Case Study Flashcards

Question

what do DNP requiring longevity and sustainability?

Answer 1

DNPA encourages the use of locally sourced materials known for their longevity and resilience so that buildings can endure Dartmoors harsh weather

Answer 2

I advised that from previous experience box profile cladding was a durable material which had a long life span requiring little maintenance, although Yorkshire boarding was a suitable material I advised that this would degrade over time and would likely require on going maintenance and up keep

Answer 3

The site was predominantly level with little changes - so giving consideration to SP 5.8 that new buildings are clustered within existing building groups 5.5.5 not to proposed isolated buildings

Answer 4

Not clearly visible from the public highway - security In accordance with SP 5.8 in shadow of existing buildings No an isolated building

Answer 5

I did not consider that there were any disadvantages to this location

Answer 6

Access was via a existing field directly off the adjoining public highway

Answer 7

Yes - Under the Local Plan Para 5.2.5 tracks are classed as development

Answer 8

Impermeable surface such, DNP Design Guide do not specify materials - but do specify darker coloured road surfaces using natural materials or surface dressing reflecting local stone

Answer 9

Compacted hardcore with granite dust blinding. I did not advise on costs

Answer 10

All for certain developments to take place without need for full planning permission.

Answer 11

Agricultural Units over 5 hectares: Works for erection, extension or alteration of a building Any excavation or engineering operations. Agricultural Units under 5 hectares: Extension alteration of a building The following classes apply to permitted development: 1. Class A - 5 hectares or more 2. Class B - 5 hectares or less 3. Class C - mineral working for agricultural agricultural purposes 4. Class Q - Conversion of Agricultural buildings to residential use 5. Class R - Conversion of Agricultural buildings to flexible commercial use 6. Class E - Forestry developments 7. Class S - Change of use of building or land within the curtilage from agricultural use to state funded school From 21st May 2024 Flexible Commercial use - increased from 500m2 - 1000m2 Class Q - Increased from 865m2 - 1000m2 Range of uses for agricultural buildings 'flexible commercial use' widened

Answer 12

Units over 5 ha: Can put up new buildings - 1500m2 Units under 5 ha: Extensions only - 1250m2

Answer 13

“protected building” means any permanent building which is normally occupied by people or would be so occupied, if it were in use for purposes for which it is designed If building is used for Livestock - not allowed under PD if within 400m of a protected dwelling

Answer 14

From 1st April 2025 planning fee £240 plus online service charge of £85 Total £325

Answer 15

For Agricultural Applications under GDPO - 28 Days to call in for further info or decide if full planning will be required

Answer 16

Location Plan Site/Block Plan Levels Plan Land Ownership plan Design & Access Statement Flood Risk Map Scale Drawings BNG Metric (if required)

Answer 17

At the time of Submission: From 1st April 2025 - £122 plus online service charge of £85 total £207

Answer 18

56 days - if LPA will not determine in that timeframe quite ofter they will ask for an extension of time. Applicant has the right to appeal to SoS against non-determination - I would advise against this course action, and try to engage with the LPA first

Answer 19

A mandatory requirement in England for most developments with a 10% BNG resulting in more or a better quality habitat than was there before

Answer 20

Using the Statutory biodiversity Metric - which measure how many units a habitat contained before development and how many are need to replace what has been lost and achieve the 10% BNG

Answer 21

Any competent person Advised to use a competent person such as an ecologist - the LPA consultant will review the submitted calculations and reject them if they deem them to be carried out by a competent person. I would always advise to look for a member of the Chartered Institute of Ecology & Environmental Management (CIEEM)

Answer 22

LPA's are responsible for reporting on BNG throughout its life cycle

Answer 23

LPA could take enforcement action to take remediation work, could make developers buy govt. credits, fines

Answer 24

Can follow mitigation hierarchy Avoidance - this first step taking measures to avoid negative impacts on biodiversity Minimisation/Mitigation - Measures taken to reduce duration, likelihood and extent of any impacts that cannot be avoided. Restoration/Rehabilitation - measures to create or enhance habitats after development has taken place where mitigation or avoidance is not possible Offset - measures to compensate for any adverse impacts after the other steps have been implemented. Can be complex.

Answer 25

I would never condone this nor would I be party to assist in anyway. A planning breach in itself is not illegal. Necessitate a Retrospective planning application if refused Enforcement Notice served by LPA - which could require the building to be removed and the site restored to original condition before any works started.

Answer 26

Strongly advise against this Apply for retrospective planning permission

Answer 27

Provided for under s73A of T&C planning Act 1990 An application made after unauthorised development has taken place. Doesn't mean it will be granted.

Answer 28

Regularises unauthorised works Avoids enforcement action

Answer 29

An enforcement notice would be issued. The enforcement notice - detail what the the LPA deem to be the breach & what steps the LPA require to be taken or activities to cease to remedy the breach. The enforcement notice can often require thing to be put back the way they were before any works took place. It is illegal to disobey the enforcement order unless it has successfully been appealed against

Answer 30

Changes were made to planning enforcement periods became effective from 25 April 2024 For developments on after 25 April 2024 - If no enforcement action for a period of 10 years from substantial completion & no deliberate concealment was undertaken the development becomes immune from enforcement. For developments before 25 April 2024 - if no enforcement action was taken for a period of 4 years from substantial completion development becomes immune

Answer 31

Provided for by s73A of the TCPA 1990 If development requiring has been undertaken with out approval from LPA a planning application can be made retrospectively to regularise the unauthorised works. There is guarantee that this application will be approved. Full Planning Application - the LPA will consider the application on its own merits

Answer 32

In line with the DNP's validation checklist the following documents were required: Completed application form Correct Fee Site Location Plan Site/Block Plan Levels Plan Land Ownership Plans Flood Risk Plan Scale Drawings D&A statement WTT BNG Metric

Answer 33

There was no specific reason for the delay in response

Answer 34

At the site meeting I asked what their preferred method of communication- they confirmed telephone calls or email. I communicated by both.

Answer 35

I advised verbally at the site meeting that if the application was submitted on/after 2nd of April we would require an BNG Metric as the application would not be validated if we did not have one. I highlighted the importance of this stating that it was a mandatory legislative requirement requirement. I focused on this point again in email correspondence when confirming discussions at the site meeting and in subsequent emails/telephone calls there after.

Answer 36

s7A of TCPA 1990 (as inserted by s14 of the Environment Act 2021)

Answer 37

The application was submitted on 2nd April - this was the date BNG became mandatory and so the Validation team emailed on the 16th April to state that amongst other things a metric would be required in order to validate the application.

Answer 38

I advised that application would not progress if we didn't satisfy the DNP's requests. I advised that we should engage the services of suitably qualified ecologist to undertake the metric. I suggested I could obtain quotes for their consideration

Answer 39

To demonstrate the extent of the land owned by the applicant

Answer 40

To provide further details indicating the depths of the surfacing materials

Answer 41

I spoke to an agricultural contractor asking for specification/construction of hardcore tracks for agricultural purposes - they sent me an email detailing the same. Produced on sketch up

Answer 42

DNP don't publish a list of ecologists so I sourced a list of approved ecologist on DCC website. With client approval I emailed a number of ecologists providing details of the development and requesting quotes for the work. Came back quite high and I subsequently located a local firm.

Answer 43

Yes I look for Ecologists who were members of Chartered Institute of Ecology and Environment Management. Leading body for ecologists in uk ireland & abroad. Being a Royal Charter Body & registered charity Members are governed by internal regulations & charity commission

Answer 44

Yes they are on a list of professionals that we work with. This consultant had worked with the firm before I started. However they are member of CIEEM and have been professional efficient and trustworthy in their previous work.

Answer 45

Yes they did. Ecologists are expected to provide a baseline assessment for BNG metric calculations as this provides the biodiversity value before the assessment takes place. We had discussed enhancement features as required by SP 2.3 of DNP Local Plan which requires new development to contribute toward biodiversity enhancement. For non-residential buildings 1 enhancement feature was required for every 30m2 or part there of of footprint developed & the same for the track The building measured 46.52m2 and the original track measured 169.37m2 totaling 215.89m2 requiring 8 enhancement features. The clients had suggested they were keen to plant apple/pear trees to create an orchard in the south west corner of the field being a rough area. I advised that 3 native fruit trees = 1 enhancement feature, with the clients opting for 24 trees The rainwater recycling systems discussed earlier in the application would count for 1 enhancement feature This information was passed on the ecologist for comment, they agreed this would be suitable Gain and incorporated this into the Post construction BNG Plan

Answer 46

Their only concern was the length of the track

Answer 47

The case officer 3 Oct emailed the client directly with me cc'd in to say she was hoping to visit on Wednesday at 9am. I contacted the client to check that they had received the email & they confirmed they had. I advised that the case officer would be undertaking the site visit to inspect the site and assess the application against the planning policies. The case officer did not request that we attend, stating if she had further questions she would email them directly. I asked if the clients wished me to attend and they declined saying they were happy to meet her. I advised the clients to be open and honest with the case officer

Answer 48

I expected that the case officer may request further information on how the two separate land parcels were run I also expected questions on the length of the track and potentially questions on the siting of the building as a result, considering the Parish Councils concerns

Answer 49

I provided specific info on how the two sites are run together: Subject site being more productive. With sheep being wintered on the larger block until lambing. The ewes & lambs are moved back to weddicott as soon as practicable after lambing to utilise the better grass and then moved back to lingcombe depending on grass available. Sheep requiring more attention (weaker) & show sheep are kept at weddicott. for feeding animal welfare reason being closer and more easily accessible from the applicants house. As the flock has increased so had the problems such as: Mismothering of lambs Twin lamb disease Weaker lambs being taken by foxes Orphan lambs With no ability to house or treat these issues was becoming a bigger issue I cited the dry storage building at Lingcombe - this could not be used as the neighbor next door vehemently objected to the building stating that the clients housed livestock in the building and the noise and smells had a direct impact on her life.

Answer 50

Sheep were kept in three bunches at tupping time Lambing was staggered Sheep were tupped at lingcombe and brough to weddicott as soon as possible after lambing

Answer 51

Buildings would appear clustered in shadow of neighboring buildings avoiding isolated buildings SP 5.8 For vehicle maneuverability to allow access To accommodate the existing corral For security reasons the chosen site was less visible from the road. The track was required to provide access and prevent causing damage to the field surface from vehicle movements to and from the shed especially in periods of wet weather

Answer 52

Yes I believe it could have been. I did advise the clients that we could seek pre planning advice which come at at a cost of £210 for advice with a further £100 charged for a site visit. The clients did not want to get pre planning advice

Answer 53

Case officer felt that less impactful site for the building & track would need to be agreed before she could support the application. She felt that the field features show on the Devon Tithe map had been intact till now. Stating that while she recognized the need for the building it was important that any intervention into the historic field system be minimized. She felt the proposed location on the western boundary with associated track would be harmful to the historic field system. She also stated that the new building would need to enclosed in an appropriate boundary feature citing Policy 5.8 being clustered and enclosed within an appropriate boundary feature. She advised a Devon Hedge Bank with native hedge to be most appropriate

Answer 54

Discussion with an agricultural contractor

Answer 55

Northern corner of the field She felt that the field features show on the Devon Tithe map had been intact till now. Stating that while she recognized the need for the building it was important that any intervention into the historic field system be minimized. She felt the proposed location on the western boundary with associated track would be harmful to the historic field system. She also stated that the new building would need to enclosed in an appropriate boundary feature citing Policy 5.8 being clustered and enclosed within an appropriate boundary feature. She advised a Devon Hedge Bank with native hedge to be most appropriate

Answer 56

No they didn't They felt that it was more visible to the road and would impact on the existing corral

Answer 57

Anthracite grey metal sheeting instead of green which aligns with advice contained on p.50-51 of the Dartmoor Design Guide. however, Reflective and light coloured sheet materials should be avoided. However planning is somewhat of a subjective process Sinusoidal corrugated in place of box profile Sinusoidal corrugated sheets, also known as corrugated iron or wriggly tin, have a wave-like profile, while box profile sheets, also called trapezoidal, feature a series of box-like or trapezoidal ridges. Box profile sheets generally offer a more modern, sleek appearance There was no practical implications and I could not comment on the cost implication as I don't have requisite knowledge

Answer 58

As the red line had been drawn around exactly around the proposed building & track the revised citing could not be dealt with as part of the application because the revised citing would fall outside of the redline boundary which cannot be altered

Answer 59

Case officers

Answer 60

Predominantly a loss of continuity. Original case officer is familiar with the application details and had a sense for key issues or concerns. New case officer may need to revisit these and potentially lead to further questioning or requests for more information While case officers follow the same rules and apply same policies individual interpretations may vary leading to a different approach to the application which could affect the decision

Answer 61

Another application fee Increased professional fees

Answer 62

Permission was granted conditionally with 7 Conditions. 1 being pre commencement. 1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 2 The development hereby permitted shall be carried out strictly in accordance with the approved drawing(s): 3 Notwithstanding the drawings hereby approved, the external walls and roof of the development hereby approved shall be clad in anthracite grey sinusoidal corrugated metal and shall at all times thereafter be retained as anthracite grey sinusoidal corrugated metal. 4 The agricultural building hereby permitted shall only be used for agricultural purposes reasonably necessary on the holding to which it relates. When redundant for agricultural purposes, the building shall be removed and the land reinstated to its former condition within a period of six months. 5 No external lighting shall be installed or used 6 Prior to the commencement of the development hereby permitted, details of the two new hedge banks to be constructed to the south east of the track hereby approved and to the south west of the building hereby approved shall be submitted to the Local Planning Authority for approval in writing. 7 Prior to the development hereby permitted being brought into use, the biodiversity net gain measures illustrated on drawing numbered 24.14466.1.TP shall be undertaken Conditions were discharged 7th March 2025

Answer 63

No, I would say that my clients had a poor view of DNP regardless. It is a wide spread opinion of many people who engage our services for planning that DNP are extremely difficult do not want to support agricultural applications

Answer 64

I would ensure to position the redline boundary to allow for amendments I would be more proactive rather than reactive regarding legislative changes that would require another professionals input to avoid delays I would include more detailed and specific information when submitting an agricultural justification which would help facilitate the case officers understanding if they are not from an agricultural background

Answer 65

Approximately 4.5 miles away I would not consider it fundamental to the successful outcome, but it formed part of the justification

Answer 66

I am not aware of any further intentions with regard to the building.0