Planning Flashcards
What are the stages of the development application and appeals process?
- Pre-Application
- Application and validation (3 to 5 working days)
- Determination period – minor apps 8 weeks, major 13 weeks, EIA 16wks
- Consultation and Publicity - relevant stakeholders, including statutory consultees (e.g., highways authorities, environmental agencies) and the public. Varies but 21 days.
Decision – deletation or committee - Appeal to the planning inspectorate – within 6 months (household is 12 weeks).
- Written representations – statements and evidence / Hearings – more formal. Public – Inquires.
Provide an overview of the consultation process and stakeholder management
- Led by the LPA.
- Applicant submits details of anyone interested in the land
Provide an overview of the decision-making process and role of key stakeholders
- LPA with Planning Officers, Planning Committees (Councillors), Statutory Consultees (Highways, EA, Natural England, Historia England) and Local Residents. Planning Inspectorate.
What is the purpose of pre-application advice?
To confirm validation requirements
This ensures that all necessary information is provided before formal application.
What should a planner be familiar with regarding their locality?
Appropriate planning policy and procedures
This includes understanding local regulations and guidelines.
What types of site surveys and details are important?
Site planning history, flood risk, biodiversity, archaeology, architectural character, conservation, accessibility, highways, services and utilities
Each aspect plays a crucial role in the planning process.
What are Supplementary Planning Documents (SPDs)?
Documents that assist a Local Plan, providing further clarity for decisions on issues like affordable housing and sustainability
SPDs help to elaborate on policies within the Local Plan.
What is the role of design guides in planning?
They are often adopted as SPDs and provide material weight in planning decisions
Design guides help maintain consistency and quality in developments.
What are design codes?
Detailed rules adopted as part of a Local Plan or as SPDs, giving them material weight
Design codes ensure that developments adhere to specific standards and criteria.
What planning obligations are you aware of?
- Section 106.
- Section 278.
- Community Infrastructure Levy.
What is a Section 106?
- It was established under the Town & Country Planning Act 1990 and is a legally binding planning obligation between a Local Authority and the developer and is negotiated in order to give planning consent.
- It is a contribution that seeks to minimise the impact of the development on the local community with the developer either carrying out works which will provide community benefits or giving money to the LA to fund community improvements.
- It is often used to improve approach roads, provide new open space or fund repairs to historic buildings.
- Contribution must be reasonable, relevant & necessary to planning e.g. regarding scale.
What is your understanding of a Section 278?
- Established under the Highways Act 1980.
- It is an obligation for a private developer to fund and carryout improvements to the road network if the development is likely to impact on the existing infrastructure.
- Improvements can take the form of traffic control measures or in exceptional circumstances, new roads
What is your understanding of the Community Infrastructure Levy?
- It is a levy charged by local authorities to capture the value in land gained when developers receive planning permission.
- It is charged at a per square meter rate by individual councils and is used to fund district-wide infrastructure needs; parks, schools, community facilities, health facilities and leisure centres.
- The rate differs depending on the development and exemptions are given to charities and social housing; LBE is £35, Islington £80 - £450 per sqm.
- Section 106 planning obligations can still be used for site-specific mitigation measures.
- Applied on developments over 100 sqm.
What is the difference between the Community Infrastructure Levy and a Section 106?
- CIL applies to all schemes that qualify.
- S106 applies only to schemes whose development affects a community.
- S106 – to the land not the person.
- Not all authorities adopted CIL
- S106 can be on affordable housing
- CIL is worked out at a fixed rate: S106 is calculated as whatever’s reasonable for its scale & impact
- Aim of CIL is to reduce the negotiation required to complete a S.106 agreement and standardise and speed up the planning approach
What does a planning application contain?
Each Local Planning Authority differs with their requirements but generally contain the following:
1. Completed application form.
2. Application fee.
3. GEA & GIA summary.
4. Full set of drawings: architectural, landscape, civil & services engineering, CGIs.
5. Site location plan.
6. Design & Access Statement.
7. Energy Statement that demonstrates the proposed development will meet the highest standards of sustainable design and construction.
8. Details of materials including samples if necessary.
9. Assessment of flood risk.
10. Details of employment.
11. Green travel plan.
12. Transport assessment.
13. Ownership certificates.
14. Sequential Needs assessment.
15. Statement of community involvement.
16. Secure by design statement.
17. Arboricultural survey.
18. EIA survey.
19. Landscape: Visual impact & open space assessment.
20. Air quality.
21. Noise impact.
22. Contractor’s method statement.
23. Site waste management plan
What is a Design & Access Statement?
It’s a supporting document for a planning application that illustrates the process behind, and justification of, the proposal. It also details how people of all ages and abilities can use the building.
How would you manage the process of discharging planning conditions?
- Liaise closely with the architect – requesting weekly updates of discharging of conditions.
- Liaise with the Clerk of Works to gain an opinion of whether building works were in line with planning requirements.
Produce a planning tracker to record:
o Discharged conditions.
o Outstanding conditions.
o Pre-Commencement conditions - e.g:
o Provision of a green roofs.
o Surface water drainage plan.
o Final Waste Servicing Management Plan.
o Section 278.
o Section 106.
o Ecological Assessment.
What is the Town and Country Planning Act 1947?
- Planning permission was required for land development , ownership alone no longer meant you had the right to develop.
- Introduced local authorities and local plans
What is the Town and Country Planning Act 1990 (as amended),
- Superseded 1947 / dived planning up / public / introduced S.106 and Planning Conditions
which governs land use and development permissions.
What is the NPPF?
National Planning Policy Framework (NPPF), which sets out planning policies in England and how they should be applied
- Guidance for local planning authorities (LPAs) and decision-makers, both in terms of plan making (Local Plans) and decision making (positive and creative)
Balances economic growth with environmental protection.
- Streamlines the planning process.
- Devolves power to local authorities.
- Presumption in favour of sustainable development.
What are the recent NPPF changes?
- Prioritizing brownfield development, and considering “grey belt” development
- mandatory housing targets
- support LPAs
- Require Local Plans /
What are Planning Practice Guidance (PPG)?
- documents issued by the UK government to provide detailed advice on specific planning topics
What is the hierarchy of planning policy?
- NPPF (and PPGs)
- Local Planning
- Neighbourhood Planning
Give an overview of Local Plans
‘The plan for the future development of the local area, drawn up by the local planning authority in consultation with the community. – At least every 5 Years
- Core strategy / Site allocations / Area Action Plans / Proposal Maps / Affordable Housing / Development Management policies
What are the stages involved in Local Plan development?
- Draft / Emerging / Adopted
- Gather Evidence / Public Consultation on draft and proposed / Examination by Planning Inspector / Adoption
- Call for sites – developers put forward sites to considetation – Strat Hous Land Avail Ass used to prep and Stat Hous Mark Assess / SH Eco Land Avail Assess
What are the types of planning permission?
Outline application
Permission in principle
Full application
What is an Outline planning permission?
The consent will require the submission of a further application for reserved matters which must be contained in the subsequent detailed application within 3 years.
Once the last reserved matters have been approved there is usually a 2-year period within which development must commence
What is required for a reserved matters application?
Reserved matters that might be the subject of further applications once outline planning consent has been obtained can now include:
The layout of buildings within the proposed development.
The precise height, width and length of individual buildings.
The appearance of buildings.
Access to and within the site for vehicles, cycles and pedestrians.
Landscape proposals.
What is Permission in Principle?
The permission in principle consent route is an alternative way of obtaining planning permission for housing-led development which separates the consideration of matters of principle for proposed development from the technical detail of the development
What are typical planning application fees?
Full application for new dwelling houses:
Not more than 50 houses: £462 per house
More than 50 houses: £22,859 + £138 for each additional house in excess of 50 (max fee £300k)
What are validation requirements?
These are documents that must be submitted for an application to be accepted.
National set list, but LPAs can ask for specific things.
What are the timescales for a planning application?
8 weeks – minor
13 weeks – major
16 weeks – major with EIA
What is considered a Major development?
10+ units
1 + hectare
1000 sq. m. floor space
What points can you appeal a planning decision on?
A planning application refusal.
Planning conditions attached to a permission.
Non determination if you have not received a decision within the statutory time period.
How can appeals be heard?
Appeals can be heard by:
Written statement (the most common form).
An informal hearing.
Planning inquiry (for large or complex schemes).
If an appeal is dismissed it can be challenged in the high court on a point of law.
What would you likely see as planning conditions?
when planning must commence
development needs to be carried in accordance with the plans and conditions
details of materials must be provided
What is a non-material amendment?
Granted an application under section 96A of the Town and Country Planning Act 1990.
No new application. Description of development / plans etc.
What is minor non-material ammendment?
Non definition - small change to nature of development.
An application can be made under section 73 of the Town and Country Planning Act 1990 to vary or remove conditions associated with a planning permission.
Applicant can decide whether to use old or new.
What is a planning appraisal?
A starting point for many developers to establish the planning potential of a site
Provides advice on what policies are relevant.
What is a Pre-app?
Seeks to understand the opinion of the LPA of the principle of that development.
After meeting LPA will send a written letter.
Not binding but gives an opinion as to what the council is looking for and any relevant documents they would require.
What is included within a Pre-application?
Supporting letter
A Site Location Plan
Site Photos
What happens in a Pre-application discussion?
This will typically highlight any likely problems with the scheme and, sometimes, indicate what information will be required alongside a formal application.
What are the costs of pre-application advice?
Will differ depending on LPA and type of development.
Minor development approx £400
Small scale major developments approx £1,000.
Large scale major developments approc £1,700
How do you calculate CIL?
Calculate the Internal area in Sq. M
Deduct any deductible floor space.
Look up CIL charging rate on Charging Schedule.
Use the BCIS ‘all in’ Tender Price Index.
What is an Enforcement Notice?
LPA can serve against owner/occupier for breach of planning control.
Details the steps needed to remedy.
What is a Stop notice?
This prohibits the continuation of any activity that is set out in an enforcement notice until the enforcement notice has been complied with.
What is a lawful development certificate?
Will show a building’s current lawful use.
Maybe want to get it for PD, to show correct lawful use.
What are the types of listed building?
Grade I - (Buildings of exceptional Interest)
Grade II* - (Buildings of particular importance)
Grade II - (90% + of all listings- buildings of special interest)
What consent do you need to do work to a listed building?
Listed building consent.
It is an offence to carry out works without one.
What is a tree preservation order?
LPAs have powers to protect trees by making TPO’s.
What is the Green Belt?
A green belt is a policy and land-use zone designation used in land-use planning to retain areas of largely undeveloped
What are the purposes of the greenbelt?
Restricts urban sprawl around built up areas
Prevents towns from merging - coelescence
How can you get a site removed from the green belt?
By getting it allocated in the local plan.
What is an Environmental impact assessment?
Evaluates the environmental effects of proposed development action prior to permission being granted.
What are the three types of Affordable Housing?
Social Rent - most affordable at approx 55% of private rents.
Affordable Rent - no more than 80% of local market rent.
Intermediate - Discounted Open Market / Shared Ownership
What is the Planning and Compulsory Purchase Act 2004?
Replaces and amended parts of the Town and Country Planning Act 1990.
Key element of the Government’s agenda for speeding up the planning system
What is the Housing and Planning Act 2016?
Increase in construction of starter homes
What is the Localism Act, 2011?
Gives more autonomy at a local level.
NPPF and Plan Making?
he planning system should be genuinely plan-led.
Succinct and up-to-date plans should provide a positive vision for the future of each area
NPPF and Decision Making?
Local planning authorities should approach decisions on proposed development in a positive and creative way.
They should work proactively with applicants to secure developments that will improve the economic, social and environmental conditions of the area.
What documents are included within a Local Plan?
Core strategy
Site allocations
Area Action Plans
Proposal Maps
Affordable Housing
Development Management policies
How do you review Planning Policy Maps to understand restrictions on development?
I review the policy Map to see what planning policies affect the subject property.
What is a SHLAA?
Strategic Housing Land Availability Assessment
Call for sites leads to SHLAA.
Technical exercise to determine quanity and suitability of development land for housing.
What is a SHMA?
Strategic Housing Market Assessment
Assessment of future housing market requirements within an area, including assessment of type, density etc.
What is permitted development?
Some forms of development don’t need planning permission.
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What are the 2020 changes to PD?
Upwards extension of buildings.
Demolition of buildings for replacement with dewllings.
What are the 2021 changes to PD?
Cannot exceed 1,500 sqm
3 month vacancy prior to date of application.
Lawful use for 2 years.
What is prior approval?
Under certain classes of PD, you need to submit a prior approval application.
Allows LPA to consider the proposal against certain factors ( e.g. transport and highways) and how these may be mitigated.
Who would refer a decision
to committee?
- Councillor Call-in – A local councillor
- Significant Public Interest – If an application receives a large number of objections or support comments, it may be referred to the committee.
- Major Developments – Large-scale projects (e.g., housing estates, major commercial developments) often go to the committee automatically.
- Departure from Policy – If an application does not fully comply with local or national planning policies, it might need committee scrutiny.
- Council-Owned or Councillor Applications – If the council itself is applying for permission or if a councillor is the applicant, the decision may be referred to the committee to ensure transparency.
- At the Discretion of Senior Officers
Who refers a decision to committee?
Local Councillors (Call-in Procedure) – Elected councillors (often ward councillors) can formally request that an application goes to committee instead of being decided by a planning officer.
2. Senior Planning Officers – If an application is complex, controversial, or does not align with planning policies, senior officers may decide to refer it to the committee rather than using delegated powers.
3. Public Objections and Interest
4. Automatic Referral (Policy-Based)
5. Committee Chair or Planning Committee Members
