Planning 2019

Question 1

Legislation for permitted development for agricultural buildings

Answer 1

Town and country planning (General Permitted Development) (England) Order 2015
Schedule 2 Part 4 Class A and B

Question 2

Definition of agrixulture for planning

Answer 2

S.336 1990 Town and Country Planning Act

Question 3

Class A - Agricultural development on holdings of more than 5 Hectares

Answer 3

1,000m2 every two years 
Height - 12m maximum 
Not within 25m of a metalled trunk road
Livestock buildings not within 400m of a protected building
Detwemination period - 28 days

Question 4

Definition of Development

Answer 4

Section 55 of the Town and Country Planning Act 1990

Excludes Agriculture

Question 5

Requirement to obtain planning permission

Answer 5

Section 57 of the Town and Country Planning Act 1990

Question 6

Pre- application requirements

Answer 6

Section 61 Town and Cuntry Planning Act 1990 - must publicise the application reasonably. Must give details of how comments can be submitted, to whom and by when.

Question 7

What must be included with an application

Answer 7

section 62 of the Town and Country Planning Act 1990
Necessary Details
Supporting Details
Evidence and details of all material considerations for the application

Question 8

Residential conversion of agricultural buildings

Answer 8

Class Q - Town and Country Planning (General Permitted Development) (England) Order 2015
3 larger dwellings of 465m2 in total
5 smaller dwellings of 100m2 each
can have 3 smaller dwellings and 1 or 2 larger dwellings

Question 9

Policy Supporting conversion of redundant buildings

Answer 9

NPPF - Para 79

Question 10

Common issues with Class Q

Answer 10

Lack of natural openings
Resistance to extensioInability to increase roof height
Outdoor cutilage included within the foot print floor area
Protected Species Surveys
Conversions costs outweigh cost of a new build
Structural Survey - must be physically capable of conversion

Question 11

Support for Rural Workers Dwellings

Answer 11

The essential need for a rural workers, including those taking a majority control of a farm business, to live permanently at / near their place of work in the countryside.

Question 12

Sustainable home supply

Answer 12

NPPF - Section 5 - paragraphs 77 - 79

Question 13

Supporting a rural economy

Answer 13

NPPF - Section 6 - paragraph 83
Sustainable growth and development of rural areas and rural businesses, sustainable development of rural tourism and leisure facilities, retention and developent of local services.

Question 14

Conserving and enhancing the natural environment

Answer 14

NPPF - Section 9 - paragraphs 107 policies should recognise the economic and other benefits of the highest grade agricultural land and it should be protected.

Question 15

Protecting Greenbelt Land

Answer 15

NPPF - Section 13
prevents all development which is not agricultural, forestry, outdoor, recreationalsport facilities and extensions and alterations toexisting buildings, replacement of a building, limited village infilling and affordable development

Question 16

Local Plan Requirements

Answer 16

Material Considerations
Positively prepared, justified, effective, and consistent with the NPPF
All plans are reviewed and scrutinised prior to being adopted.
NPPF takes precendent

Question 17

Material considerations to planning applications in rural areas

Answer 17

Visual Impact
Noise
Ecology

Question 18

Visual Impact

Answer 18

protect the undeveloped openness of the countryside
presumption against development
Key receptors: residential development, gardens, PROW, Listed Buildings and recreational areas.

Question 19

Noise Impact

Answer 19

the standard background noise level in the countryside is 30 decibells anything which will increase this including livestock facilities must be considered.

Question 20

Ecology

Answer 20

important habitats for Mammals, Birds, Flora, and aquatic species should be protected

Question 21

Legislation which protects protected species for planning purposes

Answer 21

Wildlife and Countryside Act 1981

Question 22

LPA requirements for ecology services

Answer 22

Surveys are valid for 2 years
Must be conducted at the right time of year
Many applications cannot be validated without surveys

Question 23

When will Natural England grant a licence to disturb ecology?

Answer 23

1 - overriding public interest
2 - no other satisfacotry alternative
3 - favourable conservation statu

Question 24

Transport and Highways

Answer 24

Must have suitable access for all developments.

Lack of public transport is a material consideration.

Question 25

Date building must have been built, or last used for agriculture to qulify for permitted development Class Q conversion

Answer 25

March 2013

Question 26

Full Planning Application determination period

Answer 26

8 weeks

Question 27

Criteria for a Major applications

Answer 27

Over 1,000m2 of land covered