Planning Flashcards
Describe your knowledge of the Town and Country Planning Act?
- REGULATES DEVELOPMENT of land in England and Wales.
- covers areas such as a. PLANNING AUTHORITIES
b. CONTROL OF DEVELOPMENT
c. STATUTORY UNDERTAKERS
d. HIGHWAYS - Key Sections Include
s.55
s.73
s.78
s.106
Describe your knowledge of the Neighborhood Planning Act (2017)?
- Empowers local communities and strengthens neighborhood planning.
- Aim is to free up more land and speed up planning process.
- Neighbourhood development plans have full legal effect at earlier stage.
- Decision makers must take these plans into account during decision making process.
- Helps local communities steer and control development in their neighbourhood.
Describe your knowledge of the Development Management Order?
Consolidates & amends DM procedures in England.
Key Areas:
1. Pre-app consultation
2. Applications
3. Consultation
4. Determination
5. Appeals
6. Local Development Orders & Certificates of Lawful Use.
7. Monitoring
Describe your knowledge of the legislation around Listed Buildings?
- Relevant legislation is Planning (Listed Buildings and Conservation Areas) Act 1990
- Three grades of listing and six general principles of listing.
- Listed building consent may be required for any changes / new development.
- Offence to carry out works without prior listed building consent.
- Can be delisted by SoS if no longer meets criteria.
- Owners can oppose listing by applying for judicial review / de-listing procedure.
Describe your understanding of the aims of the National Planning Policy Framework?
- Introduced presumption in favour of sustainable development.
- Encourages LPA to plan positively and approve if possible.
- Other core principles include (BSDRR):
a. Balancing economic growth w/ environmental protection.
b. Streamlining planning process.
c. Devolving power to local level.
d. Return to local plan system.
e. LPA’s requirements to demonstrate 5-year housing supply.
Describe your knowledge of limitations placed on land and buildings in a conservation area?
- Trees in conversation areas are protected.
- Planning consent is required for demolition of buildings.
- New development should be in keeping with the area.
- Some PDR’s not applicable and others can be removed via Article 4 directions.
PLUCKLEY
- Talk me through the contents of your terms of engagement for this instruction?
PLUCKLEY
- Talk me through how you went about this instruction and what information you sourced?
- Checked competence / independence.
- Undertook desktop inspection.
- Reviewed title information and title plan.
- Conducted ext & int inspection.
- Reviewed planning history of SP and area.
- Reviewed Policy Map:
a. Flood Risk - Zone 1
b. TPO - None
c. Listed Building - Grade II listed Dering Arms Inn - far enough away that I considered it had no material impact on development potential.
d. Allocation - not affected, sits just outside of identified settlement area.
e. Reviewed local plan (Ashford - Adopted 2019)
f. Reviewed Housing Delivery Test (119%).
g. No CIL regime
h. Sits just outside of informal Pluckley Station Boundary
PLUCKLEY
- Talk me through the planning history of the site?
- Prior approval application (2018) for demolition of coal store office and shed. Prior approval was not required.
- Nearby Planning Permissions:
a. Outline 2016 for 25 dwellings.
b. Reserved matters 2017
c. More recent 6 unit scheme outside of settlement boundaries.
PLUCKLEY
- Talk me through the Local Plan Policies for the Local Authority that this site was subject to
Relevant Policies:
HOU3a - Residential development of an appropriate scale acceptable in confines of identified settlements. Incl. Pluckley Station (site sits just outside)
HOU5 - Proposal for residential development adjoining / close to existing confines of certain settlements is acceptable. (Pluckley included, Pluckley station is not.)
- HOU5 Residential development elsewhere in the countryside will only be permitted in particular circumstances meeting an essential rural need, re-use of redundant buildings, or a building of exceptional quality or innovative design.
- Affordable Housing - Schemes of 10 dwellings + will require 40% AH.
- New employment development only to be permitted if essential.
- No active CIL regime so any s.106 obligations will be development specific.
PLUCKLEY
- What advice did you give to your client on the most effective route for them to gain planning permission?
- Highlighted lack of PD rights.
- Advised pre-app could improve confidence in what would be acceptable & reduce risk.
- If in conservation area would recommend Full Application.
- Outline less costly as less information required as only approving principle of development.
Pluckley
- What advice did you give to your client on the potential mix of commercial and residential units to enable planning permission?
Character of Area:
- Residential
- Open Countryside
Planning Policy:
- New development only permitted if essential.
KINGSTON
- Talk me through the contents of your Terms of Engagement for this instruction?
- My role is as an internal surveyor.
- We do not provide ToE for internal instructions.
- If I was acting as a private surveyor I am aware that you would highlight:
- Fees and when they are payable
- The services being provided and by who
- Complaints handling procedure
- Money laundering requirements
- Timescales
- Key contacts
- Identity of Client
KINGSTON
- Talk me through how you went about undertaking this instruction?
- INSTRUCTION
- CIT
- Review Planning Documents
- Noted site allocations
- Highlighted relevant policies.
- Issued report to key stakeholders.
7.Teams meeting (rolling) - Summary email.
- Issued response on NR letterhead.
Kingston
- Talk me through the advice you gave your client regarding the safeguarding of your client’s freight sites?
- Advised no policies directly safeguarding rail sites from agent of change requirements.
- Advised client could become responsible for mitigating impact of existing noise activities.
- Advised this could prejudice operations.
- Recommended official response to mitigate.
Kingston
- Talk me through how you responded to the consultation?
- Collated Stakeholder responses.
- Responded via formal letter.
- Highlighted strategic importance of freight sites.
- Recommended that sites should be expressly safeguarded (National & London Plan Policy).
Kingston
- Talk me through how you managed your internal stakeholders to ensure compliance with the timescale of the consultation?
- Issued Report
- Rolling Meeting.
- Highlighted key dates.
- Followed up with Stakeholders.
Can you give me an example of where you have submitted a planning application for a client?
I have not submitted a planning application for my client however I am aware of the types of planning application, the key information included, what to consider prior to submitting a planning application and the timelines associated with them.
BIRCHINGTON
- Detail the advice you gave to your client regarding the recommendation for a pre-application report
- Pre-app reduce planning risk and support principle of development.
- Advised they would need to provide info on proposal. EG Description / Site Layout Plan / Sketch Drawings.
- Advised more info provided, more detailed advice provided by LPA.
- Recommended Planning Colleague draft planning statement to support.
- Advised on cost (9 units = £431)
BIRCHINGTON
- Detail the advice you gave to your client as a result of the design and access statement you would have had commissioned?
- Advised D&A statement / Planning Statement submitted.
- Handled by planning colleague.
- Aware that D&A statements have regard to:
a. Policy
b. How scheme has been arrived at
c. Suitability
BIRCHINGTON
Detail the advice you gave to your client to mitigate noise pollution?
- Noise assessment required as part of planning application.
- NA would inform design process (thickness of windows).
Birchington
Detail the advice you gave to your client to mitigate planning risk?
- Pre-app
- Conform to planning policy as much as possible.
- Highways report undertaken to investigate access issues.
Birchington
Detail the advice you gave to your client as a result of your work on the Local Authorities Housing Delivery Test?
- Thanet District Council had only met 78%
- Considered this would be beneficial in supporting residential.
- If fell below 75% for 3 years would be under presumption of sustainable development.
TPO Southwark
- Talk me through your advice to your clients on the likely success of their ambition to gain residential consent on this site?
- TPO material consideration during PA process.
- Would not automatically prevent development.
- Impart more risk and reduce likelihood of success.
- Adjacent property overturned at appeal.
TPO Southwark
- Detail the advice you gave to your client after discussion with stakeholders, including planning officers and other professionals?
- Advised we procured arboriculturist.
- Advised TPO status could restrict operations.
- Report advised only 3 trees worthy of TPO.
- Recommended submit objection.
- Advised we would have 3 minutes to address the committee.
- Once confirmed, advised no further right of appeal to SoS.
- Advised they could apply to High Court under certain conditions related to point of law.
- Advised they had 6 weeks to do this and recommended they sought further legal advice.
TPO Southwark
- Detail the advice you gave to your client in relation to the loss of woodland and the UK Governments commitment to Net Zero?
- Infected with sooty bark disease
- TPO worthy trees were included within the scheme
- If worthy would encourage them to incorporate within design.
TPO Southwark
- What advice would you give to your client if they wish to object to a TPO order?
- Right to remove protected trees when operational need as per Tree Preservation Regulations 2012.
- Recommend they procure arboriculturalist to support objection.
- Suggest clients Ecology team could support objection.
- Advise on timelines and right of appeal.
TPO Southwark
- What advice did you provide to your client as a result of the report from the arboriculturist?
- Advised three trees were worthy of TPO status.
- Remaining trees diseased or of poor stock.
- Strong position to object.
- Advised on neighbouring application.
What are the different types of Planning Application?
- Outline Planning Application which establishes the principle for development. Requires a further application for reserved matters.
- Full application - for full consent.
What are the timescales associated with planning consent?
Outline Planning Permission has 2 timescales.
- Consent will require submission of a further application for reserved matters within 3 years.
- Once reserved matters approved 2 years until development must commence.
Full Planning Permission
1. Usually last 3 years.
-
Talk me through what you would undertake prior to submitting a planning application?
- CIT
- Understand client objectives
- Establish all details relating to the property and proposed development.
- Establish planning issues (flood risk / noise) / designations / requirements (EIA)
- Check highways and access
- Check services
- Check environment - contamination, TPO, Ecology
What information would you include within a planning application?
- Copies of completed application form.
- Fee
- Ownership certificate
- Location / Site plan
- Drawings (floor plans / sections / elevations).
- Flood Risk Strategy
- Regeneration Statement.
- Sustainability appraisal
- Tree survey / landscape statement
- Ecological assessment.
- Environmental impact statement
- Supporting planning statement.
- Design & Access statement.
- Transport assessment
- Travel Plan
- Transport Assessment.
What are the timescales associated with determination?
Normal - 8 weeks from validation
Major - 13 weeks for major (16 if EIA required).
Planning Officers can seek to extend this on a voluntary basis.
Can appeal for non-determination up to 6 months from date of the application.
How long can you appeal against a planning decision?
- Can appeal decision or onerous condition within 6 months of the grant of planning consent.
What methods of appeal are there?
- Written Statement
- Informal hearing
- Planning inquiry
- SoS
What RICS guidance are you aware of for planning?
RICS Professional Standards:
- Financial Viability in Planning: Conduct and Reporting (2019)
- Assessing Viability in Planning under the NPPF 2019 for England (2021)
What is a statutory undertaker?
Agency / Company that is licenced to undertake certain development / highway works
What is a s.278?
Highways Act 1980
- Allows developer to enter agreement with LA to alter / improve public highways.
What is S.106?
- Planning Obligations set out in a legally binding agreement.
- Introduced under T&C Planning Act 1990.
- Relate to site specific impact only.
- Can be specific works or financial contribution.
- Negotiated on a one-to-one basis.
- Enforced by the LPA
- Must be entered into prior to grant of consent.
What are some examples of S.106
Contributing to cost of new school or open space.
When is an S.106 justifiable?
Justifiable under three legal tests:
- Necessity
- Directly related to development
- Reasonable in relation to scale of development.
What is CIL?
Off-site payments based on a charging schedule to raise funds for infrastructure required to support development in area.
How does one initiate CIL procedures?
With an Assumption of Liability Notice
What is CIL based on?
A charging schedule related to size or change in size of a development.
Based on net floor space.
What is the aim of CIL?
- To reduce considerable negotiates required to complete S.106
- To standardise and speed up planning approach.
Would affordable housing be covered by CIL or S.106?
S.106
Can developers be double charged with CIL and S.106
- Not for the same item
- Both charges can be levied for different item
What are the proceeds of CIL spent on?
Infrastructure e.g. roads, transport, flood defences, schools…
What Regulations cover CIL?
Community Infrastructure Regulations 2015 & 2019
What are the main differences between CIL and s.106 Planning obligations?
What it can be spent on:
CIL = infrastructure
S.106 = Necessary / Related / Reasonable
Affordable Housing:
S106 YES
CIL NO
Charge Type:
CIL = Charging Schedule covering whole area
S106 = Site Specific
Agreement Type:
CIL = Tariff Charging
S.106 = Negotiation
Viability:
CIL = tested at district-wide level.
S106 = Case by Case
What is S.55 of the T&C Planning Act 1990?
Defines Development which is…
The carrying out of Building / Engineering / Mining / or Other Operations
in / on / over / under land.
or making the material change in the use of any buildings or other land.
What is development defined as in the T&C Planning Act 1990?
The carrying out of Building / Engineering / Mining / or Other Operations
in / on / over / under land.
or making the material change in the use of any buildings or other land.
What does s.73 of the T&C Planning Act 1990 provide?
Process allows LPA to agree to request to remove / vary / discharge a planning condition following consent.
What is a lawful development certificate?
- Statutory document confirming the use or activity is lawful for planning control purposes.
What are the time limits for taking enforcement action in a case of suspected breach of planning control?
Operational Development - 4 years
Change of use of building to single dwelling house - 4 years
Breach of planning control - 10 years
What is a stop notice?
- Notice prohibiting continuation of activity
What is your understanding of the T7C Planning (Use Classes) Regulations 2020?
- Overhauls 1987 use classes order
- New Use Class E for commercial / business and service users.
- New Use Class F1 for learning and non-residential institutions
- New Use Class F2 for local community uses.
Do permitted development rights apply in Conservation Areas?
May not apply
What are some key use classes for your role?
Class B - Industrial
- B2 General Industrial
- B8 Storage or Distribution
Class C - Residential
C3(a) - single family home
C3(c) - up to 6 people in a single home
C4 - HMO
Class E - Commercial, Business and service
- E(a) Display / sale of goods excl. Hot Food
- E(b) Sale of food and drink for consumption on premises
Class F - Local Community & Learning
What is your understanding of T&C Planning (GPD) Order 2021 amendment?
- Introduced a few further permitted changes of use
- Class MA most notable and introduces the right to change the use from Class E to C3
What restrictions exist to Class MA GPD rights?
- Previously must have been vacant for atleast 3 months and limited to 1,500sqm (NOW REMOVED)
- Building must have been in CLASS E use for 2 year period prior to applicaiton.
What legislation dictates permitted development?
- T&C Planning (GPD) Order 2015
- Amended several times, most recent is 2021.
What is an Article 4 Direction?
- Issued by LPA where control over development required.
- Commonly applied to conservation areas.
- Removed PDR’s
- Compensation may be payable.
What fines are there if someone acts in contravention of a TPO?
Magistrates Court - Fine up to £20,000
Crown Court (Serious Offence) - unlimited fine.
What is an environmental impact assessment?
- Process used to evaluate effects of proposed development on environment.
- Undertaken prior to permission being granted.
- Can highlight adverse environmental issues, such as flooding, ecology, pollution.
Can you demolish a building without planning permission?
- Yes - BUT
- Planning consent required for demolition of commercial buildings, listed buildings and buildings in Conservation Areas.
- Case Law is Save Britain’s Heritage v Lancaster City Council (2011)
- EIA is required for demolition.
What is your understanding of the Infrastructure Act 2015?
- Legislation supports brownfield regeneration and increase the supply of new homes
- Reduced red tape enabling surplus and redundant public sector land to be sold.
- Introduced deemed discharge provision on planning conditions.
What is your understanding of the Housing and Planning Act 2016?
- Provides SOS more powers to intervene in LPA
What legislation covers listed buildings?
Planning (Listed Buildings and Conservation Areas) Act 1990
Who maintains the listed building list?
- Maintained by Department for Levelling Up
- Administered by Historic England
What are the three grades of listing?
Grade 1 (Exception interest)
Grade 2* (Particular importance)
Grade 2 (Special Interest
What are the six general principles of listing?
- Age
- Rarity
- Selectivity
- National Interest
- State of repair
- Aesthetic merit
How can a building be de-listed?
- By SoS if no longer meets criteria
- Owners can apply for judicial review
- Owners can undertake de-listing procedure.
What is a conservation area?
Area of special architectural or historic interest where the character or appearance is desirable to preserve or enhance.
What is presumption in favour of sustainable development?
- Development proposals that accord with development plans should be approved.
- Where no relevant plan / policies out of date permission should be granted unless:
- Adverse impacts would significantly outweigh the benefits when assessed against
- Clear reason to reject due to NPPF policies related to protected areas / buildings.
What is the agent of change principle?
Places responsibility for mitigating impacts from existing noise-generating activities or uses on the proposed new noise-sensitive development.
LAYMANS
Captures the idea that those introducing a change should manage the impact
What is sensitive development?
Any building occupied by people on a regular basis.
