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.
What is included within a Pre-application?
- Supporting letter
- A Site Location Plan
- Site Photos
What happens in a Pre-application discussion?
This will typically highlight any likely problems with the scheme and, sometimes, indicate what information will be required alongside a formal application.
How do you sumbit a pre-application request?
Via email?
What are the costs of pre-application advice?
Will differ depending on LPA and type of development.
Minor development approx £400
Small scale major developments approx £1,000.
Large scale major developments approc £1,700
Is pre-applcation discussions confidential?
Yes.
But Freedom of Information Act 2000 may result in someone enquiring for the information.
What are the pros and cons of doing a pre-application?
Pros:
- Can establish if development is acceptable
- Informed what additional information is needed
- Private
Cons:
- Taking a long time atm
- Councils aren’t really doing them in some instances
- Informal, so they can change their mind
What is a section 106 agreement?
Section 106 (of the Town & Country Planning Act 1990).
Planning obligations set out by the LPA in a legally binding contract.
They are site specific.
Either specific works or financial contribution.
Used for AH and local infrastructure requirements as a result of the development.
What is Community Infrastructure levy (CIL)
Used by Local Authorities for off-site payments from developers to raise funds for infrastructure necessary to support development in an area.
LPAs have a charging schedule, which is then applied to sqm of a floorspace.
Aim of CIL is to reduce the negotiation required to complete a S.106 agreement and standardise and speed up the planning approach
How do you calculate CIL?
- Calculate the Internal area in Sq. M
- Deduct any deductible floor space.
- Look up CIL charging rate on Charging Schedule.
- Use the BCIS ‘all in’ Tender Price Index.
- Use the Index from the November before the application was granted.
- Index to the November before today’s date.
What are CIL deductables?
In-use buildings that are to be demolished
(buildings that have been in lawful use for 6 months over the last 3 years)
What is vacant building credit?
Vacant building credit was introduced to promote development on brownfield sites.
It allows the floorspace of vacant (non abandoned) buildings to be offset against the calculations for section 106 affordable housing requirements (whether financial contribution or provision).
Ambiguous as to what vacant and abandoned means. Potentially means not in use for 6 months out of the 3 years.
What is the CIL rate in Chelmsford?
£174.89 per square metre for Residential C3
£209.87 per square metre for Retail A1
£121.73 per square metre for Retail other
What is a Regulations 123 list?
CIL Regulation 123 requires that the Council publish a list of infrastructure projects, which are taken from the Infrastructure Delivery Plan, that CIL funding may be spent on.
Can’t use S106 and CIL for the same projects.
What is the difference between CIL and S106?
What is an Enforcement Notice?
LPA can serve against owner/occupier for breach of planning control.
Details the steps needed to remedy.
What is a Stop notice?
This prohibits the continuation of any activity that is set out in an enforcement notice until the enforcement notice has been complied with.
What is a lawful development certificate?
Will show a building’s current lawful use.
Maybe want to get it for PD, to show correct lawful use.
What is a Listed building?
Buildings considered to be of national architectural or historic interest or under threat.
What governs listed buildings?
Planning (Listed Buildings and Conservation Areas) Act 1990.
List is administered by Historic England.
What are the types of listed building?
Grade I - (Buildings of exceptional Interest)
Grade II* - (Buildings of particular importance)
Grade II - (90% + of all listings- buildings of special interest)
Why are properties listed?
Age
Rarity
Selectivity
National interest
State of repair
Aesthetic merit
What consent do you need to do work to a listed building?
Listed building consent.
It is an offence to carry out works without one.
What is a conservation area?
Areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance.
Are trees protected in a Conservaiton Area?
Yes
What is a tree preservation order?
LPAs have powers to protect trees by making TPO’s.
It is an offence to cut down, lop, damage, or destroy a tree with a TPO without written consent from the LPA.
A fine can be permitted of up to £20,000 or an unlimited fine if taken to Crown Court.
How close can you build to a TPO’d tree?
I would recommend my client seeks advice from an arborcultural consultant to gain a greater understanding.
What is the Green Belt?
A green belt is a policy and land-use zone designation used in land-use planning to retain areas of largely undeveloped, wild, or agricultural land surrounding or neighboring urban areas.
What are the purposes of the greenbelt?
Restricts urban sprawl around built up areas
Prevents towns from merging - coelescence
Safe guards the countryside from sprawl.
Assists in regeneration - prioritises brownfield regeneration.
How can you get a site removed from the green belt?
By getting it allocated in the local plan.
What is an Environmental impact assessment?
Evaluates the environmental effects of proposed development action prior to permission being granted.
What are the different flood zones?
Flood Zone 1
Flood Zone 2
Flood Zone 3 - probability of river flooding more than 1%,
flooding from the sea more than 0.5%
What is a sequential test?
A sequential test is carried out to ensure development is sited on land that has the lowest risk of flooding.
For example, available sites in Flood Zone 1 should be considered above those sites in Flood Zone 2.
A sequential test is often required when the proposed development site is within Flood Zones 2 or 3.
What is the Exception Test?
The exceptions test looks at the safety of the site and must demonstrate that the development will be safe from flooding for its lifetime, and that it will not increase flood risk elsewhere.
The exceptions test should also show that the benefits of the proposal outweigh the risks associated with building in an area at risk of flooding.
Can you develop in Flood Zone 3?
Only water compatible and less vulnerable uses can be built.
i.e. police, aumbulance and fire stations which are not required to be operational during flooding.
Shops, financial, professional and other services
What is a Rural Exception Site?
Rural exception sites are sites for affordable housing development in rural locations where market housing would not normally be acceptable because of planning policy constraints and are therefore an exception to policy.
The homes will affordable in perpetuity.
What is Affordable Housing?
Housing for sale or rent, for those whose needs are not met by the market
What are the three types of Affordable Housing?
- Social Rent
- Affordable Rent
- Intermediate
What is Social Rent?
- Provided by local authorities and some RPs.
- Rent is set at a level dictated by the national rent regime.
- The most affordable at approx 55% of private rents.
- Includes provisions to remain as AH
What is Affordable Rent?
- Provided by LPAs & RPs
- Subject to a control that requires the level to be no more than 80% of local market rent.
- Provisions to remain at an affordable price for future eligible households, or for the subsidy to be recycled for alternative affordable housing provision.
What does Intermediate Affordable Housing Include?
- Discounted Open Market
- Shared Ownership
What is Shared Ownership?
Scheme enables households to buy a share in property (usually between 25% - 75% of the home’s value).
A subsidised rent is paid on the remaining share held by the RP, with the ability to purchase additional shares.
What is HTB?
Equity loan of up to 20% or 40% if London.
Need 5% deposit.
Homes up to £600k London / £400k East
Being phased out - ending March 2023
What is First Homes?
Discounted market sale by min 30%.
After discount, price can be no higher than £250k / £420k london.
Need an annual household income of less than £90,000 in London (and £80,000 across the rest of the country)
First Homes should account for at least 25% of affordable housing units delivered by developers through planning obligations, chiefly through Section 106.
Starting to be rolled out.
What were Starter Homes?
They were introduced to be 20% of OMV.
And were to comprise 20% of a development, the plan was recently abolished, having never actually developed any homes
Starter Homes (£250,000 and £450,000 in London)
Age restriction up until 40 years.
