Level 3 - Planning Flashcards
What types of listed building are there and what is the act?
Grade 1, 2 star and 2.
Planning (listed building and conservation areas) act 1990
What is the over arching planing act?
Town and country planning act 1990
What’s permitted development rights? Has it been updated?
Act - permitted development rights 2008 (updated 2015)
Offices to Resi
Now permanent, can demolish buildings
Exception zones valid till 2019
What is the starter homes initiative
Sold to those under 40 for 80% the market rate. Moving away from affordable renting to affordable buying
What is the definition of development
S55 town and country planning act
The carrying out of building works, engineering, mining or material change of a building on or over land.
Who do you serve notice to as part of a planning application ?
Freeholder or leasehold
Key points of the NPPF?
Bring forward good quality housing
Town centres - sets out retail impact sequential test
Sustainable development
Reviewing green belt boundaries
Localism act 2011
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
How long do you have to submit reserved matters for an outline app?
Typically 3 years. Then approval lasts a further two so you have up to 5 years before development must commence
The building facade is listed but not the interior, do you need permission to change the interior?
Just because part of the building is listed you still have to consider the whole
Do you have have to undergo community consultation for all types of app?
Only major development
What defines a major planning app?
Over half a hectare
Over 1,000 sq m
What are delegated powers?
When the planning officer decides the planning application. If enough complaints are received then the committee decides
Key points of the NPPF?
Bring forward good quality housing
Town centres - sets out retail impact sequential test
Sustainable development
Reviewing green belt boundaries
Localism act 2011
More influence to communities, devolved decision making to local government, makes consultations mandatory
What are the timescales for detaining a planning application?
8 weeks for minor
13 weeks for major (16 if it includes environmental impact statement)
S106 vs CIL
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.
Describe the appeals process?
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
What is a lawful development certificate
Verifies that the existing development is lawful.
What is s106 and where have you used it
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
How long does full planning permission last?
Development must start within 3 years
What is the main principal with conservation areas
Development must be in keeping with the area.
what is the revised NPPF2
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.
What are the implications if a building does not have planning permission?
The LPA can insist that it is pulled down.
How can you check if a site has been affected by contamination?
Instrusive site investigation
Contamination register
Historical files
How does the sequential test work?
Developers look to in town sites - then edge of town - finally out of town.
What constitutes development?
Any material change of use. There are exemptions e.g. within Use Classes Order. Is a building operation above, on, under, over land.
What are the main use classes?
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.
What does Section 54 of the Town and Country Planning Act refer to?
Development Plan led system.
How can you appeal a planning decision?
3 methods - written representations (80%), informal hearings (12%), public inquiries (8%).
What is twin tracking?
Put in 2 planning applications. Appeal one decision for non-determination after 8 weeks. Meanwhile other application is still lodged.
How do you go about making a planning application?
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.
How long does a planning permission generally last for?
Specified on PP - often 5 years.
Advise a client on a planning permission that only has 6 months life left?
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.
What are the standard questions you would ask a planning officer if you were doing a valuation of a property?
If property listed; if is in a conservation area; what is planning use; whether new development proposed; highways proposals.
In what circumstances can modern (i.e. less than 30 years old) buildings be listed?
If outstanding quality or under threat.
How old must buildings be before they can be listed?
Minimum is 10 years.
Roughly what proportion of listed buildings are Grade I?
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.
What types of planning permission can be granted?
conditional or unconditional
What was the purpose of the Bruntland Report?
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.
When can planning obligations be used?
- when necessary 2. relevant 3. directly related to development 4. fair and reasonable.
What were the main points dealt with in Cambridge Water Co. Ltd. v Eastern Counties Leather Plc 1994?
Contamination case. Must prove negligence on behalf of owner, and that would have been foreseeable that would have caused damage.
What are the main criticisms of the Environment Act 1995?
Difficult to prosecute contaminator
What did Blue Circle v MOD 1996 concern?
Compensation for loss of value. Seeping from MOD on to site. Made site impossible to sell.
What is article 4 direction?
Requirement for planning permission where activity would normally be permitted under the General Development Order.
What is excluded from the Town and Country Planning Act 1990 definition of development?
Changes permitted by Use Classes Order; uses for agriculture / forestry; internal or external works that don’t affect appearance.
