Planning

Question 1

What are the key legislation surrounding planning in the UK

Answer 1

National Planning Policy Framework 2023

General Permitted Development (England) Order 2015 (as amended).

Town and Country Planning Act 1990

Question 2

What would you require before submitting a planning application

Answer 2

Design and Access Statement
Justification report
Appropriate fee paid
Site Plan
Location Plan
Drawings
Heritage Impact Assessment
Ecological Impact Assessment
Flood Risk Assessment
Highways Assessment
Supporting documents

Question 3

What forms of planning application are there

Answer 3

Full Planning
Prior Approval
Permitted Development

Question 4

What is permitted development

Answer 4

Permitted Development is where people can apply for certain forms of development / change of use without the need for planning permission. Also known as permitted development rights.

Question 5

What can you tell me about BNG with regard to planning applications

Answer 5

As of 12th February 2023 BNG is mandatory for all new planning applications under sch 7a TCPA

Developers must deliver at least 10% unless the development is exempt.

What might be exempt?
Small resi development less than 0.5Ha or between 0-9 dwellings.

Hose holder projects such as extensions

Self build applications

NSIPs - But will become mandatory from November 2025

Question 6

What is Class Q and the rules for applying

Answer 6

Change of use from an agricultural building to a residential dwelling

• Maximum floor space of 3 larger dwelling cannot exceed 465m2
• 5 small dwelling of no more than 100m2 each
• Combination of one 465m2 dwelling and four 100m2 dwellings

Question 7

What is Class R and the rules for applying

Answer 7

PD Right

Change of use of an agricultural building to a commercial building

• Maximum floor area - 500
• Must have been used for agriculture for a minimum of 10 years
• Less than 150m2 no need for prior approval application
• More than 150m2 must submit a prior approval application

Question 8

Are you aware of any recent changes in the planning system

Answer 8

Permitted development
NPPF updated in 2023
BNG

Question 9

What are some of Shropshire Councils planning policies?

Answer 9

CS5: states that development proposals on appropriate sites
which maintain and enhance countryside vitality and character will be permitted
where they improve the sustainability of rural communities

CS13: says
that particular emphasis will be placed on recognising the continued importance of
farming for food production and supporting rural enterprise and diversification of the
economy

SAMDeV
MD7b: indicates planning applications for agricultural development
will be permitted where it can be demonstrated that the development is of a
size/scale and type which is consistent with its required agricultural purposes and
the nature of the agricultural enterprise

Question 10

When was the NPPF last updated

Answer 10

September 2023

Question 11

What is a CIL?

Answer 11

Community Infrastructure Levey

A charge from LPAs to Developers which will be used to improve the infrastructure to sustain the developments.

Question 12

What is a s.106 agreement

Answer 12

Allows LPAs to enter into a legally binding agreement or planning obligation with a landowner as part of the granting of planning permission.

The aim of a s.106 agreement is to ensure developments are acceptable in planning terms. For example ensuring developers have provisions for service infrastructure such as highways, education and affordable housing.

Question 13

What are you basis of fees for planning applications?

Question 14

How would you advise a client if they asked for advise for erecting a new farm building?

Answer 14

Questions to be asked:
- Why do you need a new building
- How large
- Are you in a designated area
- When did you last use your PD rights on the farm
- Full planning or Permitted Development (Class A, Part 6)

Question 15

What is included in the Justification Report

Question 16

What is included in the Design and Access Statement

Question 17

What are the timescales after submitting a planning application

Answer 17

Submit
Validation
Decision - 8 weeks after validation

Question 18

What are the timescales after applying for permitted development

Answer 18

The LPAS have 28 days from acknowledging the PD application to make a decision

Question 19

What can you tell me about adverse possession

Answer 19

Adverse possession is where someone who has been accessing a block of land for over 10 years claims the title.

Question 20

Where can you not apply for PD

Answer 20

Listed Buildings
SSSIs
Conservation Areas

Question 21

What is the NPPF

Answer 21

The NPPF sets out the Governments economic, environmental and social planning policies for England.

The policies set out apply to the preparation of local and neighbourhood plans

The NPPF was last updated in September 2023.

Question 22

Are you aware of any changes with the GPDO coming into force?

Answer 22

As from the 21st May 2024:

Class Q
- Max floor space for an individual dwelling will be reduced from 465m2 to 150m2
- Max number of dwellings increased from 5 to 10
- Max combined floor area increased from 865m2 to 1000m2

Class R
- Max floor space increased from 500m2 to 1000m2

P6 Class A
- Floor Area increased from 1,000m2 to 1,500m2

Question 23

What is a LPA Housing Strategy

Answer 23

A report that sets out the overall current and future housing needs of particular groups within communities

Ensuring there is enough housing supply.