Planning Flashcards
What are the requirements for Class R?
- Building must have been used for agriculture on and before 3rd July 2012
- Building must be under 500sqm in size
- The site is outside of a military explosives storage area
- The site must be outside of a safety hazard area
- The building must not be listed or a scheduled monument
What was the cost of the Class R application?
£96
On a plan submitted as part of a planning application, what is required?
This depends on the validation requirements of the local authority, typically the copyright, north arrow, scale.
What goes into a design and access statement?
- Site location
- Site context
- Photographs
- Layout
- Massing and areas
- Sustainability
- Scale
- Materials and character
- Access
- Landscaping
- Appearance
How might flood risk affect planning potential? Can you mitigate against this?
If the development is in EA flood risk zone 2 or 3 its is best to get a Flood Risk Assessment to establish if the proposed development is likely to be affected by current or future flooding. An environmental or geotechnical engineer may be able to advise on mitigation.
The NPPF sets out policies to avoid inappropriate development in areas at risk of flooding.
Are Neighbourhood Plans binding / law?
A neighbourhood plan attains the same legal status as a local plan. Planning applications must be determined in accordance with the development plan - section 38(6) of the Planning and Compulsory Purchase Act 2004).
How must local plans created?
Local plans must be positively prepared, justified, effective and consistent with national policy in accordance with section 20 of the Planning and Compulsory Purchase Act 2004 (as amended) and the National Planning Policy Framework.
Tell me what went into the planning statements that you have written?
A planning statement for Full Planning application I have written included:
● Context of the application
● Pre-application consultation
● Character of the Area
● Current Use
● Site and Proposal
● Justification
● Planning History
● Planning Policy
● Conclusions
What impact does the Green Belt have on a development?
The NPPF considers development in the Green Belt to be inappropriate unless under very special circumstances. Exceptions are:
● Buildings for Agriculture or Forrestry
● Provision of facilities
● Extension or alteration of a building (not disproportionate)
● Replacement of a building
● Limited infilling in villages
● Limited infilling or partial or complete redevelopment of previously developed land
● Limited affordable housing
What is the process for adoption of a Neighbourhood plan?
- Setting up a neighbourhood area application
- Publishing proposals for the plan
- Submission of a draft plan to the LPA which complies with the NPPF and Strategic Elements of the local plan
- Examination by independent examiner
- A referendum to establish community support
What is a planning condition?
A planning condition is a condition imposed upon the grant of planning permission.
Types of conditions are pre-commencement, pre-occupation and permanent conditions. Pre commencement conditions can prevent any development taking place until the condition has been complied with.
Where would you advise your client to avoid using PD rights
Where material alterations to the building are planned to take place and there is a risk of enforcement action, where the PD rights could be better used elsewhere on the site, for a more strategic purpose.
What did the Localism Act bring in?
Localism Act 2011
Neighbourhood Plans, Neighbourhood planning orders and the NPPF,
What is the definition of development?
“the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land”
What is sustainable development?
The NPPF classes sustainable development as Development, which is economically, socially and environmentally responsible.
The Brundtland Report defined it as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs”
Why would you use the pre-app process?
Where a planning project is contentious or you are not sure if it meets the requirements of the local plans policies, pre application advice can give a low cost way of finding out if an application is likely to be supported by the LPA or not. This process can also give advice on changes which will help the application to be supported by the LPA.
What are the options available to your client if they are refused planning consent?
- Accept that the consent is refused
- Re-submit within 12 months for free
- Appeal the Non-determination (if the LPA doesn’t decide in the 8 week window)
- Appeal within 12 months the decision
a. Through written representations and informal hearing
b. By referring the matter to a public enquiry
c. By referring the matter to the secretary of state
Are you aware of any upcoming changes in the planning system?
The MHLG has extended the temporary use of land rules to allow for 56 days of use of land for a use without planning permission.
What are the rules for temporary use of land?
Temporary use of any land for any purpose without planning permission is not permitted for more than 28 days – extended currently to 56 days.
There is a 14 day limit for Markets, or Motor Racing.
What enforcement action can be taken against your client if they were to do work to a listed building without consent?
They could be criminally prosecuted and have an enforcement notice served on their property to remedy or put back and make good any changes made.
What are the grounds for appeal if your client is served an enforcement notice?
A planning enforcement (Section 172 of the Town and Country Planning Act) sets out the LPA’s view on the breach and what steps are required to stop or remedy the breach. An appeal can be made within 28 days of issue, non-compliance can issue fines of up to £20,000.
