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Rics MK > Planning and Development Management > Flashcards

Planning and Development Management Flashcards

1
Q

What is the key legislation for town planning?

A

Localism act 2011
Town and country planning act 1990
Planning act 2008

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2
Q

Where would you find key national policy?

A

National Planning Policy Framework

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3
Q

What supports the nppf?

A

Planning Policy Guidance 2018

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4
Q

What we’re the key changes to the NPPF in 2021?

A
  1. Sustainability needs
  2. Article 4 direction - removed Permitted Development rights to areas that need it
  3. Delivery or sufficient homes
  4. Sustainable transport routes
  5. Appropriate development densities
  6. Account for flood risks
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5
Q

How long can you leave it until you lodge an appeal?

A

6 months

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6
Q

How long should it take to decide a planning permission?

A

Minor - 8 weeks
Major - 13 weeks
EIA - 16 weeks

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7
Q

How long have you typically got to implement a planning permission?

A

3 years from decision

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8
Q

How long have you got for outline?

A

3 years to submit revered mattered and 2 years to implement the permission

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9
Q

What are the three types of listing?

A

Grade 1
Grade 2*
Grade 2

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10
Q

What are the 6 principles or listing?

A

Age
Rarity
Selectivity
National interest
State of repair
Aesthetic merit

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11
Q

What is the RICS guidance document relating to financial viability?

A

Viability in town planning under the NPPF

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12
Q

What are the two types of planning application?

A

Outline
Full Planning Permission

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13
Q

What are the differences between outline and full planning?

A

Outline is used to establish the principle of development
Full planning is used for a full consent

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14
Q

What are the time scales for an outline consent?

A

There are two time scales
The outline consent requires reserved matters to be submitted within 3 years.
Once the reserved matters applications have been approved, commonly the applicant must commence development within 2 years

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15
Q

What is the difference between S106 and CIL

A

S106 is part of the town and county planning act 1990 and is an agreement between the LPA and the applicant. S106 can be negotiated and typically included provisions for affordable housing and other local costs
CIL is calculated from a charging schedule and cannot be negotiated unless there is an existing building on site.

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16
Q

When we’re permitted Deveopments rights changed?

A

Town and country planning (permitted development) Oder 2015 as amended 2021

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17
Q

Where are PD rights not permitted?

A

Conservation area, AONB or an area that has an Article 4 direction

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18
Q

Do you need to seek approval from the LPA for Permitted Development?

A

Yes you just seek prior approval to ensure the development falls within the scope of permitted development

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19
Q

What is the definition of development?

A

The carrying out of building, engineering, mining or other operations in, on, over, or under land that makes any material change to the use of the building or land.

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20
Q

What has recently happened in the planning world?

A

The approval of the Levelling Up and Regeneration Bill which has now become the Levelling Up and Regeneration Act on the 26th October 2023

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21
Q

What impact does the Levelling Up and Regeneration Act have?

A
  1. New Section 73B to vary planning permissions
  2. New infrastructure levy which replaces the Community Infrastructure Levy
  3. New powers for LPA’s to in-force planning breaches of up to 10 years
  4. A new ability for LPA’s to refuse to determine applications based on poor performance by developers
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22
Q

Does the public actually have a say?

A

Yes they have the ability to contest a planning application. They also have the ability to take the planning application to court via Judicial Review

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23
Q

What was the process when submitting a planning application

A

You must be able to describe the application
You must submitted it either directly to the LPA or via the planning portal
A copy of the notice bust be displaced on the property
The LPA must register the application

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24
Q

What should be included when submitting a planning application?

A

The application form
Appropriate fees paid
Ownership certificate
Location plan
Site plan
Drawings
Any environmental issues (flooding)
Supporting planning statement

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25
Q

What are the limitations of permitted development?

A

No more than 2 additional floors or 50% of the curtilage of the property

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26
Q

Who are the key decision makers?

A

LPA
Local residents
Local council representatives

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27
Q

What changes are being made to the 5 year housing land supply?

A

The government are proposing to remove the requirement for local authorised with an up to date local plan.

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28
Q

What is a 5YHLS?

A

It is a mechanism included within the NPPF and calculated through standard methodology to calculate the appropriate amount of homes an LPA should deliver to meet national housing requirements.

29
Q

What takes precedence Local plan of 5YHLS

A

If a LPA is not meeting it’s 5YHLS then the NPPF’s assumption in favour of sustainable development kicks in. I would therefore consider 5YHLS to hold most weight when making development decisions.

30
Q

What is 5YHLS used for?

A

It is a calculation used to determine whether there is a deliverable amount of homes to meet the planner housing requirement over the next 5 years

31
Q

What happens when a 5YHLS is not met?

A

The NPPF states that planning applications should instead be decided based on the presumption in favour of sustainable development

32
Q

What is a tilted balance?

A

The NPPF 11D states that if local planning policy is out of date then an application should be approved unless is is located in a protected area

33
Q

How can an application be decided?

A

Through delegated powers
Committee
Secretary of State

34
Q

Who can decide at appeal?

A

Public enquiry
Secretary of State
Case officer

35
Q

Who makes the delicates decision?

A

The case officer

36
Q

What is meant by the presumption in favour of sustainable development?

A

Introduced by the updated NPPF in 2022 the presumption in favour of sustainable development so development is perceived in a positive way. It relates to the three dimensions of sustainability Economic, Social and Environmental.

37
Q

Do developers need to have a planning appraisal before submitting a planning application?

A

No but it helps understand which policies they are meeting, they do need to have a planning statement submitted as part of the planning application.

38
Q

What is the structure of the NPPF?

A

Introduction
Achieving sustainable development
Plan making
Decision making
Delivering a sufficient supply of homes
Building a strong, competitive economy
Ensuring vitality of town centres
Promoting health and safe communities
Promoting sustainable transport
Supporting high quality communities
Making efficient use of land
Achieving well designed places
Protecting green belt land
Meeting challenges of climate change
Conserving and enhancing natural environment

39
Q

What document support the NPPF?

A

Planning Policy Guidance

40
Q

Do you need planning permission for a sales board?

A

Yes if it is a commercial board over 2m2 or a ‘V’ board over 2.3m2
Or for a residential board over 0.5m2 for a single board or 0.6m2 for a double board

41
Q

Local planing policy used when undertaking the planning statement for house in Bursledon?

A

HMO
Residential conversion
Recycling and waste disposal

42
Q

Why did Bursledon require a committee hearing?

A

The local planning authority decided that would be the best way in which they could make a decision.

43
Q

What alternative approaches did you advise your client? (Bursledon)

A

Continued lawful use as C3
Appeal the decision
Continue use with less occupants
Sell the property

44
Q

What is a material consideration?

A

A matter that should be taken into consideration when deciding a planning application, these matters include:
Over looking/ loss of privacy
Parking
Highway safety
Traffic
Noice
Impact on listed building or conservation area
Design
Government policy

45
Q

What is a planning appraisal used for?

A

To reflect on the site against local and National planning policy relating to the proposed development

46
Q

What happened in negotiations with the planning officer?

A

I understood what my client wanted and the planning officer therefore decided full planning application was necessary

47
Q

What local policy did you look at for peace haven?

A

Planning boundary
Residential subdivision and shared housing
Sustainable travel

48
Q

What was the outcome of the peace haven committee?

A

The application was refused and subsequently another person purchased the property. There was then no interest for my client to peruse an appeal.

49
Q

How did you establish the property was in the settlement boundary?

A

I checked the GIS mapping software on the local planning authority’s website and noted from my inspection that the property was located in a built up residential area.

50
Q

When could you appeal?

A

Refusal
Non determination
Granted subject to onerous conditions

51
Q

Major development is?

A

For housing is 10 or more homes or a site area of 0.5ha
For non residential it is 1000 m2 or more than 1ha

52
Q

What does EIA stand for?

A

Environmental impact assessment

53
Q

How long does it take to determine an EIA?

A

16 weeks

54
Q

What does the housing delivery test measure?

A

Measures whether planned requirements have been met over the last 3 years

55
Q

What did the localism act 2011 do?

A

Gave local planning authorised more power to make decisions avoiding reliance on central government

56
Q

What did the planning act 2008 do?

A

It was put in place to speed up large infrastructure project.
It also brought Community infrastructure Levy into force

57
Q

What are the uses within the use class order 2020?

A

B2 - General Industrial
B8 - heavy industrial / logistics
C1 - hotels
C2 - residential institutions with care element
C2a - secure residential institutions
C3 - dwellings
C4 - HMO
E - commercial, business and services
F1 - leaning and non residential institutions
F2 - local community buildings
Sui Generis - in a class of its own

58
Q

What policy would you refer to if the property was located outside the settlement boundary?

A

Countryside policy - planning permission will only be granted for detriment that needs to take place there or is appropriate to do so.

59
Q

Why would someone withdraw a planning application?

A

If it is likely to be refused

60
Q

What are the 5 reserved matters?

A

Access, appearance, layout, landscaping and scale

61
Q

Where is 5YHLS stated?

A

Paragraph 73 NPPF

62
Q

What are the stages of local plan making?

A

Call for sites
Regulation 18 - public consultation
Regulation 19 - public representations
Regulation 22 - submit plan for examination
Regulation 23-24 - independent assessment
LPA review
Adoption
Regulation 34 - monitor and review

63
Q

What was the most recent change to the NPPF?

A

In 2023 the NPPF was updated to incorporate policy for on shore wind farms

64
Q

What is a conservation area?

A

An are of special architecture or historic interest

65
Q

Where would you find all requirements for a planning application on the LPA’s website

A

Validation checklist

66
Q

What is 5 year housing land supply?

A

A supply of specific deliverable sites sufficient to provide 5 years worth of housing against housing requirements set out in adopted strategic policies.

67
Q

What is the purpose of the 5 year housing land supply?

A

The purpose is to provide an indication of whether there are sufficient sites avable to meet the requiem tender out in adopted strategic policies within the next 5 years.

68
Q

How can a local authority demonstrate a 5 year supply?

A

Using a SHLAA (strategic housing land availability assessment)
Or
Confirming the 5 year supply using a recently adopted local plan

69
Q

What does the new infrastructure levy introduce?

A

Introduces powers for local authorised to levy from the GDV for a scheme - 30% of the uplift in profit. So say a scheme is predicted to sell at £300 psf blended and actually sells at £400 psf blended - the LPA can levy 30% of the £100 difference

Rics MK (16 decks)

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