Level 3 - Planning

Question 1

What types of listed building are there and what is the act?

Answer 1

Grade 1, 2 star and 2.

Planning (listed building and conservation areas) act 1990

Question 2

What is the over arching planing act?

Answer 2

Town and country planning act 1990

Question 3

What’s permitted development rights? Has it been updated?

Answer 3

Act - permitted development rights 2008 (updated 2015)
Offices to Resi
Now permanent, can demolish buildings
Exception zones valid till 2019

Question 4

What is the starter homes initiative

Answer 4

Sold to those under 40 for 80% the market rate. Moving away from affordable renting to affordable buying

Question 5

What is the definition of development

Answer 5

S55 town and country planning act

The carrying out of building works, engineering, mining or material change of a building on or over land.

Question 6

Who do you serve notice to as part of a planning application ?

Answer 6

Freeholder or leasehold

Question 7

Key points of the NPPF?

Answer 7

Bring forward good quality housing
Town centres - sets out retail impact sequential test
Sustainable development
Reviewing green belt boundaries

Question 8

Localism act 2011

Answer 8

More power to communities
Devolved decision making to local government
Makes consultations mandatory for major applications
Community right to buy means local people can develop bids and take over assets of community value
Example - ruabon community consultation

Question 9

How long do you have to submit reserved matters for an outline app?

Answer 9

Typically 3 years. Then approval lasts a further two so you have up to 5 years before development must commence

Question 10

The building facade is listed but not the interior, do you need permission to change the interior?

Answer 10

Just because part of the building is listed you still have to consider the whole

Question 11

Do you have have to undergo community consultation for all types of app?

Answer 11

Only major development

Question 12

What defines a major planning app?

Answer 12

Over half a hectare

Over 1,000 sq m

Question 13

What are delegated powers?

Answer 13

When the planning officer decides the planning application. If enough complaints are received then the committee decides

Question 14

Key points of the NPPF?

Answer 14

Bring forward good quality housing
Town centres - sets out retail impact sequential test
Sustainable development
Reviewing green belt boundaries

Question 15

Localism act 2011

Answer 15

More influence to communities, devolved decision making to local government, makes consultations mandatory

Question 16

What are the timescales for detaining a planning application?

Answer 16

8 weeks for minor

13 weeks for major (16 if it includes environmental impact statement)

Question 17

S106 vs CIL

Answer 17

S106 (TCPA 1990)

• negotiable
• planning obligations set out by the lpa
• relate to forms of community gain in the form of specific works or payment of financial contribution to the lpa
• examples include cost of more school places, community facility or open space. Example : barnoldswick town centre promotion .

CIL

• based on a tariff system
• aim to speed up s106 and reduce the negotiability of them
• provide framework for developers, more predictability
• affordable housing cover by s106 still
• supports road, transport facilities, schools, medical facilities, open spaces etc.

Question 18

Describe the appeals process?

Answer 18

Can be lodged within six months of the grant of planning consent at the Planning Inspectorate.
Appeals can be heard by
- Written representation – most common form of appeal
- An informal hearing
- Planning inquiry – in the case of longer more complex cases where cross examination may
be required
- Decisions can be called in for determinations by the secretary of state

Question 19

What is a lawful development certificate

Answer 19

Verifies that the existing development is lawful.

Question 20

What is s106 and where have you used it

Answer 20

S106 (TCPA 1990)

• negotiable
• planning obligations set out by the lpa
• relate to forms of community gain in the form of specific works or payment of financial contribution to the lpa
• examples include cost of more school places, community facility or open space. Example : barnoldswick town centre promotion .

Used in barnoldswick, town centre promotion

Question 21

How long does full planning permission last?

Answer 21

Development must start within 3 years

Question 22

What is the main principal with conservation areas

Answer 22

Development must be in keeping with the area.

Question 23

what is the revised NPPF2

Answer 23

NPPF was revised in July 2018

Takes effect from 24th July 2018 for all applications and appeals and applicable to any Plan submitted after 24th January 2019

New standard method for calculating Local Housing Need

New Housing Delivery Test

A comparison of housing delivery over the previous three years vs. housing required against target thresholds

Automatically calculated in November of each year

Viability testing to be made publicly available

Government to intervene if Council does not have 5 year housing land supply.

Question 24

What are the implications if a building does not have planning permission?

Answer 24

The LPA can insist that it is pulled down.

Question 25

How can you check if a site has been affected by contamination?

Answer 25

Instrusive site investigation Contamination register Historical files

Question 26

How does the sequential test work?

Answer 26

Developers look to in town sites - then edge of town - finally out of town.

Question 27

What constitutes development?

Answer 27

Any material change of use. There are exemptions e.g. within Use Classes Order. Is a building operation above, on, under, over land.

Question 28

What are the main use classes?

Answer 28

A1 - retail; A2 - financial retail; A3 - Pub / restaurant; B1 - office; B2 - general industrial; B8 - warehouse; C1 - hotel; C2 - residential institutions; C3 - dwelling houses; D1 - non residential institutions; D2 - assembly / lecture halls.

Question 29

What does Section 54 of the Town and Country Planning Act refer to?

Answer 29

Development Plan led system.

Question 30

How can you appeal a planning decision?

Answer 30

3 methods - written representations (80%), informal hearings (12%), public inquiries (8%).

Question 31

What is twin tracking?

Answer 31

Put in 2 planning applications. Appeal one decision for non-determination after 8 weeks. Meanwhile other application is still lodged.

Question 32

How do you go about making a planning application?

Answer 32

Either detailed or outline (reserved matters). Pay fee, must give notice and publicity. Application is registered - applicant is notified - public consultation 21 days - report to committee - up to total of 8 weeks for decision.

Question 33

How long does a planning permission generally last for?

Answer 33

Specified on PP - often 5 years.

Question 34

Advise a client on a planning permission that only has 6 months life left?

Answer 34

Look at PP. Must begin a material operation. Must check what conditions are present and make sure they are followed. Show that works are part of continuum. Client may need to reapply for PP.

Question 35

What are the standard questions you would ask a planning officer if you were doing a valuation of a property?

Answer 35

If property listed; if is in a conservation area; what is planning use; whether new development proposed; highways proposals.

Question 36

In what circumstances can modern (i.e. less than 30 years old) buildings be listed?

Answer 36

If outstanding quality or under threat.

Question 37

How old must buildings be before they can be listed?

Answer 37

Minimum is 10 years.

Question 38

Roughly what proportion of listed buildings are Grade I?

Answer 38

``` Grade I buildings are of exceptional interest, only 2.5% of listed buildings are Grade I Grade II* buildings are particularly important buildings of more than special interest; 5.8% of listed buildings are Grade II* Grade II buildings are of special interest; 91.7% of all listed buildings are in this class and it is the most likely grade of listing for a home owner. ```

Question 39

What types of planning permission can be granted?

Answer 39

conditional or unconditional

Question 40

What was the purpose of the Bruntland Report?

Answer 40

Sustainable development Brundtland Report. Brundtland Report, also called Our Common Future, publication released in 1987 by the World Commission on Environment and Development (WCED) that introduced the concept of sustainable development and described how it could be achieved.

Question 41

When can planning obligations be used?

Answer 41

1. when necessary 2. relevant 3. directly related to development 4. fair and reasonable.

Question 42

What were the main points dealt with in Cambridge Water Co. Ltd. v Eastern Counties Leather Plc 1994?

Answer 42

Contamination case. Must prove negligence on behalf of owner, and that would have been foreseeable that would have caused damage.

Question 43

What are the main criticisms of the Environment Act 1995?

Answer 43

Difficult to prosecute contaminator

Question 44

What did Blue Circle v MOD 1996 concern?

Answer 44

Compensation for loss of value. Seeping from MOD on to site. Made site impossible to sell.

Question 45

What is article 4 direction?

Answer 45

Requirement for planning permission where activity would normally be permitted under the General Development Order.

Question 46

What is excluded from the Town and Country Planning Act 1990 definition of development?

Answer 46

Changes permitted by Use Classes Order; uses for agriculture / forestry; internal or external works that don't affect appearance.