Planning and Development Management

Question 1

What is a Section72 Application for?

Answer 1

A s73 application is used to make a material amendment by varying or removing conditions associated with a planning permission.

Question 2

What is the difference between CIL and S106?

Answer 2

CIL is a fixed charge on new development to secure the infrastructure required to support development in an area, S106 is negotiated on a site-by-site basis and covers only the impacts of the specific development

Question 3

What is the process involved in obtaining appropriate planning permission?

Answer 3

• Review planning policy and other material considerations (highway safety, traffic, noise, etc.)
• Check validation requirements
• Seek pre-application advice
• Consult with local stakeholders (if required)
• Instruct consultants to prepare reports (if required)

Question 4

What is a Drop-in application?

Answer 4

A ‘drop-in’ planning permission can authorise a separate development covering the relevant part of the original scheme.

Question 5

What is a non-material amendment?

Answer 5

NMA are proposed amendments that do not materially alter the size and scale of the planning permission

Question 6

What is Permitted Development?

Answer 6

Permitted Development allows you to perform certain types of development without needing to apply for planning permission.
They derive from a general planning permission granted not by the local authority but by Government.

Question 7

How are Permitted Development rights affected by a Local Article 4 Direction?

Answer 7

An article 4 direction restricts the scope of permitted development rights either in relation to a particular area or site, or a particular type of development anywhere in the authority’s area.

Question 8

What is Intermediate Housing?

Answer 8

Intermediate housing is affordable housing targeted at those who have little chance of accessing low cost rent housing, but who are not able to afford to rent or buy a home on the open market

Question 9

Do you need planning permission for a Change of Use?

Answer 9

Generally, if proposing to change a unit from one Use Class to another, planning permission is required.
However, generally, planning permission is not needed when the existing and proposed uses fall within the same Use Class.

Question 10

What is a Planning Appraisal and how is it used?

Answer 10

An assessment of relevant planning policies, site history and local context relating to the site
It is used to establish the development potential of a site

Question 11

How does a Planning Appraisal fit within the development process?

Answer 11

A planning appraisal is at the inception of a project – before a site is acquired or when changes to an existing planning consent are proposed

Question 12

What is development management and why do we have it?

Answer 12

Development management is the process of managing or obtaining the grant of planning consents.
It is used to regulate and coordinate sustainable development in line with the development plan and other material considerations

Question 13

What is Development control?

Answer 13

The planning system and legislation

Question 14

Who are the key stakeholders in development management?

Answer 14

LPA
GLA
Local Government
Applicants
Developers
Local residents / general public

Question 15

Tell me about the key principles and processes used to determine the need for planning consent

Answer 15

Planning permission is needed if the work being carried out meets the statutory definition of ‘development’ which is set out in section 55 of the Town and Country Planning Act 1990.
‘Development’ includes:
- Building operations eg structural alterations / construction
- Material change of use
- Engineering operations eg ground works

Question 16

How do you go about undertaking pre-app consultation and why?o

Answer 16

Contact the council’s planning department to request a pre-application meeting, providing any information required on their website
Test the council’s response to your proposal, confirm validation requirements, confirm application type etc.
Saves time and money and ensures you meet the necessary criteria

Question 17

What information is required in support of a planning submission and where is this defined?

Answer 17

It is defined within the Development Management Procedure Order 2015.
In order to submit an application you require:
- Completed application form
- Site Location Plan
- Any other plans or information necessary to describe the proposed development
- Ownership Certificate and Agricultural Land Declaration
- Application fee
- Local information requirements

Question 18

Tell me about site/building surveys and details you are familiar with e.g. site history, constraints, flood risk etc.

Question 19

How long does it take to obtain a planning decision?

Answer 19

• 8 weeks for normal planning applications
• 13 weeks for major applications
• 16 weeks for major applications including an EIA

Question 20

What is a PPA

Answer 20

Planning Performance Agreement
It is to provide a framework, agreed between the LPA and the applicant about the pre-application process for considering a major development proposal

Question 21

How are planning decisions made and by whom?

Answer 21

Most decisions are delegated to planning officers, significant/controversial applications are decided by a planning committee

Question 22

What will be the main issues in determining if planning consent is granted?

Answer 22

The extent to which the proposals are in accordance with the development plan and the NPPF, unless there are material considerations that indicate otherwise

Question 23

When and why would an application be ‘called-in’ by the Secretary of State and what does this mean?

Answer 23

Secretary of State has the power to take over planning applications taking over from the LPA.
It can be done any time in the planning process prior to determination
It usually only happens for applications with wider national significance, e.g. has wider effects beyond the locality, or conflicts with national policy

Question 24

When are applications referable to the GLA?

Answer 24

Applications relating to 150 or more units, 30m high buildings or green belt development must be referred to Mayor for comment

Question 25

What is the role of the Planning Inspectorate?

Answer 25

The Planning Inspectorate deals with planning appeals, national infrastructure planning applications, examinations of local plans and other planning-related and specialist casework in England. The Planning Inspectorate is an executive agency, sponsored by the Department for Levelling Up, Housing and Communities.

Question 26

What is a JR?

Answer 26

A Judicial Review is where the courts examine the decisions of public bodies to ensure they have been made lawfully and fairly
Applications for judicial review can be submitted by anyone with a sufficient interest in the matter within 6 weeks of the decision date
The risk is that the courts will quash the planning authority’s decision

Question 27

Tell me about an Applicant’s right to Appeal

Answer 27

An applicant has the right to appeal to the Secretary of State, via the Planning Inspectorate, if:
o The LPA refuses to grant consent
o Grants subject to unacceptable conditions
o Fails to deal with an application within the statutory time limit
Planning appeals can also be ‘recovered’ Secretary of State

Question 28

Tell me about the public consultation process for a new development?

Answer 28

LPAs require applications to undertake public consultation before deciding a planning application, normally for 21 days
Pre-application:
* The NPPF (2019) state the critical role of pre-application engagement outlines that LPAs should encourage applicants to engage with the local community
Developers are now asked to provide a Statement of Community Involvement (SCI) for major development proposals, including an in-person public exhibition