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RICS APC 2024 (Rural Pathway) > Planning and Development > Flashcards

Planning and Development Flashcards

1
Q

On a plan submitted as part of a planning application, what is required?

A

This depends on the validation requirements of the local authority, typically the copyright, north arrow, scale.

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2
Q

What goes into a design and access statement?

A

Site location
Site context
Photographs
Layout
Massing and areas
Sustainability
Scale
Materials and character
Access
Landscaping
Appearance

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3
Q

How might flood risk affect planning potential? Can you mitigate against this?

A

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.

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4
Q

Are Neighbourhood Plans binding / law?

A

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).

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5
Q

How must local plans created?

A

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.

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6
Q

Tell me what went into the planning statements that you have written?

A

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

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7
Q

What impact does the Green Belt have on a development?

A

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

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8
Q

What is Grey Belt?

A

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.

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9
Q

What are the 5 key changes to the NPPF proposed by the new government?

A

-Housing targets and land supply
-Grey Belt / Green Belt
-Changes to the design code
-Commercial Development
-Renewable energy

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10
Q

Explain the 5 key changes to the NPPF proposed by the new government?

A

-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.

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11
Q

What is the process for adoption of a Neighbourhood plan?

A

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

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12
Q

What % of referendum votes does a Neighbourhood Plan need to be approved?

A

More than 50%

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13
Q

What is a planning condition?

A

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.

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14
Q

Provide an example of a pre-commencement condition

A

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.

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15
Q

Provide an example of a pre-occupation condition

A

E.g. Little Halden Farm Barn
Prior to first occupation, the dwelling shall be provided with at least one EV charging point.

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16
Q

Provide an example of a permanent planning condition

A

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.

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17
Q

Where would you advise your client to avoid using PD rights

A

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.

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18
Q

What did the Localism Act bring in?

A

Localism Act 2011

Neighbourhood Plans, Neighbourhood planning orders and the NPPF.

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19
Q

What is the definition of development?

A

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”

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20
Q

What is sustainable development?

A

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”

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21
Q

Why would you use the pre-app process?

A

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.

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22
Q

What are the options available to your client if they are refused planning consent?

A
  1. Accept that the consent is refused
  2. Re-submit within 12 months for free
  3. Appeal the Non-determination (if the LPA doesn’t decide in the 8 week window)
  4. 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
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23
Q

What are the rules for temporary use of land?

A

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.

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24
Q

What was the July 2023 update to temporary development rights?

A

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.

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25
Q

What information must you provide to the LPA to operate as a temporary recreational campsite?

A

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.

26
Q

What exceptions are there to the permitted development rights for camping?

A

-If within the curtilage of a Listed Building, a SSSI, or Scheduled Monument, full planning permission is required.

-If within Flood Zone 2/3, prior approval must be obtained before commencing.

27
Q

What is the determination period for a minor application?

A

8 weeks

28
Q

What is the determination period for a major application?

A

13 weeks

16 weeks for applications accompanied by an environmental statement.

29
Q

What enforcement action can be taken against your client if they were to do work to a listed building without consent?

A

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.

30
Q

What are the grounds for appeal if your client is served an enforcement notice?

A

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.

31
Q

What were the changes to the Use Class order?

A

The amalgamation of a variety of uses in to Class E (commercial, business and service) . Increasing the number of uses identified as Sui Generis.

32
Q

What major change to the Certificate of Lawfulness procedure came into effect on 25th April 2024?

A

Any development now completed without the required PP will need to demonstrate 10 years of continuous, uninterrupted use, as opposed to the previous 4 year rule.

The exception to this was if the project was “substantially completed” before the 25th April.

33
Q

What are you generally required to submit with a planning application?

A

Depends on Valiadation requirements, typcailly:

Application Form
Requisite Fee
Block Plan
Location Plan
Planning Statement
Design and Access Statement
Architects designs
Ecology Survey

Design & Access statement is required for all major apps (10+ units, 1,000sq.m+) and on all listed building apps.

34
Q

If a planning application is not determined within eight weeks what options are available to applicants?

A

Agree to an extension of time with the LPA or appeal against non-determination. You could also withdraw the application and resubmit.

E.g. Waghorn AOC non compliance. We ended up agreeing to 2 EOT.

35
Q

When do PD rights not apply?

A

National Parks, Article 4 areas, Conservation Areas, Listed Buildings, the Broads, World Heritage Sites.

36
Q

What is a prior approval application?

A

Prior approval means that a developer has to seek approval from the local planning authority that specified elements of the development are acceptable before work can proceed. The matters for prior approval vary depending on the type of development and these are set out in full in the relevant parts in Schedule 2 to the General Permitted Development Order. A local planning authority cannot consider any other matters when determining a prior approval application. Includes neighbour consultation.

37
Q

What are the different types of appeal, what do they mean for your client? In terms of cost, etc?

A
  • Written Representations – majority of non-householder appeals. Inspector makes decision based on written submissions from applicant, LPA and any objectors.
  • Hearing – Usually completed in a day. Allow planning arguments to be presented to the inspector in person. Less formal than an inquiry, more like a discussion. Parties are not normally represented by a solicitor. Do not question each other’s evidence.
  • Inquiry – Usually involves large scale developments or those that are highly controversial. Both parties will be represented by a barrister. Involves formal questioning & cross-examination. Can last a day to several weeks depending on the application.
38
Q

Who determines a planning appeal?

A

Most appeals are determined by a Planning Inspectorate, however the Secretary of State has the power to make the decision (a ‘recovered appeal’).

39
Q

What is the planning fee for a householder application? (alteration/extension)

A

£258

40
Q

Where would you find the relevant planning fee for each type of application?

A

I would refer to the Planning Portal’s table of fees, which is based on the Town & Country Planning Regulations 2012 latest fee review from December 2023.

41
Q

Fee for a Prior Approval application?

A

For the most part this is £120, however there are exceptions to this.

42
Q

Fee for a Lawful Development Certificate?

A

£293 - refer to Planning Portal table for exemptions

43
Q

What is a TPO?

A

Tree Preservation Order. LPAs have power to protect trees via TPO. Can be specific trees, groups of trees or woodlands in the interest of amenity. It is an offence to lop, damage or cut down a tree with a TPO. It is a criminal act. You can be fined up to £20,000 or unlimited if it is a serious offence.

44
Q

Explain the process of obtaining a Felling Licence

A

I successfully obtained a felling licence on behalf of my client for a small area of woodland in Chilham which required significant works. It was sandwiched between the railway and a busy road, and many of the trees required attention.

I met the tree officer on site, identified which trees needed work, and what kind of work (e.g. pollarding or crown reduction). I created a plan of works and detailed this within my application, which was subsequently approved.

45
Q

What is RTPI?

A

The Royal Town Planning Institute. The professional body representing planners in the UK and Ireland.

46
Q

What is an Article 4 direction?

A

Article 4 of the GPDO. Provides local planning authorities with the power to withdraw particular Permitted Development Rights from a specified area, such as new fencing/gates. Can be temporary or permanent. Can be a specified site or local authority wide area. Must provide good reason before issuing. Common in conservation areas.

47
Q

What provisions does a local planning authority have to enforce a planning condition?

A

Retrospective Planning Application - LPA can invite applicant to submit a new planning application to regularise the situation.
Planning Contravention Notice – allows an LPA to invite owner to submit information regarding the use of a property before enforcement action. Can be used to remedy a suspected planning breach.

Enforcement Notice – should only be issued by LPA if it is satisfied a breach of planning has taken place. Should be used when the issue needs resolving ASAP and should include steps to remedy the breach. An appeal against enforcement must be submitted before the expiry of the enforcement notice when the LPA is to take action.

Stop Notice – Prohibits the continuation of any activity that is set out in an enforcement notice until the situation has been remedied. Can only be used in conjunction with an enforcement notice. Failure to comply with stop notice can lead to a fine of up to £20k in a magistrates court or unlimited in a higher court.

Breach of Condition Notice – refers specifically to conditions contained within a planning consent.

Injunction – goes through the courts to immediately stop the breach of planning control, can be imprisoned if in breach.

48
Q

Advise a client on a planning permission that only has 6 months life left.

A

Make a material start (providing all pre commencement conditions have been dealt with) or apply for an extension of time. As principle of development has been established it may be that reapplying may also be suitable but will cost money.

Example of Little Halden Farm Barn in Rolvenden.

49
Q

What are considered to be material operations?

A

Unfortunately, material start is subjective across LPAs.

Any development that involves a material change in the use of a site and is in accordance with the approved planning permission, such as digging foundations, demolition, laying out or putting in part of the access road. A material operation is required to activate a planning permission under Section 56 of the TCPA 1990.

50
Q

What is the NPPF?

A

The framework under which Local and Neighbourhood plans are drafted against.

51
Q

What constitutes a major/ minor application?

A

Major is usually over 10 units or over 0.5 ha

52
Q

What might a large scheme require survey wise?

A

An EIA screening report from an ecologist?

53
Q

What is included in an EIA?

A

An EIA includse:

Screening
Scoping
Assessment of impacts of development
Monitoring and guidance
Mitigation

54
Q

What is CIL

A

A Community Infrastructure Levy is a charge which can be levied by local authorities on new development in their area. It is an important tool for local authorities to use to help them deliver the infrastructure needed to support development in their area.

Only applies in some Local Authorities, get in contact with the LPA to find this out.

Usually charged on a £/ sqm basis

55
Q

What is the full planning application process?

A

Validation
Consultation (public, statutory and non-statutory consultees) - 21 days
Assessment of the application
Determination within 8 weeks

56
Q

What is a SHLAA

A

Strategic Housing Land Availability Assessment is a technical exercise to determine the quantity and suitability of land potentially available for housing development. It is not a site allocations exercise – the purpose is to provide a robust indication of aggregate housing capacity at local authority level.

57
Q

What is a HELLA

A

A Housing and Economic Land Availability Assessment (HELAA) is to identify a future supply of land which is suitable, available and achievable for housing and economic development (such as employment, retail and leisure) over the plan period.

58
Q

What are the landowers options if served with a planning enforcement notice?

A

Apply for retrospective planning - if allowed
Appeal within 28 days
- if the notice was served incorrectly or invalid
- if the illeged breach was not actually done so
- appeal that a CLUED could be applied for (rights are lost by the LPA for enforcement if over the time limit 10, or previously 4 years)

59
Q

When did BNG become mandatory?

A

12th Feb 2024

60
Q

What must developers deliver under BNG?

A

A minimum of 10% BNG, resulting in a development having a better quality natural habitat than before.

61
Q

What value are BNG credits trading for?

A

A recent article published by RICS suggested in the South of England, neutral grassland is trading at around £28,000 per unit, whereas lakes and ponds are at approx £65,000.

62
Q

What are the management obligations for off-site biodiversity units?

A

If you plan to sell off-site biodiversity units for mandatory BNG, you must commit to managing the habitat for 30 years. This will be legally secured via a Section 106 agreement or a conservation covenant.

RICS APC 2024 (Rural Pathway) (7 decks)

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