.
Proposed local plans must be submitted to the local planning inspectorate.
They act as a design guide and planning applications must comply with the policies in the local plan unless there is a good reason why not.
A local plan must also provide a 5 year land supply.
What is a neighbourhood plan?
A neighbourhood plan is the lowest level of planning policy created by parish councils or neighbourhood forums. They set out additional policy to a local plan but in more detail.
What is the relationship between local and neighbourhood plans?
Neighbourhood plans become part of statutory development plans or the area they cover. They are developed before, during and after a local plan but law requires that the must conform with the strategic policies in the adopted local plan.
What is a hybrid application?
A hybrid application is one that seeks outline permission for one part of a site, and full for another.
St Albans was an example of this. The main development was an outline app, but to enable this to work in principle, the relocated sports pitches were submitted as a full application.
