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APC > Planning and Development Management > Flashcards

Planning and Development Management Flashcards

1
Q

What is the purpose of the planning system?

A

To identify and manage what development is needed to benefit communities, the environment and the economy

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2
Q

Why would planning restrict development?

A

To keep the character of a place, such as through design, size and the use of a building within a particular area

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3
Q

How long are various lengths of determination for planning applications?

A

Full Planning Permission - 8 Weeks (13 Weeks if unusually large or complex)

Listed Building Consent - 8 Weeks (13 Weeks if unusually large of complex)

Conservation Area Consent - 8 Weeks

Prior Approval - 8 Weeks (deemed consent on expiry unless otherwise agreed)

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4
Q

What are the fees for the various planning applications?

A

Full Planning Application - £462 plus service charge (£32.20)

Listed Building Consent - Free

Conservation Area Consent - £206 plus service charge (for alterations)

Prior Approval - £96 plus service charge

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5
Q

What is the National Planning Policy Framework?

A

The NPPF sets out government planning policies for England and how these are expected to be applied

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6
Q

When was the NPPF published?

A

The NPF was published in 2012 and revised in 2021

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7
Q

What changed in the 2021 NPPF Revision?

A
  • A limit on the use of Article 4 Directions to restrict PD rights
  • Emphasis on using trees in new developments
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8
Q

What are local plans in the area you work?

A

St Albans Local Plan - This is one of the most historic in the country, dating back to 1994
South Oxfordshire Local Plan - adopted in 2020 and runs to 2035
Basingstoke and Deane Local Plan - adopted in 2011 and runs to 2029

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9
Q

What do you mean by the local plan was adopted?

A

For a local plan to be adopted it needs to follow a process of adoption, which ultimately ends with it being examined by the planning inspectorate

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10
Q

What is the process of creating a local plan?

A

Chapter 3 of the NPPF sets out the requirements:
Regulation 18 - Evidence gathering and early-stage consultation
Regulation 19 - The council publish the local plan for a six week consultation period
Regulation 22 - Submission to planning inspectorate for examination
Regulation 24 - Inspectors report and adoption

The Town and Country Planning (Local Planning) (England) Regulations 2012

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11
Q

What does the planning inspectorate consider during examination?

A
  • Positively prepared
  • Justified
  • Effective
  • Consistent with National Policy
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12
Q

What piece of legislation devolved planning decision making?

A

The Localism Act 2011

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13
Q

What Land designations have you worked with?

A

Mainly conservation areas and AONB’s

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14
Q

What organisations run the various land designations?

A

AONB - Natural England

National Parks - National Parks Authorities

Conservation Areas - Local Council

SSSI’s - Natural England

Special Protection Areas - Joint Nature Conservation Committee

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15
Q

What do you mean by an Article 4 Direction?

A

Where an Article 4 direction has been issued by the local council which restricts certain development, such as permitted development
This is

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16
Q

What is the difference between a county council and district council?

A

In most of the UK there are 2 tier areas, which include county and district councils, with responsibilities for council split between them

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17
Q

What legislation covers listed buildings?

A

the Planning (Listed Buildings and Conservation Areas) Act 1990

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18
Q

What does listing mean?

A

This means the property has been added to the National Heritage List. This means there is extra control on changes to be made to the interior/exterior of the dwelling

19
Q

What are the Listing grades?

A

Grade I - buildings of exceptional importance
Grade II* - buildings of particular importance
Grade II - buildings of special interest (92%)

20
Q

What is the legislation that covers planning in the UK?

A

The Town and Country Planning Act 1990

21
Q

What does the NPPF include?

A

It includes 17 sections relating to government planning policy

22
Q

What are types of localised plans?

A

Local Plans - area based, include decision
Neighbourhood Plans

23
Q

When would you need listed building consent?

A

Any works to the building that affects its character, includes:
- demolition
- alterations
- extension

24
Q

When might you not need listed building consent?

A

For maintenance and repair work, such as:
- replacing fallen slates
- repainting window frames in the same colour

25
Q

Do you need listed building consent for listed buildings?

A

No, but it is taken into consideration for any planning permissions

26
Q

If you don’t obtain listed building consent what is the consequence?

A
  • you may be caught and forced to put it right - which will cost significant money
  • under Section 9 of the Planning (Listed Building and Conservation Areas) Act 1990 it is a criminal offence for carrying out unauthorised works to a listed building
27
Q

What is a certificate of lawfulness?

A

A means of obtaining a decision from the planning authority that a proposed use or works do not require planning permission

28
Q

What would you do if your planning application wasn’t determined by the deadline?

A

First I would speak to the planning officer, if an extension of time has not already been agreed
If not I would seek the reasons and likely timetable for determination
I could consider appealing to the secretary of state for non determination, within 6 months of deadline

29
Q

Is there any recent news that affects planning applications?

A

There has been quite a lot of media coverage around nutrient neutrality
- Natural England essentially has said that development in certain areas need to be nutrient neutral. This is on the back of the Dutch N case
- this caused a backlog of non determined cases at councils as they deal with what to do

30
Q

Why didn’t you submit prior approval for the Agricultural Building?

A

It was over 3 metres in height and within 3 miles of an aerodrome so therefore the PD rights were removed

31
Q

What other factors are needed to qualify for Class A?

A
  • The building cannot be more than 1000m2
  • You can’t have used your class q rights on the same farm within the past 10 years
  • The building would be within 400 metres of a protected building
  • needs to be for agricultural purposes
  • unit needs to be 5 hectares or more
32
Q

What additional information was required for the agricultural building?

A

They required to see further details of the existing materials used at the site and proposed materials, and pictures of the existing site elevations

33
Q

Had you been involved in the six house scheme?

A

Not specifically, but the site is currently for sale with our new homes team. My involvement was advising on the CIL payable, and how this affected value.

34
Q

How was the property liable for CIL?

A

The development attracted around a £175,000 CIL liability

35
Q

What are the CIL rates?

A

This was in Basingstoke and Deane’s jurisdiction area - and incurred a charge of £144 for every additional square metre of residential development, for over 100 square metres of floor space

36
Q

What are reliefs from CIL?

A
  • Minor development under 100 m2
  • charities are exempt
  • self builders are exempt
37
Q

What is a s.106 agreement?

A

A legal agreement between local authorities and developers, to provide local amenities

38
Q

What is the difference between s.106 and CIL?

A

s.106 tend to be for larger projects that impact on the local area and amenities. Whereas CIL is on most new development over 100 m2

39
Q

What did you need to submit as part of a listed building consent?

A

Site Plan
Location Plan
Elevation Plans showing the windows
Cover Letter - which made reference to Design & Access, and also Heritage Impact Assessment
Application Form

40
Q

When would the ground source heat pumps have been permitted development?

A

total area of excavation is less than 0.5 hectares
outside listed building curtilage, or conservation area
if only one ground source heat pump

41
Q

What are the timeframes for appealing a planning decision?

A

6 months post decision
if you have received an enforcement notice you have 28 days from the date of the letter, or if it has already been refused it is still 6 months

42
Q

What is the fee for appealing?

A

There is no fee

43
Q

What documents do you need to appeal?

A

An Appeal Statement
Copies of the decision notice, planning application, site plan and drawings

44
Q

What if you don’t like the decision from appeal?

A

I could challenge the decsisino by taking it to court within 6 weeks

APC (10 decks)

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