Planning and Development Management

Question 1

When is a full planning consent required?

Answer 1

Required when making detailed proposals for developments which are not covered by a HOUSEHOLDER application or PD rights. This is commonly the case for new buildings of any kind and any ‘commercial’ project.

Can be made when all the details are known and the development is already considered viable.

Examples:
o Any works relating to a flat
o Change of number of dwellings e.g., flat conversion
o Demolition of buildings

Question 2

What section of the Town and County Planning Act deals with full planning consents?

Answer 2

Town and County Planning Act 1990 (Section 62)

Question 3

What information is required for a full planning consent?

Answer 3

1. Site / block plan
2. DAS
3. Location plan

Other supporting info (tbc):
site area,
current / past use,
FRA,
access report,
materials to be use,
info on waste storage and collection,
fowl sewage report
Employment and hours of opening,
past and proposed industrial uses

Question 4

What is a standard timeline for achieving a full planning consent?

Answer 4

Decision – should be within 8 weeks.

Begins when the LPA accepts the application as valid.

Major developments this may take 13 weeks

Technical Details Consent may take 10 weeks

Question 5

What section of the Town and County Planning Act 1990 refers to Outline Planning Applications (with some or all matters reserved)?

Answer 5

Town and County Planning Act 1990 (Section 92)

Question 6

What is the purpose of outline planning applications?

Answer 6

Gain an understanding as to whether the nature of a development is acceptable, this can help ensure viability up front.

Specific details known as ‘reserved matters’ can then be confirmed later.

Allowing for planning permission to be granted subject to the condition that reserved matters are approved before development begins.

Question 7

Can you give some examples of what matters might be reserved / withheld under an outline planning permission?

Answer 7

1. Appearance
2. Means of access
3. Landscaping
4. Layout
5. Scale

Appearance - aspects of a building or place which affect the way it looks, including the exterior of the development

Means of access - covers accessibility for all routes to and within the site, as well as the way they link up to other roads and pathways outside the site

Landscaping - the improvement or protection of the amenities of the site and the area and the surrounding area, this could include planting trees or hedges as a screen

Layout - includes buildings, routes and open spaces within the development and the way they are laid out in relations to buildings and spaces outside the development

Scale - includes information on the size of the development, including the height, width and length of each proposed building

Question 8

What is the purpose of pre-application advice?

Answer 8

Opportunity to discuss development proposals with the Local Authority before submitting a planning application.

Benefits:

1. Can give you advice about the acceptability of your proposed development
2. identifying any problems which you may need to solve
3. identifying financial contributions avoiding abortive work
4. can help reduce the number of planning conditions placed on an application

Question 9

Timescales for outline planning application

Answer 9

Decision – should be within 8 weeks.

Begins when the LPA accepts the application as valid.

Larger developments this may take 13 weeks

Question 10

What happens once outline planning permission is granted?

Answer 10

Not consent for development to begin.

Reserved matters application must then be made within three years of the consent consent (or a lesser period if specified by a condition on the original outline approval).

The details of the application must be consistent with the outline approval, including any conditions attached to the permission.

Development must commence within two years from the latest reserved matters approval.

Question 11

Within what timescale does a reserved matters application need to be made following outline planning permission being granted?

Answer 11

Reserved matters application must then be made within three years of the consent consent (or a lesser period if specified by a condition on the original outline approval).

Question 12

When does development need to commence following reserved matters approval?

Answer 12

Development must commence within two years from the latest reserved matters approval

Question 13

When are reserved matters applications required?

Answer 13

Only required when the applicant already has outline planning permission for a development

must be in line with the outline approval, including any conditions attached to the permission. If your proposals have changed in any way, you may need to reapply for outline or full planning permission.

Some, though not all, details may have been formally submitted and approved at the outline application stage, if the applicant chose to do so, or the council insisted

Question 14

What happens once you have gained approval for reserved matters?

Answer 14

legally able to begin development on your project, subject to any conditions on the permission

Question 15

What section of the Town and County Planning Act 1990 deals with minor material amendments to planning applications?

Answer 15

Section 73

Question 16

When would you use a S73 or a S96a?

Answer 16

No formal definition of what is classed as a minor material or non-material amendment. Up to the LPA to determine, however typically if consultation is required then it will be a S73 material amendment.

S73- removal or variation of planning conditions. Grants a new application. 8 weeks to determine. Used typically when there in a noticeable change such as massing, heights, elevations, and windows sizes (impacts D/S).

S96a - variation to the existing planning application. 28 days to determine. No noticeable major impact such as a variation of the layout of a proposed internal arrangement or minor change to materials. I am however aware of cases where a change in a 34 to 35 storey tower has been classed as a S96a.

Question 17

What section of the Town and County Planning Act 1990 deals with non-material amendment to planning applications?

Answer 17

S96A

Question 18

What are planning conditions and what is the purpose of them?

Answer 18

1. Often applied to the grant of planning permissions
2. Limit and control the way in which planning permission must be implemented
3. Aim to improve the quality of planning applications through the mitigation of any adverse effects
4. Maybe used to REGULATE DEVELOPMENT OR USE OF LAND
5. Can LIMIT WORKS on the land to ensure the development can be approved through meeting specified requirements set out by the relevant planning authority

For example, these may specify the nature of the building work, hours of opening, length of time permission is granted for or the necessary assessments which accompany an application

Question 19

How can the number of planning conditions be reduced on a site?

Answer 19

by pre-application discussions between the applicant and LPA

Question 20

What part of the Town and County Planning Act refers to the removal or variation of planning conditions?

Answer 20

section 73 application

Question 21

What type of application is made if you wish to demonstrate how you have met a condition(s) placed on development?

Answer 21

Approval of Details Reserved by a condition if you wish to demonstrate how you have met a condition(s) placed on development.

Question 22

What are some of the different types of planning applications?

Answer 22

1. Full planning (S62)
2. Outline planning (S92)
3. Reserved matters (XXX)
4. Amendment via minor material amendment (S73)
5. Amendment via a non-material amendment (S96A)

Question 23

When would a S96a (non-material amendment be used)?

Answer 23

Used by LPA to deal with minor changes to permission without the need for a new application.
No formal definitions of what is minor.

Question 24

What information is required in a S96a?

Answer 24

Non-mat is not a new planning permission but is attached to the original permission.

D&A statement not required, however it does need new plans showing the proposed alterations

Question 25

How long does it take to determine a S96a application?

Answer 25

28 days to determine the application

Question 26

When can a S73 planning application be made?

Answer 26

If the change of the permission is too great to be considered non-material but ONLY if there is a suitable condition attached to the planning permission which could be varied or removed to facilitate the changes to the scheme.

Question 27

How long does it take to determine a S73 application?

Answer 27

8 weeks to determine the planning application.

Question 28

Does a S73 grant a new standalone planning permission?

Answer 28

Yes - will need to review application against policies including any new policies since original permission. LPA will consider the need for contributions via S106 agreement.

Question 29

How do you determine whether to use a S73 or s96a?

Answer 29

no statutory definition on what a non-mat is a - vary depending on the nature and scale of the approved scheme.

If the case officer can assess that the alteration is too great to be considered non-mat then the applicant is invited to withdraw the application and apply for a minor amendments S.73 application.

Consider whether the change to the scheme warrants consultation (not non-mat)

The decision is at the discretion of the LPA and will involve the planning case officer’s best judgement.

You can make a non-material amendment to a reserved matters consent

You can not make a non-material amendment to a listed building or conservation area consent

Question 30

What are standard timescales for determining planning applications?

Answer 30

8 weeks for straight-forward planning applications

13 weeks for unusually large or complex applications

16 weeks if the application is subject to an Environmental Impact Assessment (EIA)

Extensions can be agreed -after 26 weeks (unless agreed otherwise) then applicant is able to appeal

Question 31

What is the purpose of the National Planning Policy Framework (2012)?

Answer 31

1. Sets out government planning policy for England.
2. Provides a FRAMEWORK for the development of local plans to meet housing needs in a sustainable manner and covers economic, social and environmental aspects of development.
3. Policies within it must be taken into account when preparing Local Plans and Neighbourhood Plans and is a MATERIAL CONSIDERATION in deciding planning applications.

Question 32

What are the key principles of plan making and decision taking in the NPPF?

Answer 32

12 core principles of NPPF – Plan making and decision-taking
(Parts 3 & 4 of the NPPF)

1. Should be genuinely plan-led.
2. Should be a creative exercise, not just one of scrutiny.
3. Should be proactive in driving and supporting sustainable development.
4. Should seek and secure high quality.
5. Should take account of the diverse character of different areas.
6. Should support the transition to a climate-resilient, low-carbon economy.
7. Should contribute to conserving and enhancing the natural environment and reducing pollution.
8. Should encourage the use of brownfield land.
9. Should encourage mixed-use development.
10. Should conserve heritage.
11. Should maximise the use of public transport, walking and cycling.
12. Should support health, social and cultural wellbeing.

Question 33

What updates have there been to the NPPF in December 2023?

Answer 33

Key changes:

1. Plan-making aims to provide sufficient housing and development in a sustainable manner. Preparing and maintaining up-to-date plans should be seen as a priority in meeting this objective
2. Various reforms to housing delivery

HOUSING LAND SUPPLY

Removal of the requirement for LPAs with an up-to-date development plan, which identified a five-year housing land supply, to update their five-year land supply annually.

Removal of the 5% and 10% buffers, which could be applied to an authority’s housing land supply – subject to a transitional arrangement to ensure that decision making on live applications is not affected.

LPAs with a plan at Regulation 18 stage or further and with a policy map and proposed allocations towards meeting housing need must demonstrate a four year housing land supply, rather than five year, until 18 December 2025, to reward them for their “advanced stage” of plan-making. Conversely, those without a local plan will be required to update their land supply annually.

HOUSING DELIVERY TEST

Changes to the Housing Delivery Test, so that the 20% buffer will be added to the housing land supply of LPAs where delivery is lower than 85% only if they do not have an up-to-date plan.

3. New drafting on protection from “out of character” residential development - safeguard local plans from densities that would be wholly out of character; “significant uplifts in the average density of residential development may be inappropriate if the resulting built form would be wholly out of character with the existing area”
4. Green belt alterations - Places a local lock on any changes to Green Belt boundaries, whereby LPAs can no longer review green belt boundaries when plans are being prepared or updated. Only in exceptional circumstance via the planning system.
5. Energy efficient building improvements - New paragraph stating: “LPAs should give significant weight to the need to support energy efficiency and low carbon heating improvements to existing buildings, both domestic and non-domestic (installation of heat pumps and solar panels)”
6. Allocation of agricultural land for development
7. Plan-making aims to provide sufficient housing and development in a sustainable manner. Preparing and maintaining up-to-date plans should be seen as a priority in meeting this objective

Question 34

When was the NPPF last updated?

Answer 34

December 2023

Question 35

What does NPPF stand for?

Answer 35

National Planning Policy Framework

Question 36

How did the NPPF come about?

Answer 36

The NPPF followed a commitment made in the 2010 Coalition Agreement to ‘publish a simple and consolidated national planning framework covering all forms of development and setting out national economic, environmental and social priorities’.

The framework replaced a wide range of previous planning policy statements and planning policy guidance.

Question 37

What is the purpose of the planning system?

Answer 37

Achieving sustainable development - Part 2 of the NPPF

to contribute to the achievement of SUSTAINABLE DEVELOPMENT, including the provision of homes, commercial development, and supporting infrastructure in a sustainable manner.

Achieving sustainable development - planning system has three interdependent / mutually supportive objectives:

Economic objective - to help build a strong, responsive and competitive economy by ensuring land is available used in the most effective way and coordinating the provision of infrastructure

Social objective - to support strong, vibrant and healthy communities, by ensuring a sufficient number and range of homes can be provided to meet the needs of present and future generations.

Environmental objective - to protect and enhance our natural, built and historic environment; including making effective use of land, improving biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy.

Question 38

How is sustainable development defined?

Answer 38

meeting the needs of the present without compromising the ability of future generations to meet their own needs

Question 39

What is the structure of the NPPF?

Answer 39

Introduction, followed by overarching principles around achieving Achieving sustainable development, Plan-making and Decision-making, followed by detailed guidance under 13 sub-headings that contribute to the delivery of sustainable development:

1. Introduction
2. Achieving sustainable development
3. Plan-making
4. Decision-making
5. Delivering a sufficient supply of homes
6. Building a strong, competitive economy
7. Ensuring the vitality of town centres
8. Promoting healthy and safe communities
9. Promoting sustainable transport
10. Supporting high quality communications
11. Making effective use of land
12. Achieving well-designed and beautiful places
13. Protecting Green Belt land
14. Meeting the challenge of climate change, flooding and coastal change
15. Conserving and enhancing the natural environment
16. Conserving and enhancing the historic environment
17. Facilitating the sustainable use of minerals

Question 40

What is the Environmental Impact Assessment Process?

Answer 40

Covered under Town and Country Planning (Environmental Impact Assessment) Regulations 2017.

EIA process helps identify the possible environmental effects of a proposed activity and how those impacts can be mitigated.

Five stages:
1. Screening – assessing whether the scheme falls within the remit of regulations
2. Scoping – determining the extent of issues to be considered in the assessment
3. Preparing an Environmental Statement
4. Making a planning application and consultation
5. Decision making – 16 weeks determination

Question 41

When did the First Homes Guidance come into effect?

Answer 41

28th June 2021

Question 42

What are First Homes?

Answer 42

type of discount market sale housing and should be considered to meet the definition of “affordable housing” for planning purposes

• minimum discount of 30% against the market value - can be 40% or 50% discount if the LPA can demonstrate a need for this
• Nee to meet First Homes eligibility criteria;
• first sale, restriction on title to ensure the discount (as % of current market value) are passed on at each subsequent title transfer;
• after the discount has been applied, the first sale must be at a price no higher than £250k (or £420k in Greater London).

Legal mechanism to make sure the discount is passed onto all future purchasers is in the S106 and Town and County Planning Act 1990

Question 43

What % of affordable homes should be First Homes should be delivered on all sites?

Answer 43

25%

Question 44

What is the Town and County Planning Act 1990?

Answer 44

A piece of LEGISLATION in the United Kingdom that outlines the LEGAL FRAMEWORK for LAND USE PLANNING.

The Act provides the BASIS FOR THE PLANNING SYSTEM in England and Wales, and it has been amended several times since its enactment.

Question 45

What some of the key provisions within the Town and County Planning Act?

Answer 45

DEAL LECH

1. Development Controls
2. Enforcement
3. Appeals
4. Local Plans
5. Listed Buildings and Conservation Areas
6. Environmental Impact Assessment
7. Compulsory Purchase
8. Highways and Public Rights of Way

Question 46

What Act did the Town and County Planning Act 1990 supersede and what were the changes?

Answer 46

Superseded the 1947 Act and made several changes

Dividing planning into
1. forward planning (setting out future strategy of Local Authority)
2. and development control (controlling the current development)

Question 47

What is the structure of the Town and County Planning Act 1990?

Answer 47

Make up of 15 parts with 337 different sections which covers a wide range of topics related to land use and planning and development. Each section serves a specific purpose in the overall regulatory framework of the planning system in England and Wales.

Part 3 of the Act primarily deals with development control. It outlines the procedures and considerations involved in the granting of planning permission by local planning authorities. Ultimately it places all significant development decisions by private landowners in public ownership, which was seen as being necessary to prevent development taking place that was against the will or best interests of the community.

Question 48

What does Part 3 of the Town and County Planning Act 1990 cover?

Answer 48

Primarily deals with DEVELOPMENT CONTROL.

It outlines the PROCEEDURES AND CONSIDERATIONS involved in the granting of planning permission by local planning authorities.

Ultimately it places ALL SIGNIFICANT DEVELOPMENT DECISIONS by private landowners in PUBLIC OWNERSHIP, which was seen as being necessary to prevent development taking place that was against the will or best interests of the community.

Question 49

What are some of the Key sections of the Town and County Planning act linked with development control?

Answer 49

Section 55 - defines what constitutes “development” for the purposes of planning permission.

Section 58 - specifies the general duty of local planning authorities to determine applications for planning permission.

Section 60: Outlines the process of making an application for planning permission, including the required information and documentation.

Section 62 - A development order may make provision as to applications for planning permission made to a LPA (full planning)

Section 73 - Provides a mechanism for the variation of conditions attached to a planning permission without the need for a new planning application.

Section 92 - Outline planning

Section 96a - Power to make non-material changes to planning permission - LPA if they are satisfied that the change is not material.

Section 106 allows for the setting in place of planning agreements or planning obligations that developers must meet in order to secure planning permission. The purpose of Section 106 is to offset the costs (social, infrastructural, economic, etc.) entailed with the development going ahead. This can take the form of a provision for social or affordable housing, or a contribution towards the provision of better local infrastructure. For more information, see Section 106 contributions.

Question 50

What are the key nation legislation, policy and guidance concerning planning?

Answer 50

Legislation
- The Town and County Planning Act

Question 51

What are the key national policy documents, guidance and legislation in the UK?

Answer 51

National Policy Documents

National Legislation
- The Tow and County Planning Act 1990
- The Compulsory Purchase Act 2004

National Planning Guidance
- The National Planning Policy Framework 2012

Question 52

What are the key local planning documents in the UK?

Answer 52

• Local Plans
• Neighbourhood Plans
• Housing / s106 SPD / SPG
• Other Planning Guidance

Question 53

What are National Planning Practice Guidance Documents?

Answer 53

An extensive online resource of detailed policy guidance provided by the Ministry of Housing, Communities and Local Government. First published in March 2014.

Along with the NPPF they set out how the government envisages the day to day working of the planning system in England to operate. This guidance is typically aimed at interpreting and implementing planning policies and regulations effectively.

Question 54

Can you give some examples of National Planning Practice Guidance Documents?

Answer 54

There are around 58 guidance notes. For example:

o Planning Appeals
o First Homes
o Community Infrastructure Levy
o Determining a planning application
o Fees for planning applications

Question 55

How did you determine which documents were required for the planning submission?

Answer 55

1. Review the “Making an application” planning guidance document to determine what documents were required for the full planning application. This set out the essential documents to make a planning application valid (application form, national requirements, local requirements, correct application fee)
2. National requirements
   * Plans and drawings - Location plan (and Block Plan)
   * Ownership certification
   * Agricultural Land declaration
   * Design and Access Statement (major application so required)
   * Fire Statement (buildings over 18m)
3. Local requirements (LPA to set out as per paragraph 42 of the NPPF)
   * Checked Merton’s validation check list – set out a list of validation requirements
   * type of application needed for and when
   * what information is required
   * policy driver – both in the Local Plan and London Plan
4. Listed out the documents I though were required and check with the Planning Officer via email

Question 56

What documents did you identify as key documents for the planning application?

Answer 56

Essential documents to validate the planning permission:
1. Application Form
2. Correct application fee
3. National requirements (5 documents)
- Ownership certification
- Agricultural Land declaration
- Design and Access Statement
- Plans and drawings (Location plan and block plan)
- Fire Statement
4. Local requirements - from LBM’s validation checklist

1. Affordable Housing Statement
2. Arboricultural statement
3. Air Quality Assessment
4. CIL
5. Contaminated Land
6. Daylight / sunlight assessment
7. Documents / drawings
8. Economic benefits assessment
9. EIA – screening, scoping was not required – separate application
10. Elevations, floor plans, sections (existing and proposed)
11. Schedule of accommodation
12. Street Scene
13. Flood Risk Assessment
14. Drainage Strategy and Sustainable Design Systems (SUDS)
15. Health Impact Assessment
16. Heritage Statement
17. Lighting assessment
18. Noise assessment
19. Open space assessment
20. Parking provision
21. Photos
22. Planning Statement
23. Samples of materials
24. Site sections levels / levels / demo plans
25. Site waste management plan
26. Statement of community involvement
27. Bin Stores / recycling facilities
28. Character Analysis and Appraisal
29. Child Yield Estimation
30. Sustainable Design and Construction statement
31. Telecoms Statement – cannot see on portal but was being prepared
32. Transport assessment / travel plan

No viability statement – fast track route

Other documents not on validation checklist
o Ecological Assessment – BDNG – not listed on validation list
o Circular Economy
o Energy Statement
o Whole Life Cycle Carbon Emissions
o Wind-microclimate assessment
o Overheating assessment
o Geo-environmental risk assessment
o Townscape and visual impact assessment
o Archeology Assessment
o Stopping Up Plan

Question 57

What is the purpose of a pre-application meeting?

Answer 57

Can seek clear and professional advice to individuals or businesses who are considering applying for planning permission from the Local Council’s planning and development team

o information on relevant policies and planning requirements
o the estimated timescale to process your application
o the information you need to provide on your planning application
o Section 106 matters including likely heads of terms
o best practice consultation methods.
o help resolve planning issues at the Pre-application stage.

Question 58

What did you review in draft reports?

Answer 58

Reviewing draft reports

Ensuring they read well, were accurate and consistent across the reports

Ensuring consistency across the reports in terms of the site area, units, distances to amenities, travel times

Amending wordings to be more concise, grammar and punctuation

Question 59

What is a S106 agreement?

Answer 59

allows for the setting in place of planning agreements or planning obligations that developers must meet in order to secure planning permission.

Purpose of Section 106 is to offset the costs (social, infrastructural, economic, etc.) entailed with the development going ahead.

This can take the form of a provision for social or affordable housing, or a contribution towards the provision of better local infrastructure.

Question 60

What is a flood risk assessment?

Answer 60

document that reviews a development in its proposal form to assess it against the risk of flooding (groundwater, river (fluvial), surface water, estuary/coastal (tidal), or from sewer sources)

It should also take the surrounding area into account and whether the development poses a flood risk to areas nearby.

Question 61

When do you need a flood risk assessment and who requires one?

Answer 61

Required under NPPF and the Environment Agency Guidance on development when:
- Flood zone is in 2 or 3
- Critical drainage area
- Site is greater than 1Ha for sites in flood zone 1
- Within 20m of an EA main river

Question 62

What does a flood risk assessment need to include as a minimum?

Answer 62

Exception tests part A and B:

Part A determines whether what is proposed is safe for its lifetime.
Part B determines whether it provides sustainable benefits to the area.

Question 63

Key sections of the NPPF related to your work?

Answer 63

Paragraph 2 - Applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. NPPF must be a material consideration in creating development plans and planning permissions.

Paragraph 8 - Achieving sustainable development means that the planning system has 3 overarching objectives, which are interdependent and need to be pursued in mutually supportive ways

Paragraph 11 - Plans and decisions should apply a presumption in favour of sustainable development.

Paragraph 42 - Pre-application discussions with consenting bodies - early consideration of issues - whether a particular development will be acceptable in principle,

Paragraph 56 - Planning conditions should:
- kept to a minimum
- only imposed where they are necessary
- relevant to planning and to the development to be permitted
- enforceable
- precise and
- reasonable in all other respects.

Agreeing conditions early is beneficial to all parties involved in the process and can speed up decision-making. Conditions that are required to be discharged before development commences should be avoided, unless there is a clear justification

Paragraph 57 - Planning obligations must only be sought where they meet all of the following tests :
(a) necessary to make the development acceptable in planning terms;
(b) directly related to the development; and
(c) fairly and reasonably related in scale and kind to the development.

Paragraph 96 - Planning policies and decisions should aim to achieve healthy, inclusive and safe places and beautiful building

Paragraph 123 - Planning policies and decisions should promote an effective use of land in meeting the need for homes and other uses, while safeguarding and improving the environment and ensuring safe and healthy living conditions.

Paragraph 159 - New development should be planned for in ways that:
- avoid increased vulnerability to the range of impacts arising from climate change.
- help to reduce greenhouse gas emissions, such as through its location, orientation and design.

Question 64

What paragraph in the NPPF sets out if plans the test to determine if plans are “sound”?

Answer 64

Paragraph 35 of the NPPF

Question 65

What does PTAL stand for?

Answer 65

Public transport accessibility level

Question 66

Define what PTAL is?

Answer 66

measure of the accessibility of a point to the public transport network.

The measure reflects:

Walking time to the public transport access points;
Reliability of the service modes available;
Number of services available within the catchment; and
Level of service at the public transport access points - i.e. average waiting time.

Each area is graded between 0 and 6b, where a score of 0 is very poor access to public transport, and 6b is excellent access to public transport.

Used in Greater London only

Question 67

What is the purpose of the planning system?

Answer 67

Ensures that the right development happens in the right place at the right time, benefitting communities and the economy. It plays a critical role in identifying what development is needed and where, what areas need to be protected or enhanced and in assessing whether proposed development is suitable.

Question 68

What has been the purpose of Government planning reforms in the UK?

Answer 68

This government’s planning reforms have:

ensured that planning enables sustainable development delivering the homes and jobs communities need

simplified the planning system

enabled planning decisions to be taken at the lowest possible level with the involvement of local people

ensured strong protections are in place to conserve and enhance our valuable natural and historic environment

Question 69

What are the key principles of the planning system?

Answer 69

Planning system is designed to be applied by local governments and communities.

Key decision takers in the planning system
a. Local Planning Authority
b. Three tier government
1. district / borough / city council
2. County Council
3. Parish / town council

Councilors / Officers / Secretary of state / the Planning Inspectorate

National Planning Policy Framework

Duty to cooperate

Strategic planning

Local Plans

Neighbourhood Plans

The Town and County Planning Act 1990 – S106

Question 70

What is a Local Planning Authority?

Answer 70

the local government body that is empowered by law to exercise planning functions for a particular area and control development. In England the LPAs include:
- borough / district / city councils
- 2 Major development corporates - London Legacy Development Corporation and the Old Oak and Park Royal Development Corporation
- 10 National Parks Authorities

Question 71

Can you give some examples of Planning Practice Guidance Documents?

Answer 71

• Planning Appeals
• First Homes
• Community Infrastructure Levy
• Determining a planning application
• Fees for planning applications

Question 72

How do you obtain planning permission?

Answer 72

LPA receive planning application

Validate proposals and publicize (site notices, notifying neighbors and councils) – people will have a chance to express views.

Formal consultation period normally lasts 21 days. Written comments taken into consideration by LPA when they make a decision as long as the raised considerations are relevant to the proposal and material to planning – general principle of what is material – impact on public interest not private matters

LPA has:
* 8 weeks to make a decision on minor applications
* 13 weeks for major applications
* Start on site within 3 years

Question 73

What is a covenant on land and how are they removed?

Answer 73

Covenant on the land or building which restricts its future use

Cannot be disregarded or removed unless done by an agreement, discharged by the Lands Tribunal or land comes into a single ownership.

Legal issue – not dealt with via planning

Question 74

Who is in charge of enforcing planning law?

Answer 74

LPA – The Localism Act 2011 gave new powers to LPA to extend the time to investigate cases where unauthorized development has been deliberately concealed

Question 75

What are reserved matters?

Answer 75

Aspects of a proposed development which an applicant can choose not to submit details of with an outline planning application, (i.e., they can be ‘reserved’ for later determination).

These are defined in article 2 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 as:
o Access
o Appearance
o Landscaping
o Layout
o Scale

Question 76

Is there a time limit for making an application for approval of reserved matters?

Answer 76

Under section 92 of the Town and Country Planning Act 1990, applications for approval of reserved matters must be made within a specified time-limit, normally 3 years from the date outline planning permission was granted.

Question 77

Do all reserved matters need to be submitted for approval at the same time?

Answer 77

Approval under outline permission may be made either for all reserved matters at once, or individually.

Question 78

Which authority should deal with a planning application?

Question 79

Can you give me an example of where you have advised on parking provision?

Answer 79

Advised on a suitable development brief
Reviewed the London Plan and ELP - refer to London Plan for parking policies
Starting point for all dev proposals which are WELL CONNECTED should be car-free
Maximum parking provision:
0.75 spaces per dwelling - 1&2 beds
1 space per dwelling - 3 beds

Analysed parking provision of consented schemes schemes within PTAL 3 in LBM to determine the planning precedent (car-free to 0.5 spaces / dwelling)

Analysed uptake of parking at Berkeley Developments with similar transport connectivity levels (0.2 - 0.4 spaces/ dwelling)

Based on my review I advised MD target provision of 0.25 spaces / dwelling in the development brief and suggested a pre-app with the Local Authority would be required.

20% active EVCP provision and 80% passive EVCP
Disabled residential parking - 1 space for 3% of the total dwellings and ability for a further 7% of dwellings to be able to have a disabled space in the future if required

Question 80

What are the challenges in bring forward care-free developments?