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. 
Appeals
An appeal against the decision or dangerous condition can be lodged within six months of the grant planning consent at the planning Inspectorate in Bristol.
Appeals can be heard by
- Written statement
- An informal hearing
- Planning inquiry (large complex)
- Secretary of State
Non-determination appeals can be submitted up to 6 months from the date of the application. 
Page 150 Viability?! 
Lawful development certificates? 
Strategy document confirming the use or activity named is lawful for planning control purposes.
Application has to be made the LPA in writing

Use Classes - Town and country planning amendment. 
- Class B industrial
- Class C residential
C1 Hotel
C2 Residential institution
C3  Dwelling - Class E Commercial business and service
- Class F Local community and learning.
- Class F2 for local community use.
Permitted development rights
For some forms of development planning permission is not required.

Local plan creation
Town and country planning (Use Classes) 2020
Came into effect on the 1st of September 2020
The aim is to allow business more flexibility in what are building can be used for.
A new use class E for commercial business and service users to allow change of use between uses.
Can you use class F1 for learning and non-residential institutions
Use class F2 for local community uses
Permitted development rights may not apply in conservation areas AONB and national parks
Written prior approval is usually required from the LPA prior to any change of use in accordance with permitted development rights. The LPA check the impact of the proposed changes on highways flooding contamination risk and impact of noise.

Town and Country Planning (General permitted development)  Order 2021
This order introduced further permitted changes of use most notably permitted development of class MA.
MA introduces the right to change the use of a premises from commercial business or service purposes to use as a dwelling from class E to class C3.
Restrictions apply
-The building must have been continuously vacant for three months
-The building must’ve been in use class for continuous period of at least two years
-The cumulative floor space to be converted cannot exceed 1,500 m2

Enforcement procedures
Enforcement notice against owner occupier
The notice will state the breach of planning controls and the steps to remedy
An appeal must be made before the day on which the notices is to take affect
Any changes in the use of the land and building must’ve existed in excess of 10 years before it can be protected against  Enforcement

Listed buildings
Buildings included in the list under the planning list of buildings and conservation areas act 1990.
They are considered to be of national architectural or historical interest or under threat.
The list is administered by historic England
There are three grades of listing
-Grade one (Building of exceptional interest)
-Grade 2* (Buildings of particular importance)
- Grade 2 (90+ % buildings of special interest)
Six general principles of listing
- age
-rarity
-Selectivity
-National interest
-State of repair
-Aesthetic merit
Listed building consent may be required for any changes/new development
Conservation areas
These areas of special architectural historic interest the character or appearance of which it is desirable to preserve or enhance.
Trees in conservation areas are protected. 
Tree preservation orders
TPOs are recorded in the local land charges register
Opiate of the power to protect trees by making TPAs
It is an offence to cut down lop damaged or destroyed a TPO without first getting written consent from the LPA. Fine of up to 20,000 
Environmental impact assessment EIA
This is a systematic process used to identify environmental effects of a proposed development prior to permission being granted.
Highlights any adverse environmental issues such as flooding ecology or pollution
Demolition
Planning consent is required for the demolition of commercial buildings listed buildings and buildings and conservation areas.
To proceed with demolition an environmental impact assessment is required.
Enterprise zones
 Benefits include business rate discounts, tax breaks and simplified planning.
The aim to encourage growth and create jobs. 
Student rented/HMO accommodation
A class C 4 use Covers HMOs of five or more tenants who form two or more households.
There is no obligation for the landlord to carry out a range of safety measures.
Mandatory licensing is required to multi occupied properties where there are five or more people sharing a property who are not from one household. 
Section 73 town and country planning act. 
The process allows for the LPA to agree to request remove vary or discharge of planning condition following consent. 
Infrastructure act 2015
Amend current legislation to make it easier for emptying redundant buildings to be converted to productive use supporting Brownfield regeneration an Increasing the supply of new  homes
Housing and planning act 2016
Neighbourhood planning act 2017
