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APC / CAAV Revision > Case Study Questions > Flashcards

Case Study Questions Flashcards

1
Q

What was the planning use of the property?

A

B2 - General Industrial

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2
Q

What are some other planning uses?

A

B8 Storage and Distribution
B1 Offices, Research, Industrial
A1 Shops

A1 and B1 are now Class E

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3
Q

Have there been any changes to this (use class order)

A

Yes the changes to the use class order (1st September) 2020, the combination of class A1 and B1 into Class E.

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4
Q

What planning history did the site have?

A

It did not have any planning history, only the historical use of the property for B2 use for over 30 years.

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5
Q

What could you have done to formaise this use?

A

Apply to the council for a CLUED as the breach had been ongoing for more than 10 years uninterupted.

Or a retrospective planning application.

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6
Q

What are the requirements of a CLUED?

A

You can only use where the use has been uninterupted and unenforced use for:

4 years for Building, Mining or Engineering operations

4 years for change of use to a single dwelling

10 years for every other breach

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7
Q

What could have happened if your client didnt formalise this?

A

Potentially the council could have issued an enforcement but it would not have been enforceable as the breach had been over 10 years.

Would have caused issues when it came to sell the property.

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8
Q

What would have been the implication if the property were curtilidge listed?

A

Listed building consent would have been required.

Also additional policies of the Local Plan and NPPF would have been considered by the LPA.

Glazed link would perhaps not have been possible.

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9
Q

How is curtilidge defined?

A

Historic England defines the curtilidge to be the immediate setting of a buidling, however case law has deemed that curtilidge will be determined based on:

  • Ownership of the buildings
  • Physical layout of the buildings
  • Their use of function in connection with the subject
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10
Q

What works can be done to a listed building?

A

Listed building consent is required for demolition, extension and alterations which effect its character and as a building of special architectural or historic interest.

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11
Q

Why did you not use permitted development rights?

A

There are no permitted development rights for this size of change of use.

Additionally the proposal was to include a new glazed link which would require full planning permission in any case.

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12
Q

What impact does the Green Belt have on Permitted Development rights?

A

The Green Belt itself does not impact on PD rights, only Article 2(3) land does.

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13
Q

What impact does the Green Belt have on this project?

A

Brings the project under greater scrutiny, as per the NPPF there are only a limited number of developments which are considered to be approprite within the Green Belt.

The NPPF does allow for re-use of buildings within the Green Belt providing they are of perminent and substantial construction.

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14
Q

What kind of developments are permitted in the Green Belt?

A
  • Buildings for Agriculture of Forestery
  • Buildings for provision of appropriate facilities
  • Limited infilling
  • Limited affordable housing
  • Replacement of rural building where the footprint is not materially larger
  • Extension of rural buildings where the footprint is not materially larger
  • Redevelopment of previously developed land
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15
Q

What is the purpose of the Green Belt?

A

The Green Belt is there to prevent urban sprawl but the NPPF states a defined numner of purposes:

  • To prevent the unchecked sprawl of urban areas
  • To protect the historic and special character of towns and villages
  • to prevent towns and cities from merging together
  • to safeguard the countryside from encroachment
  • to promote the regeneration of brownfield land in urban areas
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16
Q

What is the diference between curtilidge listed and listed buildings?

A

The same rules apply

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17
Q

What is a “locally” listed building?

A

A building structure of feature which is not recognised by listed status is still felt by the council to be of local importance due to its architectural, historical or environmental significance.

The NPPF offers additional protection for Heritage Assets which can be considered by the LPA when determining an application.

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18
Q

How did you deal with instructing surveys?

A

I found a suitable contractor or surveyor to undertake the work, ensured they were suitabily qualified and experienced.

I discussed the work with them including the risks, obtinaed RAMS from them as well as copies of insurances and other relevant documents.

The majority of the surveys done were low risk.

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19
Q

What is Gross Development Value?

A

It is the esimated value which the finished property or new development would fetch on the open market if sold in the current climate.

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20
Q

What is residual value?

A

Residual value is GDV less costs of development and sale.

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21
Q

Why was the site not suited for office use?

A

Limited parking, not suited to high volumes of traffic, option would not have maximised the value.

22
Q

Why would sales and development costs be higher for two dwellings?

A

Splitting services

Double the number of Kitchens and Bathrooms

Splitting Access

Potentially seperate sales

23
Q

Where did you get your Build Costs from?

A

BCIS and advise from a colleague in Building Surveying

24
Q

What is BICS?

A

Build Costs Information Service

RICS says it is the leading supplier of cost and price information to the construction industry

25
Q

Why were the buildings not suited to industrial use?

A

Physically low ceilings, not suited for car repairs as these require four post lifts.

Traffic and access not suited to industrial levels of traffic.

26
Q

What is pre-app advice?

A

Advice provided by planning officer which outlines how likley the LPA are to determine the application.

27
Q

Does pre-app advice hold any value?

A

Yes it is a good indication of what the planning authority will determine, however it cannot be relied upon.

28
Q

Why did you not advise sale with just positive pre-app advice?

A

It was considered, however pre-app advice is not something broadly understood and is hard to place a value on.

Furthermore is is purely advice, and no formal planning permission.

29
Q

What is outline planning permission?

A

Outline planning applications can be used to find out whether a proposed development is likely to be approved by the planning authority, before substantial costs are incurred developing a detailed design.

Usually used for larger schemes, higher cost than pre-app advice.

Requires a D&A Statement

30
Q

What were the required submissions for pre-app submission?

A
  • Application Form
  • Covering Letter
  • Architects plans
  • Block Plan
  • Location Plan
  • Structural Survey
31
Q

How did you determine the £200k - £300k figure?

A

Based on comparable evidence from the market.

32
Q

Why did you consult a local agent?

A

To provide additional information to aid in the market appraisal of the property and to establish what were important factors to those in the market. Privacy for instance and not being overlooked by other houses. This fed into the design as well.

33
Q

What third party surveys were produced for the full planning application?

A
  • Contamination
  • Arboricultural
  • Structural
  • Ecology
  • Heritage
34
Q

What else was submitted?

A
  • Architects plans
  • Block Plan
  • Location Plan
  • D&A Statement
  • Planning Statement
35
Q

What needs to be included in maps submitted for planning purposes?

A

Ultimately I would always check the validation requirements to find out but usually:

  • Scale
  • North Arrow
  • Legend
  • Copyright
  • Be on an appropriate basemap, OS for instance
36
Q

What was the fee for the full planning?

A

£462

37
Q

What was it for the pre-app advice?

A

£270

38
Q

What could you have advised your client to do if the planning permission expired?

A

Make a material start to the project, if that were not possible then discuss with the planning authority if an extension of time could be allowed.

39
Q

Why was the market for residential property relevant in this case?

A

Because the planning permission allowed for this use and so the end value of the property was based on residential comparables.

40
Q

How else could you have advertised the property?

A

Using a For Sale board, adverts in newspapers, local message boards.

41
Q

How did you conduct the viewings in line with Covid – 19 guidance?

A

We have a keeping safe in Covid 19 guide which was sent to those attending viewings

42
Q

Why proceed with the second highest offer?

A

Not contigent on further planning, less risk for ultimately a very similar level of funding.

43
Q

What does “more proceedable” mean?

A

Quicker to proceed with exchanging contracts, less issues to face with putting finance in place.

44
Q

Did you speak with the other buyers who had made offers and see if their properties had sold?

A

Yes I kept in touch with underbidders in case this sale fell through.

45
Q

The purchaser property has taken a long time to sell, did you consider any other options?

A

Yes I did consider going back to the market to seek another purchaser, I gave the current purchaser a deadline to exchange on his property which was met and so I advise my client to contine with him.

46
Q

What are the time limits for pre-app advice?

A

2 - 6 weeks

47
Q

Who would you have needed to consult if the properyt were curtilidge listed?

A

Historic England through the Listed Building Consent Processs.

Additionally the Heritage officer from the Local Counci.

48
Q

Why did you not just use PD rights?

A

Buildings too large

Class Q not applicable, not agricultural usage.

New build element as well.

49
Q

Why were build costs lower for option A?

A

Informed by BCIS and a colleague in Building Surveying.

The element of new build which joins the buildings reduced the overal build cost per sqft rate.

50
Q

Why was the GDV for two dwellings less than for one?

A

Based on comparable evidence.

The new build glazed link element adds 1000 sqft of space to the building, hence more value.

The market wanted privicy, not shared amenity spaces.

APC / CAAV Revision (26 decks)

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