CPD

Question 1

Explain a key planning proposal set out by the Labour government.

Answer 1

There has been a focus on growth and setting more ambitious housing targets. The government are creating areas known as the grey belt for new development.

Question 2

What is the ‘grey belt’?

Answer 2

Areas within the existing green belt which do not meet the definition points which contribute the purpose of the green belt such as protecting urban sprawl and areas of outstanding natural beauty.

Question 3

What is a S96A NMA?

Answer 3

A S96A NMA (Non-Material Amendment) is a change to a planning permission that doesn’t significantly alter the original proposal, allowing minor adjustments without a full application.

Question 4

What is the new S73b?

Answer 4

The new S73b allows for the modification of a planning permission by changing the condition wording AS WELL AS the main description wording.

As long as it is not ‘substantially different’.

Question 5

What does S38 (6) relate to?

Answer 5

S38(6) of the Planning and Compulsory Purchase Act 2004 relates to the requirement that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

section 38 (6) is undergoing a small
amendment in which National
development management policies
have to be accounted for and not just
the development plan.

Question 6

What happened in the Tesco v Dundee Council case?

Answer 6

In the Tesco v Dundee Council case (2012), the Supreme Court ruled that planning decisions must be made based on the policies in the development plan.

Specific reference to how the ‘tests’ for s106 need to be applied - in this case the the council asked for affordable housing contribution from Tesco.

Question 7

Can S106 agreement be modified?

Answer 7

S106 (a) gives an opportunity for agreements to be modified after 5 years

and

S106 (b) gives an appeal process if section (a) cannot be agreed.

Question 8

Tell me about any proposed changes to viability under the new NPPF consultation.

Answer 8

Introduction of grey belt land.

Annex 4 in regards - changes to BLV. EUV premium as ‘reasonable and proportionate premium’

3 potential proposed strategies:

1. Government sets benchmark land values to be used in viability assessments.
2. Government sets policy parameters so that where land transacts at a price above benchmark land value, policy requirements should be assumed to be viable.
3. Government sets out that where development proposals comply with benchmark land value requirements, and a viability negotiation to reduce policy delivery occurs, a late-stage review should be undertaken