Planning Flashcards
What are they key pieces of Planning Legislation?
The Localism Act 2011
The NPPF (first published in 2012 now on July 2021)
What is the Localism Act 2011
- It includes the following planning rules and initiatives.
- Autonomy at local level
- Promoting big society
- Encouraging housing development
- Neighbourhood to benefit from CIL
- Enforcement powers strengthened
What is the National Planning Policy Framework 2012
 Sets out the governments planning policies for England
- Condensed 1000 pages to 50
- Streamlined the planning process
- Balances economic growth with environmental protection
- LPA to demonstrate five year HLS
- Presumption in favour of sustainable development
- Review of the greenbelt and protection of town centres
Changes to the NPPF July 2021
- Acknowledging the need to address UN sustainable development goals
- Article 4 limited across the nation
- Neighbourhood plan in groups should consider a small/medium allocations
- Sustainable transport mode should be considered when assessing sites
- Efficient use of land
- AONB/NP refused unless exceptional
Explain the process of applying for planing permission?
Flow chart below.
What is the definition of development?
As defined in the Town and County Planning Act 1990 it is -
The carrying out of, building , engineering, mining or other operations, in, on, over or under land or the making of any material changes in the use of any building or land.
What are the two types of planning application? 
- Outline application to establish the principle for development.
- Full application for full consent. 
What are the timescales for an outline planning permission and a full planning permission. 
Outline planning permission - The consent will require the submission of a further application for reserve matters which must be submitted within three years. Once the last reserve matters have been approved there’s usually a two-year period within which development must commence.
Full planning permission usually last for three years from the date of consent. 
What must the planning application include? 
The planning application will include the following:
-  Copies of the completed application form
- The appropriate fee
- Ownership certificate (The freeholder or leaseholder with 7years)
- Agricultural Holding certificate
- Location plan (1:1250) site plan (1:500) and drawing (1:50)
Other information may include:
Flood risk strategy
Listed building/Conservation Apraisal
Heritage statement
Regeneration statement
Sustainability appraisal
Tree survey/landscape Statement
Ecological assessment
A scoping study which sets out the parameters of the site to assist the LPA in deciding if an EIA is required
And EIA to enable the LPA to consider environmental impact of proposals
Planning statement
Design and access statement to describe how the scheme has been arrived at and how it is suitable for the site and surrounding area/context having regard to LPA policy
Access statement to comply with the equality act 2010
Transport assessment
Draft travel pan
Planning conditions
Conditions attached the consent must be reasonable relevant to the development and enforceable. 
When were section 106 agreements introduced?
Introduced under the Town and Country planning act 1990
What is a Section 106 Agreement?
Planning obligations which are set out in a legally binding agreement enforceable by the LPA and our site specific impact related only.
Entered into before the planning consent is granted.
Only items justifiable within the three legal test.
1. Necessity
2. Having a direct relationship to the development
3. Fair and reasonably related in scale and kind of development.
They relate to the various forms of community gain and can be either site-specific works or the payment of a financial contribution to the LPA
They are negotiated on a one-to-one basis taking each development on its merits with no fix charging schedules.
Examples include: Contributing to the cost of a new school community felicities open space. 
What is CIL? 
Community infrastructure levy
CIL is being used by LPAs for offsite payments from developers to raise funds for infrastructure necessary to support development in the area
Calculated upon the square metre of additional floor space
Affordable housing Continues to be covered by S.106
Developers cannot be double charged by CIL and S.106 agreements of the same item.
The proceeds of the levy are to be spent on local sub-regional infrastructure to support the development of the area including road flood defences open space school/education.

Main differences between CIL and S.106? 
CIL football infrastructure necessary to support the development
S.106 Only justifiable if necessary to make the development acceptable in planning terms direct directly related to the development and reasonable in relation to the scale of the development.
CIL cannot be used to secure AFH s.106 can.
CIL by schedule s.106 by negotiation
CIL viability at districtwide level. S.106 Viability undertaken on a case-by-case basis.
Local infrastructure tariff
The government announced in spring 2017 that S.106 and CIL should be replaced with a hybrid system.