Planning and Development Management Flashcards
What are the 3 core standards of the NPPF
NPPF is fundamentally based upon achieving sustainable development through economic, social and environmental objectives (para 8)
Economic
Social
Environmental
When was NPPF published and when was it revised
Published 2012
Revised 2021
Talk me through what you undertook and took place at Great Homer Street
Discharge of conditions for Lidl store and TH drive thru
-Delivery service management plan for TH
-Technical approval of off site highways works
-Waste management plan
-construction method statement
-surface water drainage
-Nesting birds
Also undertook signage appeal against larger billboard refusal. In line with recent consents at Belle Vale.
-advertisements can only be considered in terms of their effect on amenity and public safety (in accordance with the NPPF, Planning Practice Guidance and Advertisement Regulations).
-There has been no suggestion that the proposed billboard impact on public safety.
Extended delivery hours for TH under a s73
from 10-4 to 5-12 7 days a week
Delivery management plan showed that nearby occupiers are not adversly affected
What is a s73?
S73 of the Town and Country Planning Act 1990
-Allows LPA to agree to remove/ vary/discharge the conditions of a planning permission
-“minor material amendment” - seeks approval for
-new planning permission which sits alongside original permission
-s73 sits alongside original planning application, which remains intact and unamended
Tell me about the planning review at Maghull?
-Relocation of existing store to edge of town due to turnover performance as a result of the new Aldi store opening
-prior to negotiations I wanted to understand the chances of gaining planning
-Outline consent in site for 100 hectare residential scheme with employment use and a mixed use local centre which would be suitable for Lidl
For the planning appraisal at Maghull, can you expand further why you believe planning can be achieved
-Large Strategic Mixed Use allocation for the development of 1,400 homes and a employment uses (20ha) under Sefton Local Plan Policy MN2.
-Maghull Neighbourhood Plan was ‘made’ in January 2019. Policy MAG6 supports the delivery of the allocated uses in accordance with the Masterplan.
-An indicative masterplan has been approved, which identifies the appraisal site as the location for the new local shopping provision. The masterplan document suggests that the local centre is suitable to accommodate a foodstore of up to 1,500sqm gross alongside a 500sqm parade of local shops and other suitable uses such as a public house. Images in the masterplan document identify an Aldi and a Co-op store.
-Outline planning permission DC/2017/01528, which was approved in October 2021, grants outline consent for a ‘mixed-use local centre’ on land including the appraisal site, as part of a wider residential-led scheme on part of the allocated site. The conditions attached to the consent do not impose any restrictions upon the quantum of retail floorspace or the use of any retail floorspace.
-Good prospect under reserved matters
You mention a reserved matters application, what is this?
Outline consent requires the a further reserved matters application
Why would you seek a reserved matters application rather than full application for a standalone store
-Reserved matters less onerous as a result of exiting approvals
Talk me through the planning application that you oversaw at Moreton?
-Ran by external planning consultants Barton Willmore.
-Full planning app for foodstore and library with outline for residential
-i assisted with compiling necessary reports
-Barton Willmore undertook planning statement
-I compiled relevant plans/drawings
e.g
FRA Drainage
Site Plans
Noise assessment
Landscape
Travel Plan - identifying and propmiting sustainable transport initiatives ie walking,cycling public transport
Talk me through what planning and development took place at Belle vale
Planning was granted subject to payment of UU
-Council Legal Fees 2k
-Art contribution 2k
-Street tree contribution £20k
What is a Unilateral Undertaking
UU is a Planning obligation under s106 of the Town and Country Planning Act 1990
Legal document entered into with the council
Planning was approved subject to payment of UU
What law governs development and town planning in the UK?
Town and Country Planning Act 1990
How do you go about making a planning application
-Fill out application form
Notify all parties with an interest in the land. They have 21 days to make representations
-Pay fee
What are the steps once a planning application has been registered
-Application registered
-Applicant is notified
-Public consultation for 21 days
-Followed by committee report
-should be 8 weeks for decision
Who produces local plans
-Local authority
How can you appeal a planning decision
right to appeal under s78 of the Town and Country Planning Act 1990
What is the difference between a full and outline planning permission?
Full - 3 years to build
Ouutline - 3 years to apply for reserved matters
What is a s106
Forms part of Town & country planning act 1990
planning obligation (and comes in the form of a legal document)
What is a s278 agreement
Relates to highways contributions
When wass the NPPF first published
2012
Revised 2021
What is a non material amendment
Changes to a planning proposal that are minor and dont materially alter size or scale of footprint
What is pre-application advise?
Provided by planning officers employed by the council
-outlines the likelihood of a subsequent application based off information provided
-Provides advise on any changes likely to be needed to give the scheme the best chance of being granted a planning permission
Is pre-app advice binding?
No
On what grounds can a party wish to appeal
Planning refusal
Non-determination
What are permitted development rights
allow building changes and changes of use without having to make a planning application. These rights are set out in The Town and Country Planning (General Permitted Development) Order 1995
What act requires developers to consult with communities before submitting an application
Localism Act 2011
What is NPPF
Sets outs Governments economic, environmental and social planning policies for England
After reserved matters, how long do you have to commence works
2 years
What are the 5 reserved matters
Appearance
Access
Scale
Layout
Landscape
Why is a s106 required in planning
To make a development acceptable
is s106 negotiable
Yes
Is CIL negotiable
No. Its a tariff based system
Who are statutory consultees
Organisations, statues which must be consulted on relevant planning applications
e.g Highways
Network rail
-sports England
What is the process for create in a local plan
Publication
Submission
Inspectorate
Adoption
What is a resolution to grant
committee or delegated decision to grant a planning permission
Can you give me example of pre-occupation planning conditions you have had to deal with
-Construction method statement
-Waste management plan
-Technical approval of off site highways works
What is the consequence of failing to discharge conditions at the correct time
Temporary Stop Notice
What is DDA compliance
The Disability Discimination Act
Provide access for discabled people
What is a material consideratoin
Matter which should be taken into account when deciding a planning application
e.g loss of landscape features
Noise and discturbance
What is Environmental Impact Assessment
tool used to assess the development proposals impacts on the environment
What is a core strategy
This Core Strategy sets out a spatial planning framework for the long term development of the
Borough for the next 15 to 20 years. It is a strategic document providing the broad strategy
What is a listed building
a building that has been placed on the statutory list of buildings of architectural or historic interest
Have there been any further permitted changes to the use classes
If so, what?
Town and Country Planning Order Amended 2021
-Development class MA - right to change use of premises from commercial, business, service to use as a dwelling ie class E to C3
At the time of application
-building mustve been vacant for 3 months
-use class E for 2 years
-floorspace cant exceed 1,500 sqm
Whats the difference between a material amendment and non-material amendment?
Material amendments changes which are not acceptable and you would have to obtain a new planning permission e.g size and scale of development
Non-material amendments, dont affect size and scale - decision is made under s96 of Town and Country planning Act 1990 and is read alongside original app
You reference plannings hierarchal structure, what is this?
-Planning on a national level - NPPF
-regional - regional spatial strategies - long term spatial strategies for the strategic development of an area
-local level - local plans, decisions on planning apps
What is a…
-Local plan -
-Neighbourhood plans
-Supplementary planning docs
-Development Plan Documents
-NPPF
-Local plan - prepared by LPAs. They set out their vision and framework for the future development of and land use in their area. A local plan identifies what development is needed, where it should go, and what land is protected.
-Neighbourhood plans - are prepared by parish or town councils. Allocate sites for development
-Supplementary planning docs - Supplementary planning documents (SPDs) add more detail to the policies in the Local Plan.
-Development Plan Documents (planning policy docs which make up local plan)
-NPPF - NPPF is fundamentally based upon achieving sustainable development through economic, social and environmental objectives (para 8)
What is discharging of planning conditions
You will be required to detail how you intend to meet the conditions
What is a delivery service management plan
-Managing delivery and and servicing trips to and from development in order to minimise the impacts of these trips on the surrounding local highway
What is technical approval of off site highways works
The Technical Approval process considers the design, construction, assessment, alteration, strengthening and repair of structures.
-then 278 entered into
What is a waste management plan
outlines how large amounts of waste created by a business will be managed and dealt with, including estimates of waste type, volume and management method
What is a construction method statement
Providing information about how Main Contractor expect the work to be carried out and the precautions that should be taken
What are the current trends in panning policy
-local elections - local plan delays
-planning permissions for housing has reached lowest level since 2006
-BNG - 10%
