Planning 2 - Applications

Question 1

Legislation

Answer 1

NI:

The planning act 2011
- planning responsibilities to local council

GDPO - application content
GPDO - permitted deve

Planning EIA Regs 2017

Conservation of natural habitats Regs
- birds and habitiats directives - SAC, SPAs

Planning DEVELOPMENT MANAGENT regs 2015
- major threshold

Question 2

Pre application process?

Answer 2

PAD - with planning officer - info + fee

PACC - requirement on major applications
- Good practice, ask case officer if necessary
- 12 week process before application (advertise events 1 week before)
- WHY? improves quality of applications, mitigate negative effects,
reduce misunderstandings / issues = smoother & faster decision.
- Peace 4 - PD but PACC still done

PAN - required for major&regional applications

    - 12 weeks before app
    - informs LPA of consultation planned

Question 3

What’s in an application?

Answer 3

Outline - principal, only RLB, motives, RM.
RM within 3 years, 2 years after that (5 yrs total)

Full - Application - P1/description/address/applicant

   - RLB&BLB
   - Proposals
   - statements and reports - major - PACC/DAS/ES
   - 3 copies
   - fee

3yrs

Question 4

Different types of Application?

Answer 4

Outline + approval of RM
Full
Retrospective

Application for consent

- conservation area
- listed buildings

Post decision
- renewal of application

Question 5

Typical Supporting assessments?

Answer 5

EIA
Tree survey 
Ecologist survey - badgers P4
Archaeology 
Flood risk assessment

Question 6

Planning fees

Answer 6

application / RW

x - discharging conditions/TPO/conservation area tree/ listed building

calculated by area

EIA = extra 11,000

Question 7

Breach

Answer 7

developing without consent
not meeting conditions

LPA will try and resolve breach
cant = enforcement notice / breach of condition notice
immediate action needed = stop notice/injunction

Question 8

Penalty of a breach

Answer 8

court action
fine and daily fines
recover legal costs

Question 9

Appealing

Answer 9

written / hearing / public inquiry

cant appeal against a stop notice unless within 28days

Question 10

Statutory consultees

Answer 10

NI Water
NIEA
DFI / DFC
Environmental Health Department

response to application considered but don’t determine the application.

Question 11

Categories of development / applications

Answer 11

Local - LPA - Officer + Committee
Major - LPA - Planning Committee
Regional - DFI

Question 12

Section 76

Answer 12

agreement developer + local authority

• specify operations/activities
• use of the land
• sum to be paid to L Authority or NI dept

Question 13

Difference between full and outline?

Answer 13

Approval of outline is not approval for the development, it is only approval for the proposal in principal. The outline application may only require info on the area of the site, and the general intent. Application for approval of Reserved matters is required before development can begin.

Approval of full planning permission permits development to begin, in accordance with any conditions attached.

PAD - case officer - info on content required