Planning and Development Management Flashcards
Describe the Development Management Procedures as set out in 2022 regulations?
- Pre app (if required)
- Submission of application
- Validation by Planning Authority
- Consultation
- Consideration by Planning Officer
- Determination (in accordance with scheme of delegation)
- Notice of Development
(if refused appeal/review)
What document sets out the Development Management Procedures 2022?
- DEVELOPMENT MANAGEMENT PROCEDURES circular 03/2022
How familiar are you with the Development Management Procedure (Scotland) Regulations 2022?
- 21st October 2022
- Sets out the development management system for Scotland and changes made by 2019 act
- Changes include to PAC (2 public events within 14 days of each other)
-
How do you establish the need for planning permission?
- Depending on the type of proposal i would check:
- For development:
The General Permitted Development) (Scotland) Order 1992 as amended (2023) to establish whether the proposals would constitute permitted development.
- For Change of use:
The (Use Classes) (Scotland) Order 1997 as amended (2023) to ascertain whether the change may be permitted.
- I would also check the planning history of the site
Can you tell me about the use class order?
- The Use Classes) (Scotland) Order 1997 amended by
- The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Miscellaneous Amendment Order 2023
- Changes include Class 1 and 2 together to form 1A
- No change needed from Class 1A to Class 3 unless below resie or within 1m in any direction
Tell me how you prepare a planning application submission?
- Check council’s validation standards
- Make sure I have all the relevant documents as part of submission
- Use Eplanning fee calculator to establish fee
- Submit application through Eplanning
How do you assess a proposal against policy requirements?
- I review the Local Development Plan policies to establish which are relevant to the proposals and asses relevant policies against proposal
- I do the same for NPF4 policies
How are planning applications determined?
1997 Act as amended states
- Section 25
“To be made in accordance with the development plan unless material considerations indicate otherwise
- For a National development, determined in accordance with the National Planning Framework statement that relates to the national development.
- NPF4 takes precedent if new than LDP or in a split decision of policy
Tell me about a Planning Advice Note you have read?
- PAN 72: Housing in the Countryside
- Gives key design principles
- Used for PPP in Shottsburn
What is a Material Consideration?
- A matter that should be taken into account in deciding a planning application or on an appeal against a planning decision
- Must relate to the application itself
Can you give me an example of a Material Consideration?
- Effect on listed building and conservation area
- Noise
-Loss of privacy - Overshadowing
- Parking
- Layout/Design
Positives:
- Job creation
- reusing of building
- NPF4 now is
How do you stay up to date with changes in planning legislation and policy?
- Subscripted to the Scottish Gov Planning Newsletter
- Brodies Planning Updates
What is not a Material Consideration?
- Impact on value
- Legal titles
Can you explain the stages of creating a LDP?
- Stage 1: Development Plan Scheme
- outlines timetable for plan
- Stage 2: Evidence Report
- Info gathered by consultation by key agencies, stakeholders and public
-Prep of local place plans
-Scoping for SEA’s
- Stage 3: Gate Check
- Evidence report submitted to Scottish Ministers
- Reporter assesses
- Reporter confirms if report is sufficient or writes a report with recommendations
-Council can come back and resubmit if they need to
- Stage 4: Proposed Plan
- Call for Ideas
- Site Assessments carried out
- Council prepares proposed plan
- 12 week minimum consultation on proposed plan
- Council decides on modifications and publishes modifications report
- Council submits proposed plan to Scottish Ministers
- Stage 5: Examination
- If any unresolved issues reporter conducts further examination
- Reporter checks that the Council has met its consultation commitments (from participation statement)
- Report can obtain further info
- Examination Report is produced with recommendations on modifications
- Stage 6: Adoption and Delivery
- Council makes the required modifications and adopts the plan
- Delivery Programme is published within 3 months of plan adoption
- Plan is delivered
Tell me about Hierarchy of Development?
- 3 Categories of which all developments will be allocated
- Set out in n the Hierarchy of Developments) (Scotland) Regulations 2009
- National Development:
- set out in NPF
- Contribute to Scotland’s overall success
- 18 in NPF4 eg) Edinburgh Waterfront & Energy innovation on islands
- Major Development:
-Housing: 50 or more units or 2ha or more of site area
- Business/Industrial: over 1000sqm or 2ha or more
- Local Development:
- All developments that are not National or Major
What would you include in an application for full planning permission?
- Application form
- Location plan
- Site plan
- Ownership certificate
- Floor plans
- Supporting Statement
- Correct Fee
- Any other information requested by the planning authority
Tell me about how you would ensure the application was valid?
- Check local authorities validation standards
- Provide all relevant information
- Check fee on eplanning calculator
What are the requirements for Pre Application Consultation for national and major developments?
-12 weeks before an application is submitted you will be required to submit a Proposal of Application Notice
- 2 PAC public events within 14 days of each other
- Event advertised in Newspaper and cant be held until 7 days after advertising
- At final event developer must give feedback to the public if any comments are received
- PAC Report submitted with app
- Design and Access Statement submitted with app
Tell me about a key part of the town and country planning Scotland act 1997 as amended 2019 and relates to your work?
- Section 25
status of the development plan ‘in making any determination under the planning Acts, regard is to be had to the development plan, the determination is, unless material considerations indicate otherwise’.
- Section 75
Developers Contributions eg Affordable Housing 25% in Edinburgh
What experience do you have in assessing policy requirements for development proposals across Scotland?
- For planning proposal I will search the relevant LDP and assess the proposal against relevant planning policy
- NPF4 policies will also be assessed against the proposal
What is a pre-application advice?
- Outlines how the council are likely to determine a planning application, and any changes that are likely to be needed,
When would you see Pre application advice?
- Where additional certainty would be beneficial before undertaking further work on the application
- Complex issues
Tell me about how the Planning Scotland Act 2019 made changes to the development management process?
- Pre-application consultation
- Duration of planning permission
(Development must begin within 3 years of permission) - Declining to determine similar applications
(time period for authorities to decline to determine an application from 2 years to 5) - Schemes of delegation, appeals and local reviews
Can you give me examples of grounds for objection?
- Contrary to LDP
- Design, scale, materials
- Overshadowing
- Flood Risk
- Effect Listed Building or Con Area
What is a Statutory Consultee?
- Key agencies who have a duty to co-operate in the development plan process
- Consulted during consultation period
Can you give some examples of Statutory Consultee’s?
- Historic Environment Scotland
- SEPA
- Scottish Water
- Transport Scotland
Explain Scheme of Delegation?
- Governs how their various
committees function - Specific to each Local Authority
- A certain number of objections give the Scheme of Delegation to local Councillors to make a decision
- Planning officer can recommend for approval or refusal
What is Planning Permission in Principle?
- Used to establish the acceptability of a proposal in principle without the expense of providing detailed plans.
- Location plan will be required plus any relevant documentation
Can you explain the Appeal Process?
- Proposal is refused or no decision made within time limit
- Appeal must be made within 3 months of original decision
- Applicant has a right to appeal to Scottish Ministers
- a DEPA Reporter will determine appeal
- Next step if the decision is upheld is judicial review at the Court of Session
What is a Local Review Body?
- If a Local planning application is refused using by Officer, the appeal is decided by the Local Review process.
- The Local Review Body is 3 elected member
- Members were not involved in the original decision.
From the changes made by the Planning Scotland Act 2019, what changes were made to planning consent timescales?
- Detailed Consents: 3 years
- Planning Permission in Principle: 5
Can you tell me what you know about Enforcement within planning?
- Enforcement action is taken if there has been a breach in planning control
- Notices can be served, gives info on how issue can be resolved and action required or potential removal of development
-£2000 fixed penalty notice or up to £20,000 in court if failure to comply
- You can also be in breach of a planning condition
What would you include in a Site Appraisal?
- Introduction
- Site Description
- Constraints (SEPA, HES, Coal, Ecology)
- Planning History
- Policy Assessment
- Conclusion
What experience do you have in preparing and submitting planning applications?
- I have submitted applications for a variety of proposals including
- Change of use
- Replacement Windows
- Planning Permission in Principles
For Flowerhill Street you mention that a Vets is Class 10, is this correct?
- This was a typo
- When I carried this instruction out it would have been Class 2
- Now class 1A
Flowerhill Street
What did you include in the Planning Supporting Statement?
- Introduction
- Site Description
- Relevant Planning History
- Proposed Development
- Planning Policy Assessment
- Summary + Conclusions
Flowerhill Street
What policies did you assess the proposal in relation to?
- As the Site was designated within with the North Lanarkshire LDP 2022 as Existing industrial and business areas
- Assessed against:
- EDI1: Protecting Economic Development and Infrastructure Resources
- RTC1: Protecting the North Lanarkshire Centre Network
Flowerhill Street
What potential policy barriers did you acknowledge in relation to the loss of an employment/industrial use?
- Through Policy EDI 1
Although not an industrial business uses the proposed use as a veterinary surgery would:
- retain economic benefit
- employment within the local area
- allow for a business expansion
Flowerhill Street
What was your justification in support of the change of use?
- Complied with LDP policies
- Suitable for the unit (scale etc)
- Generate employment
- Allow local business to expand
- Reusing of a vacant unit
Flowerhill Street
What did you liaise with the Architecture team to provide?
- Floor Plans
- Location and Site Plan
- Elevations
Flowerhill Street
What documents did you submit along with the Planning Supporting Statement?
- Application Form
- Supporting Statement
- Drawings (location plan, elevations, floor plans)
- Ownership Certificate
Flowerhill Street
How did you monitor the application during the determination period?
- Weekly review on Planning Portal during consultation period
- No objections
Claonaig
What was the objection raised by the Roads Department?
- Proposed Surface Water and Foul Drainage should have been in 1 pipe crossing under the road and not 2
Claonaig
What proactive approach did you take to address the objection?
- Contacted the client to inform them of this objection
- Laised with Architecture team to have the drawing showing the 1 pipe to satisfy Roads
- Deemed acceptable by Roads once changes made to drawing
Claonaig
What was the outcome of the application?
- Objection was removed
- Roads deemed application acceptable
- Written up for approval by the Planning Officer
Claonaig
How did you ensure that the proposed drainage design met the Council’s requirements?
- Speaking to the Roads department they showed how they wished the pipes to cross under the road
- Using this advice the drawing was amended to show the councils requirement
Claonaig
How do you ensure that your proposed designs meet the criteria set out by the local planning authority?
- Assess against the most relevant planning policy of the LDP
- Ensure of allocation of the site as may be a sensitive area
Boghead
What was the policy position in the Local Development Plan?
- Unallocated
- In Settlement Boundary
- LDP 2021
- Assessing the area the site was located within a surrounding Residential Area
Boghead
What was the nature of the advice that you provided to the client?
- As the client was wishing to take this land to market
- They wanted a quick sale so I advised that Pre app advice would be best suited to understand councils position if to take land to market
Boghead
What research did you conduct regarding the Council’s pre-application process?
- Looked on the council’s website to find out their Pre App process
- Online form and submit with Location Plan and any other relevant info
- 21 Day process
- No application fee
Boghead
What was the benefit of preparing an indicative layout plan to submit to the Council?
- Allows the council to see the potential development in relation to the site
- Best perspective
- Gives guidance
Boghead
How did you discuss the Council’s pre-application advice with the client?
- Sent on to the client via email and followed up with a phone call
Hospital Road
What objections did the planning application receive?
- 6 objections which under D&G Scheme of Delegation the application was sent to Planning Committee
- These objections included Noise and Safety (fencing needed), poor lighting
- Roads issue with Parking
Hospital Road
What statement did the client provide to the Planning Committee?
- I advised the client to provide a statement in regards to their work in the area
- That the Gym is a community facility.
- That NPF4, which had since been adopted. Policy 24: Play, Recreation and Sport which encourages, promotes and facilities spaces and opportunities for play, recreation and sport
Hospital Road
How did you advise the client on the requirements to discharge the conditions attached to the consent?
- I explained to the client that a Discharge would require an application which would include a cover letter, location plan, relevant drawings and any specifications.
- Explained to the client that i would liaised with the BS team who carried out the original drawings that they could update the drawings to reflect Lighting, Fencing and CCTV.
- Advised Client to gather specifications from those who would carry out work at the site.
- I made client aware any work must be carried out within 3 months of the original granting of permission.
Hospital Road
What information did you submit to discharge the conditions?
- Application Form
- Cover Letter
- Location Plan
- Proposed Layout Plan
- Relevant Specifications
Hospital Road
What is a Retrospective application?
- Planning Permission sought after a development is built
Boghead Road
Upon receiving the Council’s pre-application advice, what were the main points or recommendations they provided, and how did you interpret and communicate this information to the client?
- The council were supportive of the proposal
- The advice that taking this application forward the NPF4 policies should be considered including (Policy 16 Quality homes) and (Policy 9 Brownfield, vacant and derelict land)
-They advised that transport will be consulted if application taken forward
- I forwarded the email on to the client and followed by with a phone call
Boghead Road
Was NPF4 considered?
- Yes the council made reference to:
- Policy 16 and Policy 9
