Planning Flashcards

1
Q

What is an outline application?

A

An application for outline planning permission allows for a decision on the general principles of how a site can be developed. Outline planning permission is granted subject to conditions requiring the subsequent approval of one or more ‘reserved matters’.

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2
Q

What is a full planning application?

A

An application for full planning permission results in a decision on the detailed proposals of how a site can be developed. If planning permission is granted, and subject to compliance with any planning conditions that are imposed, no further engagement with the local planning authority is required to proceed with the development granted permission, although other consents may be required.

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3
Q

What is a hybrid application?

A

A hybrid planning application may seek outline planning permission for one part of a site and full planning permission for another part of the same site under a single application.

Hybrid applications are not defined in statute and as such, it is the LPA’s discretion whether to accept such an application.

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4
Q

What is the NPPF?

A

The National Planning Policy Framework is a land-use planning policy in England. It sets out the Government’s economic, environmental and social planning policies for England.

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5
Q

What is CIL?

A

The Community Infrastructure Levy (the ‘levy’) is a charge which can be levied by local authorities on new development in their area. It is an important tool for local authorities to use to help them deliver the infrastructure needed to support development in their area.

The levy only applies in areas where a local authority has consulted on, and approved, a charging schedule which sets out its levy rates and has published the schedule on its website.

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6
Q

What is Section 106?

A

Section 106 (S.106)Agreements are legal agreements made between Local Authorities and developers. The agreements are linked to planning permissions and can also be known as planning obligations.

S.106 agreements are drafted when it is considered that a development will have a significant impact on the local area that cannot be moderated by means of conditions attached to a planning decision.

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7
Q

What is the difference in CIL and Section 106?

A
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8
Q

What questions did you ask during the consultation?

A

What do you think of the town centre?
What areas do you typically go to?
What is your favourite part of your town?
What would you like to see introduced?
What areas would you like to see improved?

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9
Q

How did you record the consultation data? And how was this then used?

A

Alongside youth workers, council members and the architect…

Document anonymous data (but retain age)
Compiled in an excel
Pick out key words
Establish which key words relate to different age categories

—————————
Need more streetlights
Need more speed cameras
Need more public space
More green/plants around the town!
Potential Cresh/Community hub

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10
Q

What is a Discharge of Conditions application? And when is the required?

A

Deemed discharge of a condition means that the local planning authority’s consent, agreement or approval to any matter as required by the condition is deemed to have been given.

If seeking a deemed discharge the applicant must follow the procedure set out in Articles 27 to 30 of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

The procedure is designed to avoid unacceptable delays and costs at a stage in the development process where applicants are close to starting on site or where development is underway.

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11
Q

Can you walk me through the job you undertook for the Advertisement Consent application?

A

Colleagues worked on building app
-Client approached saying almost completed construction - need to do signage;
-Advised a pre app with council as this can be a controversial topic within city centres
-Met the client & case officer on site with some proposed plans. We discussed what was acceptable and unacceptable (almost a negotiation to determine what the client can do).
-Following the discussion the client tweaked the plans and reissued to the case officer for review prior to submission.
-In the interim we prepared a covering letter & planning app form.
-Architect gave us a red line site location plan, Elevation plan, advert plan (height of sign, illumination, size…) etc
-Uploaded and submitted to the planning portal under (application seeking advertisement consent).

Now awaiting validation!

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12
Q

What amendments were made by the client following case officer recommendations?

A

Removed one sign - amended three from fixed lights to hanging signs that are interchangeable

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13
Q

What is the Town and Country Planning (Control of Advertisements) Regulations 2007?

A

A legal framework for controlling outdoor advertisements across the UK

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14
Q

How did the Town and Country Planning (Control of Advertisements) Regulations 2007 help guide your work?

A

It helps identify and steer on:
-Safety (impact on drivers, too bright for adjacent residents…)
-Advert categories (posters, signs, banners, digital ads…)
-Consent system

It essentially aims to balance advert needs with public and environmental safety.

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15
Q

Was your site in a conservation area? If it is/was how would that make a difference?

A

Nope - it was opposite one but didn’t fall within the perimeter.

If it did this would require more stringent designs and considerations as it needs to inkeep with the area.

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16
Q

What are Reserved Matters?

A

Reserved matters are those aspects of a proposed development which an applicant can choose not to submit details of with an outline planning application, (ie they can be ‘reserved’ for later determination).

Comprise:
-Access
-Appearance
-Landscaping
-Layout
-Scale

17
Q

Do all reserved matters need to be submitted for approval at the same time?

A

Applications for approval under outline permission may be made either for all reserved matters at once, or individually. Even after details relating to a particular reserved matter have been approved, one or more fresh applications can be made for approval of alternative details in relation to the same reserved matter. Once the time-limit for applications for approval of reserved matters has expired, however, no applications for such an approval may be submitted.

18
Q

Excluding the main two, what other types of planning applications is there?

A

-Approval of reserved matters;
-Discharge of conditions;
-Amending proposals that have planning permission;
-Amending planning obligations;
-Lawful development certificates;
-Prior approval for some permitted development rights;
-Non-planning consents (such as advertisement consent, consent required under a Tree Preservation Order and hazardous substances consent).

19
Q

What if an application relates to land in more than one local planning authority area?

A

Where a site which is the subject of a planning application straddles one or more local planning authority boundaries, the applicant must submit identical applications to each local planning authority.

20
Q

What are the national information requirements for a planning application?

A

An application for planning permission must be accompanied by:

-Plans and drawings.
-Ownership Certificate and Agricultural Land Declaration.
-Design and Access Statement (for some planning applications).
-Fire Statement (for some planning applications made on or after 1 August 2021)

21
Q

Can a planning application be made on someone else’s land?

A

The planning system entitles anyone to apply for permission to develop any plot of land, irrespective of ownership. However, an applicant is required to notify owners of the land or buildings to which the application relates, as well as any agricultural tenants, in accordance with article 13 of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

22
Q

What should be included in a Design and Access Statement accompanying an application for listed building consent?

A

Design and Access Statements accompanying applications for listed building consent must include an explanation of the design principles and concepts that have been applied to the proposed works, and how they have taken account of:

(a) the special architectural or historic importance of the building;

(b) the particular physical features of the building that justify its designation as a listed building; and

(c) the building’s setting.

23
Q

Can details of reserved matters be submitted with an outline application?

A

An applicant can choose to submit details of any of the reserved matters as part of an outline application. Unless the applicant has indicated that those details are submitted “for illustrative purposes only” (or has otherwise indicated that they are not formally part of the application), the local planning authority must treat them as part of the development in respect of which the application is being made; the local planning authority cannot reserve that matter by condition for subsequent approval.

24
Q

When did the consultation date end for the NPPF? What has been proposed?

A

8 week consultation from End of July till end of Sep 2024

Proposed:
-1.5 mil new homes in this parliamentary period;
-Support all forms of renewable and low carbon development;
-Revised Green Belt approach. Fundamentals are the same (prevent urban sprawl, safeguard countryside…) but review boundaries and consider previously developed land and ‘Grey Belt’
-Affordable housing - increased focus on social rent, whilst making home ownership more obtainable. No infrastructure Levy (retain CIL/Section 106

25
Q

What does a section 106 agreement cover?

A

The areas covered by a S.106will depend on the nature of the development and the needs of the District. The most common obligations include:-

Public open space
Affordable housing
Education
Highways
Town centre improvements
Health

26
Q

What would be the next steps for the advertisement planning app?

A

Awaiting validation.

Once validated by the city council
-8 week determination period
-First 3 weeks is a consultation period open to the general public
-Following this the case officer advises on what is deemed acceptable… make minor tweaks on material perhaps?
-This would then be approved