Planning Flashcards
What are the types of planning permission?
- Outline application
- Permission in principle
- Full application
What is an Outline planning permission?
The consent will require the submission of a further application for reserved matters which must be contained in the subsequent detailed application within 3 years.
Once the last reserved matters have been approved there is usually a 2-year period within which development must commence
What is required for a reserved matters application?
Reserved matters that might be the subject of further applications once outline planning consent has been obtained can now include:
- The layout of buildings within the proposed development.
- The precise height, width and length of individual buildings.
- The appearance of buildings.
- Access to and within the site for vehicles, cycles and pedestrians.
- Landscape proposals.
What is Permission in Principle?
The permission in principle consent route is an alternative way of obtaining planning permission for housing-led development which separates the consideration of matters of principle for proposed development from the technical detail of the development
What is a full planning permission?
Full planning permission usually lasts for 3 years.
The conditions attached to the planning consent must be reasonable.
What is included in a planning application?
- Application form
- Application fee
- Ownership certificate
- Location Plan (1:1250 or 1:2500).
- Site Plan (1:500 or 1:200).
- Drawings 1:50 or 1:100 to include floor plans, sections and elevations.
What are typical planning application fees?
Full application for new dwelling houses:
- Not more than 50 houses: £462 per house
- More than 50 houses: £22,859 + £138 for each additional house in excess of 50 (max fee £300k)
What are validation requirements?
These are documents that must be submitted for an application to be accepted.
National set list, but LPAs can ask for specific things.
What are some validation requirements for Chelmsford?
Tree information
Flood Risk Assessment
Site Sections
Design and Access
What are the stages for deciding a planning application?
- Submission
- Validation
- Publication / Consultation
- Considered by officer / committee.
- Decision
What are the timescales for a planning application?
8 weeks – minor
13 weeks – major
16 weeks – major with EIA
What is considered a Major development?
10+ units
1 + hectare
1000 sq. m. floor space
What are the options if planning is refused?
An appeal against a decision or an onerous condition can be lodged within 6 months with the planning inspectorate.
What points can you appeal a planning decision on?
- A planning application refusal.
- Planning conditions attached to a permission.
- Non determination if you have not received a decision within the statutory time period.
How can appeals be heard?
Appeals can be heard by:
- Written statement (the most common form).
- An informal hearing.
- Planning inquiry (for large or complex schemes).
- If an appeal is dismissed it can be challenged in the high court on a point of law.
What is a Judicial review?
A review of the lawfulness of the way a decision was made by a public body i.e. they misinterpreted policy
Anyone with sufficient interest in the matter can claim.
6 week window to JR after planning has been granted.
What are planning conditions?
Planning conditions are provided within the decision notice for a planning permission.
They need to be adhered to and some discharged prior to commencement of development e.g. drainage plans or landscaping and materials.
What are pre-commencement conditions?
Conditions which must be satisfied prior to starting work on site.
i.e. submitting details of materials to be used.
What would you likely see as planning conditions?
- when planning must commence
- development needs to be carried in accordance with the plans and conditions
- details of materials must be provided
What are some examples of onerous conditions?
Ecology
Archaeological
Is planning consent needed for demolition?
It depends on the type of building and its size - would speak to a Planner
What is a non-material amendment?
No definition - very small change.
Removes the need for an entirely new planning.
Granted an application under section 96A of the Town and Country Planning Act 1990.
No new application.
What is minor non-material ammendment?
Non definition - small change to nature of development.
An application can be made under section 73 of the Town and Country Planning Act 1990 to vary or remove conditions associated with a planning permission.
Creates a new application.
Applicant can decide whether to use old or new.
Can non-material amendments be used on listed buildings?
No.
What are material considerations?
A material consideration is a matter that should be taken into account in deciding a planning application or on an appeal against a planning decision.
What are some examples of material considerations?
Design
Parking
Unit mix
Traffic
What is a planning appraisal?
A starting point for many developers to establish the planning potential of a site
Provides advice on what policies are relevant.
What is a Pre-app?
Seeks to understand the opinion of the LPA of the principle of that development.
After meeting LPA will send a written letter.
Not binding but gives an opinion as to what the council is looking for and any relevant documents they would require.