OTHER Flashcards
What is the key Planning legislation?
National Planning Policy Framework
Localism Act 2011
Town and Country Planning Act 1990
What is the NPPF?
Last revised in 2019
Provides a national framework that local authorities then prepare their Local Plans in line with.
Key policies in 2018 edition include:
- Speeding up planning process and making it more simple
- Increased housebuilding of a higher quality
- Encourage Build to Rent and affordable housing
- A review on land banking by putting pressure on developers
What is the definition of development?
It is set out in the Town and Country Planning Act 1990
The carrying out of building, engineering, mining or other operations in, on, over or under land – or the material change of any use.
What do you need to include in a planning application?
Application form Fee payment Location plan @ 1:1250 or 1:2500 Site plan @ 1:200 or 1:500 Drawings @ 1:50 or 1:100 Design and Access statement EIA Draft travel plan
What are typical planning application timescales? Where does it vary?
Determination: 8 weeks from validation
Varies: extended to 13 weeks for major applications and 16 weeks if the application includes an EIA
Have 3 years to implement once granted.
What are CIL and S106? What are the differences?
CIL - Set tariffs per sqm pooled for wider LA infrastructure. Charging schedule on LA website. Cannot be used to secure affordable housing. Only charged on net increase in GIA sqft.
S106 - section in the Town and Country Planning Act 1990).) Set out in a legally binding agreement that is negotiated on a site-by-site basis. Must be in direct relation to the development and its immediate area. Can be used to secure affordable housing.
In what scenario is a planning consent always required for change of use?
If the current use is ‘sui generis’ and if there is an Article 4 Direction
What is the Infrastructure Act 2015?
Makes it easier to convert empty or redundant buildings to productive use, particularly new homes.
Enables surplus public sector land to be sold more quickly by reducing red tape.
What is the Housing a Planning Act 2016?
Aims to increase the construction of starter homes.
Neighbourhood Planning Act 2017?
Aims to strengthen neighbourhood planning and speed up with planning process to enable more houses to be built.
What is a License?
A legal right to something, where the party has no interest in the property e.g. a Right to Parking
What are the 4 requirements of a lease?
- Exclusive occupation
- Payment of rent
- A specified term
- If term more than 3 years – terms must be in writing and registered as a Deed
What is the 1954 Landlord and Tenant Act?
- Regulates the relationship between landlord and tenant
- Gives security of tenure to a tenant, continuation of tenancy even when the contractual term ends (s.24)
- Gives the tenant the right to apply for the grant of a new lease.
Why might you contract out of the 54 Act?
Landlord doesn’t want tenant to have security of tenure / right to renew
Tenant must sign a declaration stating they understand the implications of contracting out
What are the notices under the 1954 Act?
s. 24 – tenancy will continue unless LL or T serves notice
s. 25 – termination by the LL
s. 26 - T request new tenancy
s. 27 - termination by the T
s. 25 and s.26 are mutually exclusive – cannot be served if the other has already been.
