Planning and Development Flashcards
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 Forestry
● 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 Grey Belt?
Grey Belt is a term coined by the Labour Party. It is defined as areas of Previously Developed Land or land that makes a limited contribution to the green belt.
Examples include old petrol stations or car parks.
The NPPF consultation proposes strengthening presumption in favour of brownfield development.
What are the 5 key changes to the NPPF proposed by the new government?
-Housing targets and land supply
-Grey Belt / Green Belt
-Changes to the design code
-Commercial Development
-Renewable energy
Explain the 5 key changes to the NPPF proposed by the new government?
-Housing targets and land supply. To deliver 1.5m new homes in the next 5 years. Housing need will be calculated on a new standard method and a 5-year supply will need to be demonstrated.
-Grey Belt / Green Belt. To introduce Grey Belt designation. Presumption in favour of developing these sites.
-Changes to the design code. Removal of words ‘beauty’ and beautiful’ from Dec 23 NPPF update due to subjectivity of these terms.
-Commercial Development. LPAs should identify appropriate sites for commercial development to meet the needs of a modern economy.
-Renewable energy. Onshore wind to be re-integrated into the Nationally Significant Infrastructure Programme.
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 % of referendum votes does a Neighbourhood Plan need to be approved?
More than 50%
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.
Provide an example of a pre-commencement condition
E.g. Cader Idris.
Prior to any works commencing, tree protection measures must be provided in line with British Standards. These measures shall be implemented before the commencement of the project.
Provide an example of a pre-occupation condition
E.g. Little Halden Farm Barn
Prior to first occupation, the dwelling shall be provided with at least one EV charging point.
Provide an example of a permanent planning condition
An Agricultural Occupancy Condition would be an example of a planning condition deemed permanent. This will remain in perpetuity, unless it can be justified that it is no longer reasonable, or necessary, or enforceable.
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?
As set out in Section 55 of the Town and Country Planning Act 1990 - “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
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 was the July 2023 update to temporary development rights?
This created new allowances (Class BC) for campsites in England to operate for 60 days per calendar year, compared with the previous 28 day rule.
This is for campsites with a maximum of 50 pitches.
This allows for any moveable structure reasonably necessary.
What information must you provide to the LPA to operate as a temporary recreational campsite?
You must;
-Confirm your intention in writing to the LPA before commencement, each calendar year.
-Provide the dates for each intended use.
-Include a site plan including the siting of temporary toilets or waste disposal.
