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RICS RESIT > Planning and Development > Flashcards

Planning and Development Flashcards

1
Q

What planning application was submitted for at Ringmer?

A

An outline planning had been submitted

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2
Q

What did you use at Sherwood Close to amend the planning?

A

S96a

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3
Q

What did you use the S96a to ammend at Sherwood Close?

A

Change various unit tenures and make minor internal layout changes and move some balcony positions

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4
Q

How many units were originally consented for at Sherwood Close Phase III and how many did you optimise the scheme for?

A

142 to 185 units

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5
Q

What are the key elements of the leveling up bill?

A

Streamlining plan-making
The introduction of national development management policies under Clause 84 to to make policy more consistent across the country and allow Local Authorities to focus on local issues of importance to their communities. National development management policies will be given enhanced legal status, removing the current need to replicate national planning policy. Preparation of plans will be required to adhere to a new plan-making timetable of 30 months.

The Community Infrastructure Levy (CIL) will be repealed and replaced with a framework for a new levy system. However, existing neighbourhood charges within CIL will be retained. The new levy will be set locally, with financial contributions based on the gross-value of the property when sold, rather than on floorspace. The thresholds of the levy will vary based on the context of a given site, for example whether the property is positioned on brownfield or greenfield land. These changes could lead to improved flexibility and consistency

Effort to improve planning between authorities with Schedule 7 of The Bill which will allow for the voluntary creation of ‘Joint Spatial Development Strategies’ between Local Authorities. This is noted to include local plans, minerals and waste plans, and supplementary planning documents.

Environmental Impact Assessments (EIA) will be replaced. A ‘clearer and simpler’ process will be introduced for relevant plans and projects such as Nationally Significant Infrastructure Projects (NSIPs), which will be known as ‘Environmental Outcome Reports’ (EOR).

Historic environment
The Bill looks to introduce added protection for heritage assets through the implementation of national ‘General Heritage Protection Policies’.

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6
Q

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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7
Q

What is law governs development and town planning in the UK?

A

Town and country planning act 1990

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8
Q

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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9
Q

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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10
Q

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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11
Q

What is the appeal process ?

A

Written representation – 19-38 weeks to determine
Hearing
Inquiry

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12
Q

On what grounds can a party wish to appeal ?

A

Planning refusal
Non determination

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13
Q

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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14
Q

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

What act requires developers to consult with communities before submitting an application?

A

Localism Act 2011

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16
Q

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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17
Q

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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18
Q

What scale should a site plan be?

A

1:200 or 1:500

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19
Q

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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20
Q

How long do you have to submit a reserved matters ?

A

Three Years

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21
Q

After the RM, how long do you have to commence works?

A

Two years

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22
Q

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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23
Q

What is the typical consultation timescale for a planning application ?

A

3 weeks / 21 days

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24
Q

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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25
Q

What 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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26
Q

Is CIL negotiable ?

A

No. it is a tariff base system

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27
Q

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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28
Q

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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29
Q

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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30
Q

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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31
Q

What are the tests on planning conditions

A

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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32
Q

In London what size of schemes are referable to the GLA?

A

150 units or more

Over 30 meters high

Development of green belt or Metropolitan Land

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33
Q

What does PTAL stand for?

A

Public Transport Accessibility Level

34
Q

Who are the Statutory Consultees on a planning application ?

A

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

35
Q

What is the purpose of the planning system

A

The purpose of the planning system is to ensure the most optimum use of land via the process of managing the development of land and buildings.

36
Q

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

37
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

38
Q

What is a recent change to S106?

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.

39
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.

40
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.
41
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.

42
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

43
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
44
Q

What part of the TCPA act governs planning appeals

A

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

45
Q

What are the different 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.

46
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.

47
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’.

48
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

49
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.

50
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.

51
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.
52
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.

53
Q

What are the different types of planning conditions ?

A

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.

54
Q

How do you calculate planning fees on outline planning applications

A

Calculated based on site area

55
Q

What is a unilateral 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.

56
Q

What is the purpose of a S106?

A

Section 106 -planning obligations that developers must meet in order to secure planning permission -to offset the costs (social, infrastructural, economic, etc.) entailed with the development going ahead ie provision of affordable housing, or infrastructure.

57
Q

Why was the NPPF introduced?

A

The NPPF followed a commitment made in the 2010 Coalition Agreement to ‘publish a simple and consolidated national planning framework covering all forms of development and setting out national economic, environmental and social priorities’.
* The framework replaced a wide range of previous planning policy statements and planning policy guidance (see Planning policy replaced by the NPPF).
* It is commonly cited as having reduced planning policy from over 1,000 pages to around 50, but in fact, unless specifically revoked by the framework, existing policies remained effective.

58
Q

Why was the NPPF introduced?

A

The NPPF followed a commitment made in the 2010 Coalition Agreement to ‘publish a simple and consolidated national planning framework covering all forms of development and setting out national economic, environmental and social priorities’.
* The framework replaced a wide range of previous planning policy statements and planning policy guidance (see Planning policy replaced by the NPPF).
* It is commonly cited as having reduced planning policy from over 1,000 pages to around 50, but in fact, unless specifically revoked by the framework, existing policies remained effective.
Removed regional planning and introduced neighbourhood planningto create ‘ … a framework within which local people and their accountable councils can produce their own distinctive local and neighbourhood plans, which reflect the needs and priorities of their communities.’
* The framework states that the purpose of planning is to help achieve sustainable development. It defines three mutually dependent dimensions to sustainable development: Economic, Social, Environmental.

59
Q

What are the 12 core principles of the NPPF?

A

1.Should be genuinely plan-led.
2.Should be a creative exercise, not just one of scrutiny.
3.Should be proactive in driving and supporting sustainable development.
4.Should seek and secure high quality.
5.Should take account of the diverse character of different areas.
6.Should support the transition to a climate-resilient, low-carbon economy.
7.Should contribute to conserving and enhancing the natural environment and reducing pollution.
8.Should encourage the use of brownfield land.
9.Should encourage mixed-use development.
10.Shouldconserve heritage.
11.Should maximise the use of public transport, walking and cycling.
12.Should support health, social and cultural wellbeing.

60
Q

What is the detailed guidance under the 13 subheadings that contribute to sustainable development?

A

1.Building a strong, competitive economy.
2.Ensuring the vitality of town centres.
3. Supporting a prosperous rural economy.
4.Promotingsustainable transport.
5.Supporting high quality communications infrastructure.
6.Delivering a wide choice of high quality homes.
7.Requiring good design.
8.Promoting healthy communities.
9.Protecting Green Belt land.
10.Meeting the challenge of climate change, flooding and coastal change.
11.Conserving and enhancing the natural environment.
12.Conserving and enhancing the historic environment.
13.Facilitating the sustainable use of minerals.

61
Q

How do you choose between a S96a and a S73?

A

There is no statutory definition on what a non-mat is and it will vary depending on the nature and scale of the approved scheme.
* If the case officer can assess that the alteration is too great to be considered non-mat then the applicant is invited to withdraw the application and apply for a minor amendments S.73 application.
* Consider whether the change to the scheme warrants consultation (not non-mat)
* The decision is at the discretion of the LPA and will involve the planning case officer’s best judgement.
* You can make a non-material amendment to a reserved matters consent
* You can not make a non-material amendment to a listed building or conservation area consent

62
Q

What is a S96a?

A

Non-Material Amendments (s96A) –‘Non-Mat’:
Statutory mechanism for the LPA to deal with minor changes to permission without the need for a new application.
*Non-mat is not a new planning permission but is attached to the original permission.
* D&A statement not required, however it does need new plans showing the proposed alterations
* 28 days to determine the application.
* The LPA cannot approve a non-mat application if it considers the changes to be too great to be considered under this procedure.
* Where additional land is bought into the application
* Additional windows / enlarged windows
* Increase in size of development / higher roof
* Change in layout
* Increase in the number of dwelling or buildings
* Increase in the number of bedrooms
* Examples of when non-mat application is inappropriate:
* The extent of the change and whether it is significant is dependent upon the officers planning judgement applied on a case by case basis.
* The usual right of appeal applies.

63
Q

What is a S73?

A

Minor Material Amendments (s73)

If the change of the permission is too great to be considered non material but ONLY if there is a suitable condition attached to the planning permission which could be varied or removed to facilitate the changes to the scheme.

  • 8 weeks to determine the application
  • The grant of a s73 application is the grant of a new “stand alone” planning permission.
  • The LPA must re-impose conditions from the previous permission, plus any additional ones, without altering the fundamental principles of the permission already granted.
  • The application will be considered against current adopted development plan policies and the officer will need to have regard to any changes in policy that have come about since the original planning permission was granted.
  • The LPA will consider the need for contributions or other matters that will need to be delivered via a legal agreement (s.106)
  • The LPA has discretion over whether and who to consult on s.73 applications –except when the application involves an EIA where consultation is compulsory.
64
Q

What is the EIA Process?

A

Covered under Town and Country Planning (Environmental Impact Assessment) Regulations 2017
EIA process helps identify the possible environmental effects of a proposed activity and how those impacts can be mitigated

  • 5 stages -
  • Screening -does it fall within remit of regulations
  • Scoping -determining the extent of issues to be considered in the assessment
  • Preparing an Environmental Statement
  • Making a planning application and consultation
  • Decision making -16 weeks determination
65
Q

What is the common way to obtain a right to light?

A

The most common way to obtain a right to light is by enjoying the light uninterrupted and without permission for 20 years.

66
Q

What is the difference between RoL and Daylight / Sunlight?

A

Rights of Light is a legal right whereas D/L is a planning consideration

67
Q

How is daylight sunlight assessed?

A

There is no fixed method of assessing the impact of a development on adjoining properties; the BRE report ‘Site Layout Planning for Daylight and Sunlight –A Guide to Good Practice’ gives recommended levels of daylight and sunlight to be maintained and is often cited by local authorities as the standard assessment to adopt.

68
Q

What is the statutory meaning of development?

A

Town and Country Planning Act 1990, Section 55

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’

69
Q

How was your application determined?

A

Delegated powers or planning committee

70
Q

How long to determine temporary planning application?

A

8 weeks

71
Q

How long is a JR period?

A

6 week

72
Q

What is GLA Stage 2?

A

GLA stage 1 & 2 is a process for referable planning applications. An application is considered referable if it meets certain criteria - this includes if a development is more than 150 units, more than 30 metres, or on Green belt or metropolitan open land. Stage 1 occurs when an application has been submitted. The LPA refers it to the Mayor who has 6 weeks to provide comments on the application (assessing whether it complies with Local Plan Policies) - this is Stage 1. An application is then considered at Planning Committee by the LPA whether to grant or refuse. following the committee, the LPA is then required to refer to the Mayor for his final decision - this is Stage 2 referral. the mayor has 14 days to make a decision on whether the LPAs decision can stand, or whether to direct refuse, or whether to take over the planning application

73
Q

What is a Financial Viability Appraisal?

A

The process of assessing whether a site is financially viable, by looking at whether the value generated by a development is more than the cost of developing it. Typically, this is calculated using a Residual Land Value approach.

Viability helps to strike a balance between the aspirations of developers and landowners, in terms of returns against risk, and the aims of the planning system to secure maximum benefits in the public interest through the granting of planning permission.

74
Q

Do S.73’s trigger CIL?

A

Yes if they increase floor area

75
Q

Does demolition need planning permission?

A

Yes

76
Q

What is the required affordable housing tenure split for development in London?

A

30% Low Rent Housing (i.e. London Affordable Rent and Social Rent)
30% Intermediate tenure (i.e. London Living Rent and shared ownership)
40% to be decided by the borough based on objectively assessed need

77
Q

When is Help to Buy ending?

A

March 2023

78
Q

What is help to buy?

A

Allows first time buyers to purchase a new build property of up to £600,000 in London and £437,000 in the regions. Purchasers put down a 5% deposit and receive an interest free loan (for 5 years) of up to 40% of the value in London (20% in regions) and get a mortgage from a lender on the remainder.

79
Q

Name a time you reviewed an outline planning permission?

A

Ringmer – I, alongside the Development Management Team, reviewed an outline planning permission to assess any risks that could delay programme or impact build cost for the scheme. For example, this could include abnormals such as access constraints, archaeological remains, listed buildings and ground conditions I reviewed numerous planning documents and noted in the flood risk assessment that an area in the centre of the site that could result in a flood attenuation cost. I then included an allowance in the Risk Register and Commercial Appraisal.

80
Q

Name a time you changed a planning application and what/how you changed it?

A

Sherwood Close Phase II – Following a review of the overall scheme, it was determined that Phase II of the Scheme would be all affordable, as this would work best from a Housing Management perspective. I worked alongside the Architect and Planning consultant to change the tenures of various units and advised the Senior Leadership Team that an S96a was the most suitable planning strategy. This also provided the opportunity to make minor adjustments to internal layouts, windows and balcony positions.

81
Q

Name a time you looked at submitting a planning application?

A

Sherwood Close Phase III – Clarion had a consented scheme for 142 Private Units, but due to the overall project making a loss, Clarion looked to optimise the scheme reducing the build cost, improving internal layouts and increasing unit numbers. To do this I conducted a feasibility assessment on a 185 unit scheme to increase the viability of the overall project. I advised the Senior Leadership Team to resubmit planning on this basis. This improved the scheme’s financial position by £20 million due to lower build costs on a per sq. ft. basis and an overall increase in Gross Development Value.

82
Q

Name a time you led on planning application?

A

Kirkstall Modular Units – I led on a planning submission for 10 modular units. This involved managing both internal and external stakeholders and collating all the required documents including flood risks assessments, design drawings and a D&A statement. After engaging with the LPA, I determined a full planning consent was required and advised the senior leadership team I would be seeking this. Because even though it was expected that the units be on site for less than five years, there was a scenario where the units could be required on site for longer. For example if there was a delay to the main scheme. I submitted this scheme in November 2021 and received planning in February of 2022.

RICS RESIT (22 decks)

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