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RICS Planning And Development 2020 > Planning > Flashcards

Planning Flashcards

1
Q
  1. What would you include as part of a planning application ?
A 
Application form 
Location plan 
Site plan 
Ownership certificate 
Design and access statement 
Floor plans 
Reports 
Correct Fee
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2
Q
  1. What is law governs development and town planning in the UK ?
A

Town and country planning act 1990

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3
Q
  1. What law allows local authorities to hold virtual planning committees ?
A

The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations

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4
Q
  1. When was the NPPF first Published
A

March 2012

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5
Q
  1. What key part of the 1990 Act relate to do your work ?
A 
S55- definition of development 
S73- Minor material amendment
S78- right to appeal 
S92- Outline planning application 
S96a- Non material amendment  
S106- Planning obligations
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6
Q
  1. What is a minor material amendment and when is it used ?
A

S73- develop on land without compliance with conditions previously attached
Used to amend plans, layout and conditions

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7
Q
  1. What is a pre-application
A

Provided by planning officers employed by the council, which outlines how we are likely to determine any subsequent planning application, and any changes that are likely to be needed, if any, to give your scheme the best chance of being granted a planning permission.

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8
Q
  1. Is pre-application advice binding ?
A

No as the decision to grant a planning application is subject to consultation and determination by the planning committee

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9
Q
  1. If a planning application was rejected, how would you advise your client?
A

To review the reasons for rejection and seek to appeal the decision

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10
Q
  1. What will be the appeal process ?
A

Written representation – 19-38 weeks to determine
Hearing
Inquiry

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11
Q
  1. On what grounds can a party wish to appeal ?
A

Planning refusal

Non determination

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12
Q
  1. What is a s.96a application and where is it used
A

S96a is a non material amendment application

Can be used to change approved drawings and description of development.

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13
Q
  1. What is permitted development ?
A

Permitted development rights means planning permission that is deemed to be given and sometimes subject to prior approval.

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14
Q
  1. What is the main regulation or law relating to permitted development
A

The town and country planning (General Permitted Development)(England) order 2015

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15
Q
  1. What is the latest version of GDPO ?
A

The town and country planning (General Permitted Development)(Coronavirus)(England) 2020

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16
Q
  1. What act requires developers to consult with communities before submitting an application ?
A

Localism Act 2011

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17
Q
  1. What is the NPPF
A

National planning policy Framework
The National Planning Policy Framework (NPPF) sets out the Government’s economic, environmental and social planning policies for England

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18
Q
  1. What was the main changes to the new NPPF ?
A

76 Imposing new planning condition to to shorten the default 3 year timescale.

11 is new and focuses on making effective use of land and the need of planning decisions to promote effective use of land. There is also support for upward extensions. Supports commercial sites for residential development.

57- viability and the need for them to be made publicly available

Para 63 Affordable homes provision should not be sought of residential developments that are not major developments other than in designated rural areas

Para 73/74- Annual position statement

Para 75 Inclusion of Housing Delivery test

Para 60- Introduces consistent methodology of how to calculate housing need

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19
Q
  1. What paragraphs in the NPPF relate to you and your work
A

Para 2- Planning law requires that applications for planning permission be determined in accordance with the development plan, unless material considerations indicate otherwise

Para 8- achieving sustainable development. Economic, social and environmental.

Para 11- Presumption in favour of sustainable development

42 Pre-application

57- viability and the need for them to be made publicly available

56- Use of planning obligations must meet the CIL regs 122 test

96- access to high quality spaces

123- Optimise use of land

124- Creation of high quality buildings

174 enhance biodiversity

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20
Q
  1. What is the London plan ?
A

The London Plan is the statutory Spatial Development Strategy for Greater London prepared by the Mayor of London (“the Mayor”)

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21
Q
  1. What conditions did you change as part of your s73 application
A

Conditions relating to:
Drawings
Unit numbers

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22
Q
  1. What is a dwelling house
A

Defined in the Housing Act 2004

3) For the purposes of subsection (2)(a) a person is a member of the same family as anoth-er person if—
(a) those persons are married to [F1, or civil partners of, each other or live together as if they were a married couple or civil partners];
(b) one of them is a relative of the other; or
(c) one of them is, or is a relative of, one member of a couple and the other is a relative of the other member of the couple.

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23
Q
  1. What did you include in submitting a planning application:
A 
Site plan 
Application form 
Supporting information 
Ownership certificate 
Location plan 
Fee
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24
Q
  1. What scale is a location plan ?
A

1:1250 or 1:2500

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25
Q
  1. What scale should a site plan be ?
A

1:200 or 1:500

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26
Q
  1. What is an outline planning permission ?
A

As defined in s92 of the TCPA 1990 it is an application with the reservation for subsequent approval by the LPA of matters not particularized in the application

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27
Q
  1. How long do you have to submit a reserved matters ?
A

Three Years

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28
Q
  1. After the RM, how long do you have to commence works ?
A

Two years

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29
Q
  1. What are the 5 reserved matters:
A 
Appearance 
Means of Access 
Scale 
Layout 
Landscape
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30
Q
  1. How long does it typically take to determine an application ?
A 
Householder: 8 weeks 
Non material amendment: 28 days 
Material amendment: 8 weeks 
Major application: 13 weeks 
EIA applications: 16 weeks 
If application is not determined within 26 weeks then application can be appealed under non determination
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31
Q
  1. Can you appeal a 96a ?
A

No

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32
Q
  1. What is the typical consultation timescale for a planning application ?
A

21 days

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33
Q
  1. What case law are you currently aware of ?
A

Finney vs welsh ministers- wind turbine increase- cant use s73 to change the description of development

Wet Finishing Works Limited v Taunton Deane Borough Council – 84 to 90 units

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34
Q
  1. What process did you follow when submitting to extend the use of the temporary boiler ?
A

I followed the following process:

Liaised with the planning department

Submitted a planning application which included, site plan, location plan, application form and supporting information from M&E consultant.

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35
Q
  1. Can you appeal an enforcement
A

Yes

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36
Q
  1. What is the importance on 5 year housing supply ?
A

Where councils can’t demonstrate this five year supply, national planning policy, rather than local planning rules take precedence. National policy states there should be a “presumption in favour of sustainable development” for housing.

This means that if a site can be considered to deliver ‘sustainable development’ then planning permission should be granted, even if there is no support from the council for housing in that location or the site sits outside the Local Plan.

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37
Q
  1. How would you deal with an application that has a listed schedule of monument ?
A

Need to submit a scheduled monument consent to the Secretary of State for Digital, Culture, Media and Sport.

Generally submitted via Historic England

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38
Q
  1. Why is a planning performance agreement ?
A

A Planning Performance Agreement (PPA) is a project management tool that the Local Planning Authority (LPA) and applicant can use to agree timescales, actions and resources for handling particular applications.

PPAs can be used at the pre-application stage, the planning application stage and at the post decision stage or any combination of these.

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39
Q
  1. What are the benefits of a Planning Performance Agreement ?
A

The benefits are
Identification of key issues and consultees at an early stage;

Provides a guarantee of Council resources with realistic timescales

Better overall management from pre-application through to post-application stages;

Greater accountability, transparency and communication;

Improved partnership working;

Continuity and consistency from Local Planning Authority (LPA) officers; and

Bespoke advice from key consultees (e.g. building control, environment, highways etc.)

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40
Q
  1. When was the latest NPPF implemented
A

February 2019

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41
Q
  1. How has permitted development rights changed over the years since it was first established and what impact has it had on planning ?
A

Town and Country Planning (Permitted Development, Advertisement and compensation Amendments) (England) Order 2019

Temporary change of use for 3 years

Permitting the permanent change of use of hot food takeaways (A5) to residential (C3). This is subject to a 150m2 limit.

Household rear extensions have been increased to up to 8m subject to prior approval

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42
Q
  1. When is a s.106 required in planning ?
A

To make a development acceptable in planning terms when it otherwise wouldn’t be

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43
Q
  1. Are s.106 negotiable
A

Yes

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44
Q
  1. Is CIL negotiable ?
A

No. it is a tariff base system

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45
Q
  1. What is a major development
A

Residential: 10+ homes or on site which 0.5 hectares or more

Non-residential: 1,000m/2 or site which is 1 hectare or more.

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46
Q
  1. What are the different types of planning applications ?
A 
Householder planning application 
Full planning consent
Outline 
Reserved matters 
Listed building 
Lawful development certificate
Prior approval 
Removal/ variation of conditions (s73)
Approval (discharging) of conditions 
Non material amendment
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47
Q
  1. What are the regulation 122 test on planning obligations
A

(a) necessary to make the development acceptable in planning terms;
(b) directly related to the development; and
(c) fairly and reasonably related in scale and kind to the development.

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48
Q
  1. What are the tests on planning conditions
A

Para 55 of the NPPF states planning conditions must be

Necessary,

Relevant to planning and to the development to be permitted,

Enforceable,

Precise

Reasonable in all other respects

Conditions that are required to be discharged before development commences should be avoided, unless there is a clear justification

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49
Q
  1. In London what size of schemes are referable to the Mayor:
A

150 units or more

Over 30 meters high

Development of green belt or Metropolitan Land

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50
Q
  1. What is the density on the project you are working on ?
A

125 units per hectare

Consistent with density when looking at sustainable residential quality matrix

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51
Q
  1. What does PTAL stand for ?
A

Public Transport Accessibility Level

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52
Q

Who are the Statutory Consultees on a planning application ?

A 
GLA 
Environment Agency 
Historic England 
Natural England 
TFL 
Network Rail 
Water/ sewer undertakers 
Highways department 
Thames water 
Local community 
Canal river trust 
Sports England 
NHS 
Secure by design 
Historic England 
Natural England
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53
Q
  1. What are the seasons for undertaking ecological investigations ?
A 
Phase 1 Habitat- Spring/ summer 
Bat scoping- All year 
Bat Activity – Late spring/ summer
Badger- late Autumn/ Late winter/ Early Spring- To ensure vegetation at a low level  
Hedgerow- Late spring/ Early summer  
Breeding Bird- Spring/ Early summer
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54
Q
  1. What is the purpose of the planning system
A

To regulate development and to identify and ensure the correct mix of uses are planned to create sustainable communities.

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55
Q
  1. What do you need to submit as part of a planning application
A

Application form, site plan, location plan, the correct application fee, design and access statement and ownership certificate:

  • Cert A- sole owner of the land relating to the planning
  • Cert B- if you are not the sole owner of all the land. You must also serve notice on all other owners
  • Cert C- as above but you do not know the identity of all the owners. You must also serve notice on all known owners and publicize in a local newspaper.
  • Cert D- You cannot trace any of the owners
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56
Q
  1. What constitutes development
A

Building operations, subdividing of building, mining operations and ground works, Building works that only affects the interior and does not affect the material impact of the exterior is NOT development (On non-listed buildings). Change in primary use that doesn’t require planning permission (where the use is in the same use class) is also not development

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57
Q

What are the key principles of the Localism Act 2011

A

Allow for new freedoms and flexibilities for local government; new rights and powers for communities and individuals; reform to make the planning system more democratic and more effective, and reform to ensure that decisions about housing are taken locally

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58
Q

Name me a few recent updates on CIL

A

The removal of regulation 123 ‘pooling restriction’ which limited to contributions from 5 or more. his will allow charging authorities to use both CIL and section 106 contributions to fund the same item of infrastructure, providing them with greater flexibility for infrastructure funding.

From December 2020, local authorities must publish an infrastructure funding statement and publish information of s106

59
Q

What is the new regulations on CIL

A

The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019

60
Q

what are the five purposes of the Green Belt serves ?

A

Para 133-147

a) to check the unrestricted sprawl of large built-up areas;
b) to prevent neighbouring towns merging into one another;
c) to assist in safeguarding the countryside from encroachment;
d) to preserve the setting and special character of historic towns; and
e) to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.

61
Q

What is the local plan process

A
  1. Information Gathering- • Formulate initial aims and objectives, Begin evidence gathering, Notify relevant consultation bodies and those carrying on business in the area and invite them to make representation.
  2. Publication- Local Plan is formally published for a minimum of six weeks for representations to be made.
  3. Submission- Local Plan, representations and other required documents are submitted to the Planning
    Inspectorate. Inspectorate arrange for the Local Plan to be scrutinized through an examination by an
    independent inspector.
  4. Found sound- Inspector writes a report setting out whether the Local Plan is sound and satisfies legal requirements. If the Local Plan is not sound, the local planning authority can ask the inspector to recommend modifications to make it sound.
  5. Adoption- If the inspector recommends that the Local Plan may be adopted, the local planning authority may formally adopt it (usually by a vote in full Council). Once adopted, it is part of the development plan for the local area.
62
Q

What is a resolution to grant?

A

Resolution to Grant means a resolution (either by committee or by an officer of the Planning Authority properly delegated to make such a resolution on behalf of the Planning Authority) by the Planning Authority to grant Planning Permission.

63
Q

What is usually included with rep submissions when promoting land through the local plan?

A

Submit evidence to the council showing why the development you are proposing is actually needed. This might be from analysing the council’s own evidence or it could be brand new information you have prepared yourself. For example, you might submit evidence to show that the council needs to deliver a significant number of new homes in a particular town.

Demonstrate why your site is suitable for the type of development that is needed. This requires specialist evidence relating to traffic, ground conditions, ecology, landscape and heritage. A masterplan for the proposed development is useful as well, to show how the development could actually look. Often there will be more than one potential site for the development that is needed; where possible, your evidence should show that your site is better than the alternatives.

64
Q

Please can you give me some example of the pre-occupation planning conditions that you had to deal with?

A

Dealt with by Technical Team but I have assited in discharging s.106 obligations.

Monitoring fees

Employment contribution to the Planning Authority

Initial consultation for the Controlled Parking Zone

Car club prior to occupation

Affordable housing programme

Travel plan

65
Q

What is the consequence of failing to discharge conditions at the correct time?

A

If conditions are not discharged or adhered to you can be subject to planning enforcement action in the form of a Temporary Stop Notice which will prevent you from working on site, or a Breach of Condition Notice which will be visible indefinitely on all future land/property searches.

Amongst others:
Service of a Temporary Stop Notice – closing down any works on the site
Issue of a Breach of Condition Notice
Issue of an Enforcement Notice
A need to re-submit a full planning application to the Council if the consent is invalidated
A record on Land Charges Searches that the development is unauthorised (and possible subject to enforcement action)
Potential difficulties in raising funds against or selling of the land or building
Prosecution if subsequent enforcement notices are not complied with
Undertaking works to a listing building in breach of conditions is a criminal offence

66
Q

How do you promote a site ?

A
  1. planning promotion agreement
  2. written representation in call for sites
  3. submit planning application
  4. Appeal
  5. Decision- Purcahse or sell and split profit with landowner
67
Q

What are the changes to CIL in respect in COVID

A

To help small and medium sized developers by introducing amendments to the Community Infrastructure Levy Regulations 2010 to enable charging authorities to defer payments, to temporarily disapply late payment interest and to provide a discretion to return interest already charged where they consider it appropriate to do so

68
Q

What changes have been made to planning consultation as a result of Covid ?

A

Local planning authorities (and applicants of EIA development under the TCPA) now have the flexibility to take other reasonable steps to publicise applications if they cannot discharge the specific requirements for site notices, neighbour notifications or newspaper publicity. These steps will notify people who are likely to have an interest in the application and indicate where further information about it can be viewed online. These steps can include the use of social media and other electronic communications and must be proportionate to the scale and nature of the proposed development.

69
Q

When do local plans need to be made up to date ?

A

A requirement for all local authorities to have up-to-date Local Plans in place by December 2023, or see government intervention. “The government will prepare to intervene where local authorities fail to meet the deadline in accordance with the existing statutory powers, considering appropriate action on a case by case basis.”

70
Q

What are the recent changes to neighbourhood plans ?

A

No elections or referendums can take place until 6 May 2021. This includes neighbourhood planning referendums. These provisions will be kept under review and may be amended or revoked in response to changing circumstances.

71
Q

Who is te current Housing Secretary ?

A

Robert Jenrick

72
Q

What part of the act governs planning appeals

A

Planning Appeals are governed by Section 78 of the Town and Country Planning Act 1990 (as amended).

73
Q

What are the diffrent types of appeal ?

A

Householder Appeal (aka Fast Track appeals, set at 12 weeks from the Start Letter and only applicable to Householder applications (extensions and outbuildings not new houses))

Written Representations – one of the quickest routes to obtaining consent, limited to matters that can be dealt with by exchange of evidence and not discussion or cross-examination.

Hearings (aka Informal Hearings) – becoming more common in place of Inquiries, allows for discussion around the table and questions from the Inspector

Public Inquiries – the most formal of processes, whilst not essential most teams are supported by solicitors or barristers. Led by the Inspector a PI is comprised of opening statements, expert evidence (appellant followed by third parties, then LPA) under examination, cross examination and possibly re-examination, local resident statements, conditions, s106 matters, then closing statements. The Inspector will then either close the Inquiry and undertake a site visit with no further evidence, or leave the Inquiry open to allow for comments on the site visit and close it on site.

74
Q

What appeal options do you generally have

A

Appeal against non-determination (must be made within 6 months of the expiry of statutory period or EoT)

Consider a tandem application submission alongside the appeal following a refusal, this is a free go within 12 months of a decision and hope that the LPA deal with any application in a timely manner to enable the appeal to be withdrawn.

75
Q

What is the recent update on CIL

A

The government will introduce amendments to the Community Infrastructure Levy Regulations 2010 to enable charging authorities to defer payments, to temporarily disapply late payment interest and to provide a discretion to return interest already charged where they consider it appropriate to do so for developers that have an annual turnover of less than £45 million.

Under cil reg 2010 69B- councils can allow CIL to be paid in one or more instalment and can sent the date on which each payment is due.

76
Q

Recent update on S.106

A

There are greater flexibilities within section 106 planning obligations than CIL. Where the delivery of a planning obligation, such as a financial contribution, is triggered during this period, local authorities are encouraged to consider whether it would be appropriate to allow the developer to defer delivery.

Deferral periods could be time-limited, or linked to the government’s wider legislative approach and the lifting of CIL easements (although in this case we would encourage the use of a back-stop date). Deeds of variation can be used to agree these changes. Local authorities should take a pragmatic and proportionate approach to the enforcement of section 106 planning obligations during this period. This should help remove barriers for developers and minimise the stalling of sites.

77
Q

What types of obligations can a LA include in s.106 to ensure the delivery of affordable house

A

Not to occupy more than 25% of market housing units until 50% of the affordable housing has been constructed and ready for occupation

Not to occupy any of the market housing units on each phase until the required affordable housing units for the previous phase are constructed and ready for occupation.

78
Q

What is DDA compliance?

A

The Disability Discrimination Act - Understanding the Legalities. In 1995, the Disability Discrimination Act (DDA) made it mandatory for all establishments and service providers that are open to the public to take reasonable steps provide access for disabled people.

79
Q

Tell me about the potential requirement for Environmental Assessment and where this is found in legalisation/policy.

A

Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (the ‘2017 Regulations’)
NPPF
For developments over 5 Ha, or 150 units

80
Q

Do RICS provide any guidance on RLVs or valuing development property?

A

RICS professional standards and guidance, global Valuation of development property 1st edition, October 2019

What is development property defined as?

IVS 410 defines development property as ‘an interest where redevelopment is required to
achieve the highest and best use, or where improvements are either being contemplated
or are in progress at the valuation date’

This includes:
• ‘The construction of buildings,
• Previously undeveloped land, which is being provided with infrastructure,
• The redevelopment of previously developed land,
• The improvement or alteration of existing buildings or structures,
• Land allocated for development in a statutory plan, and
• Land allocated for a higher value use or higher density in a statutory plan’.

81
Q

What is the new regulations for Publicity requirements for planning applications

A

Town and Country Planning (Development Management Procedure, Listed Buildings and Environmental Impact Assessment) (England) (Coronavirus) (Amendment) Regulations 2020. Guidance

82
Q

What does the Town and Country Planning (Development Management Procedure, Listed Buildings and Environmental Impact Assessment) (England) (Coronavirus) (Amendment) Regulations 2020. Guidance do ?

A

The temporary requirements increase the minimum period authorities must give in a newspaper notice
and on their website inviting representations on planning applications from 14 to 21 days (or longer
where the period includes bank or public holidays). The period of 30 days for environmental impact
assessment applications and the minimum 21 day period for listed building consents remain
unchanged. The amendments will expire on 31 December 2020.

Can use social media

83
Q

What are the changes to permitted development rights ?

A

Many establishments are now making use of the temporary Use Class DA which allows A3 (restaurants and cafes), A4 (drinking establishments), mixed uses within A3 and A4 and drinking establishments with
expanded food provision to temporarily change use to the provision of take away food until 23 March 2021.

84
Q

Has there been any changes to CIL

A

Instalment policies adopted by some authorities allow developers to pay in instalments. Otherwise, CIL is
payable in full 60 days from the intended commencement date

85
Q

What is in changes are in place for s.106 agreements as a result of Covid ?

A

MHCLG’s latest guidance encourages councils to consider whether it would be appropriate to allow
developers to defer section 106 obligations triggered during the COVID-19 outbreak through deeds of
variation. Councils are encouraged to take a “pragmatic and proportionate approach” to the enforcement to help remove barriers for developers and minimise the stalling of sites.

86
Q

What is happening with Planning appeals as a result of COVID ?

A

The Planning Inspectorate has produced updated guidance on site visits, inquiries and hearings. Site visits will be commencing “where it is safe to do so” and the Inspectorate will be considering whether there are cases that can proceed without site visits.

Following a successful pilot of the first fully digital hearing on 11 May, the Inspectorate hopes that at least a further 20 examinations, hearings and inquiries will follow during May and June. Progressing cases through hybrid means involving a mix of different procedures or events where some parties may attend in person and others by video / telephone links or “social distanced” events are also being explored

87
Q

What is happening with plan making as a result of COVID ?

A

Consideration of the processes involved in plan making continues. Councils are being encouraged to assess and update their Statements of Community Involvement where policies cannot be complied with due to the effects of COVID-19. Temporary amendments may allow online engagement methods, such as virtual exhibitions, digital consultations, video conferencing, social media and provision of documents online.

MHCLG is exploring other ways to facilitate progress in local plan making. At present, no neighbourhood
plan referendums can take place until 6 May 2021, although this will remain under review. In the meantime, neighbourhood plans awaiting referendum can be given significant weight under amended guidance

88
Q

Which of the A use classes is the best and why

A

A5 is the best as it can be changed to all the other A use classes

89
Q

What are the planning enforcement timescales ?

A

In the case of any other breach of planning control, no enforcement action may be taken after the end of the period of ten years beginning with the date of the breach- change of use.

Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially completed.

90
Q

What status does local plans have when determining planning applications ?

A

Paragraph 2 on the NPPF states that Planning law requires that applications for planning permission be determined in accordance with the development plan, unless material considerations indicate otherwise

91
Q

What is Double dipping in planning

A

Means that developers could end up paying twice towards the same infrastructure

92
Q

What is affordable housing ?

A

housing for sale or rent, for those whose needs are not met by the market (including housing that provides a subsidised route to home ownership and/or is for essential local workers); and which complies with one or more of the following definitions:

Affordable housing for rent

starter homes

Discounted market sales

Other affordable routes to home ownership: Help to buy and shared ownership

93
Q

What is affordable rent for housing

A 
meets all of the following conditions: (a) the rent is set in accordance with the Government’s rent policy for Social Rent or Affordable Rent, or is at least 20% below local market rents (including service charges where applicable); (b) the landlord is a registered provider, except where it is included as part of a Build to
Rent scheme (in which case the landlord need not be a registered provider); and (c) it includes provisions to remain at an affordable price for future eligible households, or for the subsidy to be recycled for alternative affordable housing provision. For Build to
Rent schemes affordable housing for rent is expected to be the normal form of affordable housing provision (and, in this context, is known as Affordable Private Rent)
94
Q

What is starter homes

A

is as specified in Sections 2 and 3 of the Housing and Planning Act 2016 and any secondary legislation made under these sections. The definition of a starter home should reflect the meaning set out in statute and any such secondary legislation at the time of plan-preparation or decision-making. Where secondary
legislation has the effect of limiting a household’s eligibility to purchase a starter home to those with a particular maximum level of household income, those restrictions should be used.

95
Q

What is discounted market sale ?

A

is that sold at a discount of at least 20% below
local market value. Eligibility is determined with regard to local incomes and local house prices. Provisions should be in place to ensure housing remains at a discount for future eligible households.

96
Q

What is a material consideration in planning terms ?

A 
Overlooking/loss of privacy
Loss of light or overshadowing
Parking
Highway safety
Traffic
Noise
Effect on listed building and conservation area
Layout and density of building
Design, appearance and materials
Government policy
Disabled persons' access
Proposals in the Development Plan
Previous planning decisions (including appeal decisions)
Nature conservation

However, issues such as loss of view, or negative effect on the value of properties are not material considerations.

97
Q

What should be considered if an application is not to be considered to not not be a fundamental change for a s73 application ?

A

Provided that those amendments do not result in the scale and nature of the development being substantially different from the one previously approved. One must look at the permission as a whole.

98
Q

What law relates to Environmental Impact Assessments ?

A

Town and Country Planning (Environmental Impact Assessment) Regulations 2017

99
Q

What is the process of an Environmental Impact Assessment ?

A
  1. Screening.
  2. Appeal.
  3. Scoping- can appeal if LPA does not come back on time.
100
Q

When is an EIA required ?

A

Under schedule 2

(i) The development includes more than 1 hectare of urban development which is not dwelling house development; or
(ii) the development includes more than 150 dwellings; or
(iii) the overall area of the development exceeds 5 hectares.

101
Q

What is a Major Development ?

A

For housing, development where 10 or more homes will be provided, or the site has an area of 0.5 hectares or more.

For non-residential development it means additional floorspace of 1,000m2 or more, or a site of 1 hectare or more, or as otherwise provided in the Town and Country Planning (Development Management Procedure) (England) Order 2015.

102
Q

What is an EIA

A

Environmental Impact Assessment (EIA) is a means of drawing together an assessment of the likely significant environmental effects arising from a proposed development in a systematic way

103
Q

what is included in schedule 1 of Town and Country Planning (Environmental Impact Assessment) Regulations 2017

A

Schedule 1 to the 2017 EIA Regulations always require EIA. These tend to be larger developments or those with potentially the most significant environmental effects, such as airports, oil refineries, or motorways.

104
Q

what is a s73 ?

A

Section 73 of the Town and Country Planning Act 1990 enables an applicant to apply to develop land without compliance with conditions attached to an extant previous planning permission

105
Q

Do you get a new planning permission

A

Under this section a local planning authority may amend or remove conditions but may not amend any other part of the permission. A successful
s.73 application results in the grant of a new planning permission and therefore the original permission remains intact. A developer may then elect between them.

106
Q

What is an annual position statement ?

A

A document setting out the 5 year housing land supply
position on 1st April each year, prepared by the local planning authority in consultation with developers and others who have an impact on delivery.

107
Q

In what exceptional circumstances can you develop of greenbelt land ?

A

a) makes as much use as possible of suitable brownfield sites and underutilised land;

b) optimises the density of development in line with the policies in chapter 11 of this Framework, including whether policies promote a significant uplift in
minimum density standards in town and city centres and other locations well served by public transport;

c) has been informed by discussions with neighbouring authorities about whether they could accommodate some of the identified need for development, as demonstrated through the statement of common ground

108
Q

what are the exceptions to building on the greenbelt ?

A

a) buildings for agriculture and forestry;
b) the provision of appropriate facilities (in connection with the existing use of land or a change of use) for outdoor sport, outdoor recreation, cemeteries and burial grounds and allotments; as long as the facilities preserve the openness of the Green Belt and do not conflict with the purposes of including land within it;
c) the extension or alteration of a building provided that it does not result in disproportionate additions over and above the size of the original building;
d) the replacement of a building, provided the new building is in the same use and not materially larger than the one it replaces;
e) limited infilling in villages;

f) limited affordable housing for local community needs under policies set out in the development plan (including policies for rural exception sites);
g) limited infilling or the partial or complete redevelopment of previously developed
land, whether redundant or in continuing use (excluding temporary buildings),

109
Q

What are the different types of planning conditions ?

A

Pre Demolition- Ecological assessment

Pre commencement- Materials details, landscaping details, ground water monitoring, site waste management plan

Time limit- 3 years

Approved drawings

Pre-occupancy- Noise, energy efficiency, SUDS, sustainability assessment and remediation works.

Post occupancy monitoring and management.

110
Q

How do you calculate planning fees on outline planning applications

A

Calculated based on site area

less than 2.5 ha- £462 per 0.1 hectares
More than 2.5 ha- £11,432 + £138 per 0.1 hectare up to a maximum of £150k

111
Q

How much are reserved matters fees ?

A

Up to 50 units- £462

More than 50 units- £22,859 + £138 per unit with a max of 300k

112
Q

How much are approval/ variation/ discharge of condition application and s96a applciations ?

A

£234 each

113
Q

What is Permission in Principle ?

A

Town and Country Planning (Permission in Principle) (Amendment) Order 2017

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. The permission in principle consent route has 2 stages: the first stage (or permission in principle stage) establishes whether a site is suitable in-principle and the second (‘technical details consent’) stage is when the detailed development proposals are assessed.

114
Q

How much is planning permission in principle ?

A

£402 for each 0.1ha

115
Q

What is the london plan ?

A

The London Plan is the overall strategic plan for London setting out an integrated economic, environmental, transport and social framework for the development of London for the next 20-25 years

116
Q

What key polices are are within the London plan

A

Policy 2.6 – Outer London: vision and strategy
Policy 2.7 – Outer London: economy
Policy 2.8 – Outer London: transport
Policy 2.14 – Areas for regeneration
Policy 3.1 – Ensuring equal life chances for all
Policy 3.2 – Improving health and addressing health inequalities
Policy 3.3 – Increasing housing supply
Policy 3.4 – Optimising housing potential
Policy 3.5 – Quality and design of housing developments
Policy 3.6 – Children and young people’s play and informal recreation facilities
Policy 3.7 – Large residential developments
Policy 3.8 – Housing choice
Policy 3.9 – Mixed and balanced communities
Policy 3.10 – Definition of Affordable Housing
Policy 3.11 – Affordable housing targets
Policy 3.12 – Negotiating affordable housing on individual private residential and
mixed-use schemes
Policy 3.13 – Affordable Housing thresholds.
Policy 3.14 – Existing housing
Policy 3.15 – Co-ordination of housing development and investment.
Policy 3.16 – Protection and enhancement of social infrastructure
Policy 3.17 – Health and social care facilities
Policy 3.18 – Education facilities
Policy 3.19 – Sports facilities
Policy 4.1 – Developing London’s economy
Policy 4.12 – Improving opportunities for all
Policy 5.1 – Climate change mitigation
Policy 5.2 – Minimising carbon dioxide emissions
Policy 5.3 – Sustainable design and construction
Policy 5.5 – Decentralised energy networks
Policy 5.6 – Decentralised energy in development proposals
Policy 5.7 – Renewable energy
Policy 5.9 – Overheating and cooling
Policy 5.10 – Urban greening
Policy 5.11 – Green roofs and development site environs
Policy 5.12 – Flood risk management
Policy 5.13 – Sustainable drainage
Policy 5.15 – Water use and supplies
Policy 5.18 – Construction, excavation and demolition waste
Policy 5.21 – Contaminated land
Policy 6.9 – Cycling
Policy 6.10 – Walking
Policy 6.12 – Road network capacity
Policy 6.13 – Parking
Policy 7.1 – Lifetime neighbourhoods
Policy 7.2 – An inclusive environment
Policy 7.3 – Designing out crime
Policy 7.4 – Local character
Policy 7.5 – Public realm
Policy 7.6 – Architecture
Policy 7.7 – Location and design of tall and large buildings
Policy 7.14 – Improving air quality
Policy 7.15 – Reducing noise and enhancing soundscapes
Policy 7.18 – Protecting local open space and addressing local deficiency
Policy 7.19 – Biodiversity and access to nature
Policy 7.21 – Trees and woodlands

117
Q

What is the new London plans status

A

It is currently in the Intend to publish stage (Dec 2019) but the SOS has responded with Directions due to inconsistencies.

118
Q

What new policies are within the new London plan

A

GG6 – Increasing efficiency and resilience – supports the move towards a low carbon circular economy contributing towards London becoming a zero-carbon
city by 2050

D3 - Optimising site capacity through the design-led approach – reinforces the responsibility for new development to make the most efficient use of land and to optimise site capacity through a design led approach based on an evaluation of the site’s attributes and surrounding context.

D4 – Delivering good design- introduces requirements for design scrutiny including the use of design review

D6 Housing quality and standards – introduces a stronger policy on housing standards including minimum space standards and qualitative standards. Private outside space standards are also included

D 8 – Public Realm – development proposals should encourage and explore opportunities to create new public realm where appropriate

D 12 – Fire Safety. All development proposals must achieve the highest standards of fire safety and must ensure that they identify suitable positioned
unobstructed outside space for fire appliances to be positioned on and incorporate appropriate fire alarm systems and passive and active fire safety
measures and are constructed in an appropriate way so as to minimise the risk of fire spread. Part B requires that all major development proposals should be
submitted with a Fire Statement produced by a third party suitably qualified assessor.

H4 – Delivering Affordable Housing – the strategic target is for 50% of all new homes across London to be genuinely affordable. The Mayor expects that
residential proposals on public land should deliver at least 50% affordable housing.

H8 – Loss of existing housing and estate redevelopment – loss of existing housing should be replaced by new housing at existing or higher densities with at least the equivalent level of overall floorspace. This policy also encourages the replacement of an equivalent amount of affordable housing floorspace. Viability Testing required.

S4 – Play and Informal Recreation – stresses the importance of safe and stimulating play as essential for children and young people’s mental and physical
health and requires that at least 10 m2 of accessible play provision be provided in residential developments

G4 – Open Space – promotes the creation of new areas of publicly accessible open space especially in areas with the potential for substantial change. Ensure
that open space, particularly green space, included as part of development remains publicly accessible. Development proposals should not result in the loss
of protected open space and where possible create areas of publicly accessible open space particularly in areas of deficiency.

119
Q

What were the local plan core strategy policies in your place of work ?

A

Core Policy 1: Strategic growth areas
Core policy 2: Housing supply and locations for new homes
Core policy 3: Affordable housing
Core Policy 4: Housing quality
Core Policy 5: Housing types
Core Policy 6: Housing need
Core Policy 8: Education
Core Policy 9: Supporting Community Cohesion
Core Policy 20: Sustainable Energy use and energy infrastructure
Core Policy 21: Delivering sustainable water supply, drainage and sewerage
infrastructure
Core Policy 24: The road network
Core Policy 25: Pedestrians and cyclists
Core Policy 26: Public transport
Core Policy 28: Managing flood risk through development
Core Policy 29: Flood management infrastructure
Core Policy 30: Maintaining and improving the quality of the built and open
environment
Core Policy 31: Built and landscape heritage
Core Policy 32: Pollution
Core Policy 34: Parks, playing fields and other open spaces
Core Policy 36: Biodiversity
Core Policy 40: North East Enfield

120
Q

What were the Development Management Document policies in your place of work ?

A

DMD1: Affordable Housing on Sites Capable of Providing 10 units or more
DMD3: Providing a Mix of Different Sized Homes
DMD4: Loss of existing residential units
DMD6: Residential Character
DMD8: General Standards for New Residential Development
DMD9: Amenity Space
DMD10: Distancing
DMD15: Specialist Housing Need
DMD 16: Provision of new community facilities
DMD 17: Protection of community facilities
DMD 18: Early Years Provision
DMD 37: Achieving High Quality and Design-Led Development
DMD 38: Design Process
DMD 42: Design of civic/public buildings and institutions
DMD 43: Tall Buildings
DMD45: Parking Standards and Layout
DMD47: New Road, Access and Servicing
DMD48: Transport Assessments
DMD49: Sustainable Design and Construction Statements
DMD50: Environmental Assessments Method
DMD51: Energy Efficiency Standards
DMD 52: Decentralized energy networks
DMD53: Low and Zero Carbon Technology
DMD55: Use of Roofspace/ Vertical Surfaces
DMD57: Responsible Sourcing of Materials, Waste Minimisation and Green
Procurement
DMD58: Water Efficiency
DMD59: Avoiding and Reducing Flood Risk
DMD 60: Assessing Flood Risk
DMD 61: Managing surface water
DMD 62: Flood control and mitigation measures
DMD 63: Protection and improvement of watercourses and flood defences
DMD64: Pollution Control and Assessment
DMD65: Air Quality
DMD 66: Land contamination and instability
DMD68: Noise
DMD69: Light Pollution
DMD 70: Water Quality
DMD 71: Protection and enhancement of open space
DMD 72: Open Space Provision
DMD 73: Child Play Space
DMD 76: Wildlife corridors
DMD 77: Green chains
DMD 78: Nature conservation
DMD79: Ecological Enhancements
DMD80: Trees on development sites
DMD81: Landscaping

121
Q

What are the determining documents that Enfield uses to determine planning applications

A

Development Management documents
Core strategy
London Plan
NPPF

122
Q

What is a Development Management Plan ?

A

This Development Management Document, (DMD) provides detailed criteria and standard based policies
by which planning applications will be determined and will be a key vehicle in delivering the vision and
objectives for Enfield as set out in the Core Strategy.

123
Q

What is a core strategy ?

A

This Core Strategy sets out a spatial planning framework for the long term development of the
Borough for the next 15 to 20 years. It is a strategic document providing the broad strategy
for the scale and distribution of development and the provision of supporting infrastructure,
ensuring that investment decisions are not made in isolation but are properly coordinated to
ensure development is sustainable. I

124
Q

What can a S.106 obligation do ?

A

restrict the development or use of the land in any specified way.

require specified operations or activities to be carried out in, on, under or over the land

require the land to be used in any specified way; or

require a sum or sums to be paid to the authority (or, to the Greater London Authority) on a specified date or dates or periodically.

125
Q

What are the planning requirements for signage

A

???

126
Q

Do I need planning permission for directional signs

A

???

127
Q

What needs to be submitted when discharging a planning conditions ?

A 
Planning Application 
Fees
Supporting documents 
cover letter
Detail condition to be discharged
128
Q

What guidance note relates to the valuation of development property ?

A

Valuation of development property 1st edition, October 2019

129
Q

What is the Valuation of development property 1st edition, October 2019 about ?

A

The principles set out in this guidance note apply to all valuations of development property and should be read in conjunction with RICS Valuation – Global Standards 2017 (Red Book Global Standards) – incorporating the International Valuation Standards
(IVS), in particular IVS 410

130
Q

What two methods of valuation are used to value development property

A

In the case of the valuation of development property, valuations are normally
undertaken in two ways:
• the market comparison approach and
• the residual method.

131
Q

What does IVS say about how to value development property ?

A

The valuer should apply a minimum of two appropriate and recognised methods to valuing development property for each valuation project …

132
Q

Give examples of special assumptions ?

A

A situation where a bid from a special purchaser has been made, or can be reasonably anticipated

A situation where the interest being valued cannot be offered freely and openly in the market

A past change in the physical aspects of the property or asset where the valuer has to assume those changes have not taken place.

An impending change in the physical aspects of the property, such as a new building to be constructed or an existing building to be refurbished or demolished
an anticipated change in the mode of occupation or trade at the property.

The treatment of alterations and improvements carried out under the terms of a lease.

The property may be affected by environmental factors, including natural (such as flooding), non-natural (such as contamination) or existing use issues (such as a non-conforming user).

Vacant possession

Adjoining land agreement and vehicular access

In compliance with planning application

Purchasers costs

133
Q

What is the difference between a planning condition and planning obligation ?

A

One is attached to the planning permission

The other is required as part of a legal obligation

134
Q

What is a unlilaral undertaking

A

A unilateral undertaking like a S.106 agreement is a legal deed where developers covenant to perform planning obligations however unlike S.106 agreements they don’t have to be entered into by the local authority. A unilateral undertaking comes into effect when planning permission to which they are linked is granted.

135
Q

When will a Unilateral undertaking be entered into ?

A

Where financial contributions are known at an early stage and the package of
planning obligations is relatively straight forward, namely involving commuted
payments for affordable housing (for 1-9 unit schemes), or permit free obligations,
applicants are encouraged to submit a unilateral undertaking with their
application. The intention is that the unilateral undertaking can be included with the suite of documents associated with the planning application. While S.106
agreements are often prepared following Planning Applications Committee (PAC)
the draft form of unilateral undertaking can usually be agreed prior to PAC (the
heads of terms may need to be changed following PAC decision on the
application) thereby avoiding delays in getting a final decision. Unilateral
undertakings will not usually be appropriate for major applications including applications for 10 or more new dwellings.

136
Q

What is a s.106 agreement ?

A

As part of the planning process, the Council and a developer seeking planning
permission may enter into a legal agreement that will set out the terms for the developer to provide or fund the provision of infrastructure, services, or other impact mitigation measures or planning controls on or off the development site.

This agreement is referred to as a “Section 106 Agreement or Planning
Obligation”.

137
Q

What’s new with pooling restrictions ?

A

The ‘pooling’ mechanism was introduced to encourage the adoption of CIL by local authorities, by restricting the number of contributions from section 106 agreements to just 5 per infrastructure project or type. However, it has been seen to be a barrier to development, because some applications were refused when the limit on the number of pooled contributions had already been met.

With the removal of this requirement, local planning authorities will again be permitted to collect more than five contributions to fund the same infrastructure, by using s.106 planning agreements. Whilst this sounds like developers will be at risk of paying for the same infrastructure twice (through both s.106 obligations and CIL), it is important to note that the tests in Regulation 122 will continue to apply, and so the s.106 agreement will still need to be (a) necessary to make the development acceptable in planning terms, (b) directly related to the development, and (c) fairly and reasonably related in scale and kind to the development.

138
Q

What’s been updated as part of the new CIL regulations 2019

A
  1. Removal of pooling restrictions
  2. Limits on monitoring fees

3, clarification on how to calculate increase in floor area after CIL.

139
Q

What’s does the CIL regulations 2019 say about s73

A

If the liability increases because of changes to floorspace that new floorspace will be charged at the latest indexed rate - the rest will be charged at the rate in place when the original development was first permitted;

140
Q

What is an addendum

A

an item of additional material added

141
Q

What are the different levels of grading

A

Grade I buildings are of exceptional interest, only 2.5% of listed buildings are Grade I

Grade II* buildings are particularly important buildings of more than special interest; 5.8% of listed buildings are Grade II*

Grade II buildings are of special interest; 91.7% of all listed buildings are in this class and it is the most likely grade of listing for a home owner.

142
Q

What is a scheduled monument

A

A scheduled monument is an historic building or site that is included in the Schedule of Monuments kept by the Secretary of State for Digital, Culture, Media and Sport. The regime is set out in the Ancient Monuments and Archaeological Areas Act 1979 (1).

143
Q

What is planning guarantee

A

Fees will be refunded if application is not determined within 26 weeks

RICS Planning And Development 2020 (18 decks)

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