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Pathway To Chartership P2C > Planning > Flashcards

Planning Flashcards

1
Q

What is a tree preservation order?

A

It’s a protection measure placed on specific tree or groups of trees on the basis of their landscape value.

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2
Q

What is an Article 4 Direction?

A

It’s the removal of development rights in areas of permitted development.

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3
Q

Whats the duration of the site notification for the public to respond, when a planning application is submitted?

A

21 days

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4
Q

Which agreement is relevant to proposed modifications to the existing highway network?

A

A section 278 agreement

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5
Q

What is an Environmental Statement?

A

It is the document that describes the findings of the EIA process.
Landscape architect inform only the Landscape and Visual Impact assessment only.

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6
Q

How long will it take for an LPA to decide on a planning application if there is an EIA included?

A

16 weeks

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7
Q

When talking about a section 278 agreement , which document is this section part of?

A

The Highways Act 1980

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8
Q

What is considered to be “development”

A

It’s the carrying out of building engineering or mining works on, in, over or under land

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9
Q

What is a Reserve Matter application?

A 
It’s an application following an Outline planning application providing more details. 
SAALL 
- size
-access
-appearance
-landscape
-layout
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10
Q

How long is approval of a Full planning application valid for?

A

3 years

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11
Q

Who is responsible for AONB’s?

A

Natural England

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12
Q

What type of permission do you need in order to perform works on a Listed Building?

A

Building Consent

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13
Q

What is LPA ?

A

Local Planning Authority

  • Planning committee made of elected members of the council
  • it can be delegated to a planning officer
  • if the case is sensitive and has many objections it can go to the secretary of state
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14
Q

In UK who does decide whether or not a building project can go ahead?

A

Town and Country Planning Act - 1990

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15
Q

What are the different types of Planning Application and when would you use them?

A
  • Full planning - detailed planning application, containing all the details of the scheme
  • Outline planning - broad scheme usually submitted to establish whether the development is acceptable
  • Reserved matters - is unresolved elements of an outline application
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16
Q

What documents are needed to provide for Planning Application

A

Documents :

  • complete application form
  • the correct fee
  • ownership certificates
  • agricultural holdings certificates
  • part 1 notice
  • location plan (red line boundary)
  • site plan
  • drawings numbering for plans
  • elevations
  • section drawings
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17
Q

What is Planning System?

A

Planning is a mechanism for controlling and guiding the use of all land and building and the process of change in environmental use in the environment.

The principle of the planning system ensures that the right development happens in the right place at the right time

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18
Q

The structure of the planning system: UK

A

Primary Legislation – sets out primary and secondary legislation which sets out the basic framework within the planning system.

National Planning Policy – The Government sets out the basic objectives of the planning system and forms the framework.

Strategic (Regional) - Abolished in England, but London runs at a strategic level, through the Localism Act 2011

Local Development Plans (Local Plans) - are the main documents that guide development in a local authority area.

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19
Q

What is the primary planning legislation in the UK? 

A

Town & Country Planning Act 1990
Planning Act 2008
Localism Act 2011

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20
Q

Explain the structure of the local planning authorities

A

County Council Level - are responsible for the Transport, Materials and Waste.

District Council Level - are responsible for most planning matters.

Parish Council Level - key role in commenting on planning applications.

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21
Q

What are the different types of planning applications?

A 
Full planning application
Outline application
Reserve matters application
TPO
Listed Building
Conservation
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22
Q

Explain plain the process of a planning application?

A

Pre-app discussions

Register application - with mandatory supporting information

Publicise Application - Notification & consultation with community & Statutory consultees (No less than 21 days)

Determinisation of application - 8 Weeks for Minor, 13 Weeks for Major, Major with EIA - 16 weeks

Planning decision - Granted, Granted with conditions or Refused

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23
Q

What is the purpose of an EIA?

A

It’s a process that identifies the environmental effects of development proposals, it aims to avoid, reduce, and offset any adverse impacts.

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24
Q

What is the process for an EIA?

A

Consists of 8 main sections:

  1. Screening
  2. Scoping
  3. Baseline
  4. Identification of effects
  5. Assessment of effects
  6. Mitigation
  7. Preparation of the ES
  8. Monitoring & Auditing
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25
Q

How would you advise a client if the application was refused planning?

A

They can amend the drawing to resolve the reason for refusal;

Or, they can make an application for an appeal;

Or, If they believe some information was over looked, they can make a request for Judicial review.

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26
Q

Who is Planning Inspectorate

A

The Planning Inspectorate (on behalf of the Secretary of State) will determine whether an appeal should be : Written, Hearing or Public enquiry.

They are an Executive Agency which serves the Department for Communities and Local Government in England and the National Assembly for Wales.

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27
Q

What are the different forms of appeal?

A

Written:
Planning Hearing
Public Inquiry

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28
Q

Explain the Written form of appeal:

A
  • When the case can be assessed and understood from the appeal documents and a site inspection;
  • With the complexity being relatively simplistic;
  • A statement of case would be produced, no less than 3,000 words.
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29
Q

Explain the Planning Hearing form of appeal

A
  • Submission of written evidence (Statement of case);
  • An informal hearing once all the written submissions have been received
  • Presenting planning augments to an inspector in person;
  • Usually completed in one day or less;
  • Suitable for straightforward appeals.
30
Q

Explain the Public Inquiry form of appeal:

A
  • local inquiry is more formal procedure than the informal hearing route;
  • legal issues may need to be considered;
  • Main parties will usually have legal representatives & witnesses;
  • Planning Inspectorate will expect to have received various documents prior to Inquiry;
  • All parties will have the opportunity to present their case, and witnesses;
  • An inquiry may take one or several days, or in some cases weeks.
31
Q

how long do you have to make an appeal?

A

It has to be submitted to the Planning Inspectorate within:
6 Months of the decision- If you disagree
28 Days - against enforcement notice

32
Q

What is the difference between a Section 106 and a Condition?

A

A section 106 is a Private Agreement between the developer and the local authority to make acceptable development which otherwise be unacceptable in planning terms and are used for 3 purposes: Prescribe, Compensate and Mitigate.

Planning conditions, the LPA may grant permission subject to condition for aspects of the development before you can proceed, this would enhance the quality of the development. The authority has to give reasons for the conditions.

33
Q

Explain CIL?

A

CIL is a Community Infrastructure Levy

It was brought in under the Planning Act 2008
It is a Planning Charge between the developer and the local authority
This is a set percentage, which the local authority can spend on Infrastructure.

34
Q

How can you create a new public right of way?

A
  • dedication by the landowner (called express dedication);
  • public use which has been unchallenged by the landowner (called presumed dedication);
  • agreement between the landowner and the local authority;
  • order made by the local authority.
35
Q

How can a developer consult the public?

A

Statement of Community Involvement

The SCI sets out standards to be achieved by the local planning authority in relation to involving the community in the preparation, alteration and continuing review of the Development Plan and in development control decisions.

The aim of this document is to set out how all sections of the community have been involved in the planning process.

These options include: meeting the parish council, notifying immediate neighbours, local exhibitions, newsletters, leaflets, Internet

36
Q

What are the roles of Officers, Consultees & Planning committees

A

Planning officers: assist with the operation of the planning system. Can approve small schemes through delignated powers

Secretary of State: oversees the planning system as a whole

Planning Inspectorate: is an executive agent of the Department for Communities and Local Government. are responsible for deciding most planning and enforcement appeals on behalf of the Secretary of State.

Statutory Consultees: Where there is a requirement set out in law to consult a specific body, who is then under a duty to respond providing advice on the proposal in question.

Non - Statutory Consultees: Where there are planning policy reasons to engage other consultees who - whilst not designated in law - are likely to have an interest in a proposed development

37
Q

Who are the key people in decision making in the planning system?

A

1) Councillors
2) Officers
3) Planning Inspectorate
4) Sec of State for DCLG

38
Q

What is the role of a councillor?

A
  • Is an elected person from local residents
  • Takes on the role of representing the views and aspirations of the community in plan-making and applications which may affect them
39
Q

What is the role of an officer?

A
  • LPA’s appoint planning officers to make planning decisions
  • Around 90% of decisions are made by a planning officer, and are typically applications which are minor and/or uncontroversial
  • Larger controversial applications will be made by committee with the recommendations from the officer
40
Q

What is the role of the Secretary of State for Housing, Communities and Local Government?

A
  • Overseas the planning system as a whole
  • Has a direct role in decisions concerning
  • Appeals system
  • Call-in process
  • NSIP’s
41
Q

What is the role of the planning inspectorate?

A
  • An executive agency of the Department for Housing, Communities and Local Government
  • Responsible for deciding most planning and enforcement appeals on behalf of the Secretary of State
  • A key role in NSIP’s
42
Q

What does the NPPF do?

A
  • Stream line planning system
  • Encourage sustainable development
  • Protect environment
  • Local and neighbourhood plans are central to the planning system
  • It is a material consideration for planning applications
43
Q

What is the procedure in making a decision on a ‘Nationally Significant Infrastructure Project’?

A

1) The planning inspectorate will examine a project application
2) Planning Inspectorate will then make a recommendation to the relevant Secretary of State
3) The Secretary of State will make the final decision to refuse or grant the application

44
Q

What are the four elements of soundness of the NPPF?

A
  • Positively Prepared
  • Justified
  • Effective
  • Consistent with national policy
45
Q

What is section 106 agreement?

A
  • A section 106 agreement is part of the Town and Country Planning Act 1990
  • It is also known as a ‘Planning Obligation’
  • They are used to mitigate or compensate for negative impacts of a development
46
Q

Give some examples of where a section 106 agreement might be used?

A
  • A requirement for development to include affordable housing
  • Compensation for loss of open space
  • Contribution to additional infrastructure to serve the development
47
Q

What is an Environmental Impact Assessment & when is one needed?

A

The procedure is a means of drawing together, in a systematic way, an assessment of a project’s likely significant environmental effects. This helps to ensure that the importance of the predicted effects, and the scope for reducing them, are properly understood by the public and the relevant competent authority before it makes its decision.

Is a process that identifies the sugnificant environmental effects (both negative & positive) of development proposals. It aims to avoid, reduce, and offset any adverse impacts, It allows the Local Planning Authority to make an informed decision when considering an application.

When?
EIA Regulations Schedule 1 –always need an EIA
EIA Regulations Schedule 2 –may need an EIA (assessed using criteria in Schedule 3)

48
Q

What types of projects always require an EIA?

A

Schedule 1 – significant energy projects e.g. power stations, chemical works, oil refinery

49
Q

How is significance assessed in schedule 2 projects?

A
  1. If there is a likely impact on the environment
  2. If the development is located in a sensitive area
  3. If it is a complicated project
50
Q

How is the need for an EIA determined?

A

Screening – Schedule 1 and 2 of the EIA Regulations

51
Q

Is an EIA required for outline planning and reserved matters?

A

An EIA can be requested by the LPA at any stage of the planning application process.

52
Q

What is an environmental statement?

A

A comprehensive document compiled of the impact assessments of various aspects of the environment and must include a non-technical summary.

53
Q

How is the content of an ES agreed ?

A

Scoping – Ask the Local Planning Authority for a scoping opinion in which they specify which aspects must be included in the ES e.g.LVIA, Ecology, Hydrology, Archaeology

54
Q

What is a Design and Access Statement?

A

A short report that accompanies a planning application.

Illustrates the process behind and explains and justifies design:

  • Access
  • Appearance
  • Landscape
  • Layout
  • Scale

Used as a tool for negotiation with the LPA and to explain the scheme to the local community.

55
Q

When is a Design and Access Statement required as part of a planning application?

A

Major Developments - full and outline

Development in a ‘designated area’ e.g. Conservation Area comprising of one or more dwellings / buildings with +100m2 floor space.

NB: 2010 National Parks / AONBs were excluded from ‘designated areas’

Listed Buildings

56
Q

What sort of Development does not require a Design and Access Statement?

A

Material change of use
Engineering works
Mining operations
Amendment of conditions attached to planning consent

57
Q

What is a major development?

A

Changes nation to nation.
England major development =

  • Development of minerals / waste
  • Greater than 10 dwellings / 0.5 hectares
  • Buildings greater than 1000m2
  • Development greater than 1 ha
  • EIA Schedule 1 development
58
Q

What is a material change of use?

A

Use = activities which are done in, alongside or on the land but which do not interfere with the actual physical characteristics of the land.

A change of use constitutes development only if it is material from a planning point of view.

59
Q

What is an NSIP? How is the planning process different for an NSIP?

A

Nationally Significant Infrastructure Project

Governed by the Planning Act 2008, amended by the Localism Act 2011

Require ‘Development Consent’

Applications made to and examined by PINs

Makes a recommendation to the Secretary of State

SoS makes the decision whether to grant / refuse development consent (Development Consent Order)

This makes the planning process quicker and avoids the need to apply for multiple different consents

60
Q

What is the process of an EIA?

A
  1. Screening
  2. Scoping
  3. Baseline
  4. Identification of effects
  5. Assessment of effects
  6. Mitigation
  7. Preparation of the ES
  8. Monitoring & Auditing
61
Q

What is the process of an LVIA?

A
  1. Description of project
  2. Scoping
  3. Consideration of the stages of the life cycle of the project
  4. Consideration of alternatives
  5. Baseline
  6. Identification and assessment of:
    a. landscape effects
    b. visual effects
  7. Mitigation
62
Q

What are landscape / visual effects?

A

Landscape effects =

Effects on the landscape as a resource. Receptors are the elements of the landscape which contribute to its character.

Visual effects =

Effects on the view and visual amenity as experienced by people. Receptors are people located within the landscape.

63
Q

What are listed buildings?

A

Buildings of special architectural / historic interest that are registered by Historic England.

Planning (Listed Buildings and Conservation Areas) Act 1990

Works to any listed building must first be consented by HE.

Trafford Waters:
All Saints Church, Grade 1 listed.
Barton-upon-Irwell Swing Aqueduct & Bridge are both Grade II* listed.

64
Q

What are conservation areas?

A

Conservation Area is a local designation made by the local planning authority to manage areas of special architectural or historic interest.
020.3
Planning (Listed Buildings and Conservation Areas) Act 1990

Effective management of a conservation area = character appraisal and accompanying management plan.

65
Q

What is a planning obligation?

A

NPPF suggests that a planning obligation is ‘a legally enforceable obligation entered into under section 106 of the Town and Country Planning Act 1990 to mitigate the impacts of a development proposal’

Offset the impact by making improvements.

66
Q

What is a Section 38?

A

Section 38 of the Highways Act.

LPA enters into legal agreement with developer to adopt a new highway provided the highway has been constructed to a specified standard and to the specification of the local highways authority.

67
Q

What are material considerations?

A

What are material considerations?
A material consideration is a matter that should be taken into account in deciding a planning application or on an appeal against a planning decision.

Material considerations can include (but are not limited to):

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
68
Q

Material amendment to planning permission

A

Where they are not significant changes, they may be described as ‘non-material amendments’. Section 96A of the Town and Country Planning Act 1990 permits applications for non-material amendment to existing planning permissions which remain subject to the original conditions and time limits.
Where changes are more significant, they may be described as ‘minor material amendments’. Section 73 of the Town and Country Planning Act 1990, allows an application to be made to permit conditions associated with the original permission to be varied or removed. This can be used to vary a condition that lists the drawings associated with the existing planning permission. If there is no such condition, one may be added using an application under section 96A of the Town and Country Planning Act 1990 and then a section 73 application to vary that condition.
Where an amendment is considered to be a ‘material amendment’ a complete new planning application is required.

69
Q

What is a screening opinion?

A

A Screening Opinion is required for categories of development above a certain size, or if they are within a sensitive area such as an AONB or SSSI. The Screening Opinion is the local planning authority’s assessment of whether an Environmental Statement should be submitted with the application. If
the application falls within the categories of development set out in Schedule 2 of the Regulations and either (a) meets or exceeds the size thresholds or (b) is within a sensitive area, a Screening Opinion is a mandatory requirement

70
Q

Describe the legislation, structure and principles of the planning system

A

Legislation: NPPF (National Planning Policy Framework)
· Structure: Two-tiered (National and Local) except in Metropolitan Areas where three-tiered.
· Principles: Development control based on issuing permits to regulate development (.e.g land use and new building).

71
Q

What are the timescales for planning applications?

A

Validation takes 3-5 days (10 if large)
Decision is made in 8 weeks, unusually large or complex applications - 13 weeks (if subject to EIA - 16 weeks)
The Planning Guarantee includes an absolute limit of 26 weeks (providing this is agreed in writing).

72
Q

Describe the procedure of appeal in planning

A

Within 6 months from decision
Addressed to the Planning Inspectorate who determines how the appeal will be dealt with
Inspector will visit the appeal site
3rd parties cannot appeal
occasionally the Secretary of State will decide

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