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VT APC > Planning and Development Management > Flashcards

Planning and Development Management Flashcards

1
Q

What is the National Planning Policy Framework (2023)

A
  • Sets out the government’s planning policies for England and how these are expected to be applied
  • It provides a framework within which locally-prepared plans can provide for sufficient housing and other development in a sustainable manner
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2
Q

What is a Local Plan?

A

Prepared by LPAs in consultation with its community, set out a vision and framework for the future development of an area

It is the starting point for considering whether planning applications can be approved

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3
Q

What is a neighbourhood plan?

A

Gives communities direct power to develop a shared vision for their neighbourhood and shape the development and growth of their local area

Led by community forums

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4
Q

What is the Localism Act (2011)

A

Under the act local communities are empowered in decision making

E.g. through the introduction of Neighbourhood Plans

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5
Q

What did you learn in the CPD relating to Planning Governance in England?

A
  • I learnt about Homes England role in helping to deliver housing (they are the government’s affordable housing and regeneration agency who accelerate the pace of house building and regeneration)
  • I also learnt that officers make recommendations to the counsellors (Rox Fiaz is a counsellor)
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6
Q

What is the timescale of a planning application?

A
  • Submit
  • Validate
  • Determination (8, 13, 16 weeks)
  • Consultation (21 days from letter)
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7
Q

What is a planning condition?

A

When planning permission is granted, it comes with a set of conditions which have to be discharged

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8
Q

Provide an example of discharging a planning condition?

A

DLR Infrastructure Protection (Plot 6)

  1. Key requirement was to provide evidence that construction works would not impeach on the DLR 10-metre protection radius
  2. Liaised with main contractor to request a set of drawings that identified all temporary structures, cranes and other lifting equipment
  3. Showed they would not impeach on the DLR 10-metre protection radius
  4. I drafted a cover letter which outlined what the drawings evidenced and sent it to the planning consultant to upload
  5. Condition was discharged
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9
Q

How quickly does a LPA have to discharge a planning condition?

A

8 weeks

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10
Q

Provide an example of when you have applied for planning permission?

A

Silvertown HPA

  1. Included reconfiguration of plots included in the detailed and outline components, following second stair-core guidance
  2. Advised consultants on the masterplan changes to update their respective documents
  3. Reviewed each document to ensure they were aligned to the planning strategy and changes were captured, and check level of information was suitable
  4. Ensured consistency
  5. Successfully submitted
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11
Q

What is the second stair-core guidance you referenced?

A

Building Regulations (2010) Approved Document B - Second staircore mandatory in all new resi buildings over 18 metres from 30th September 2026

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12
Q

When have you provided advice on a planning application?

A

TfL Statutory Consultee Response on School Drop-offs

  • Advise my client on a response to TfL
  • TfL concerned about absence of car parking spaces for drop off in submitted masterplan
  • I reviewed the GLA Population Yield Calculator to understand the number of primary school pupils forecast to live across the Silvertown masterplan (900-1000)
  • Reviewed capacity of the school (600-800 pupils)
  • ADVISED my client that school will cater for 800 pupils from the masterplan who will be within walking distance and not need dropping off
  • Further advised as the school will be at max capacity, there won’t be pupils attending from outside the masterplan
  • Mitigates need for drop off spaces
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13
Q

How does the GLA population yield calculator work?

A

Tool for estimating the population yield from a new housing development.

Gives indication of the possible number and age of the children based on the bedroom or tenure mix.

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14
Q

Please can you provide an example of how you advised on a planning negotiation?

A

Section 106 Heads of Terms Car Club

  1. Reviewed Transport Assessment to understand the Transport Strategy, which promotes walking, cycling and public transport
  2. Reviewed the S106’s of nearby schemes to see that 5-years free membership plus £50 credit per unit was standard for the developer to pay for
  3. I also referred to the planning consultant who echoed this
  4. ADVISED my client they would need to provide a car club
  5. Undertook calculations to see that it would be over budget to agree to that
  6. I established that 2 years would be in the budget, so advised them to offer 1-year free membership plus £50 credit as a starting negotiating position
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15
Q

What is a S106?

A

Legal agreement between LPA and developer

Purpose is to make the development acceptable in planning terms

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16
Q

What are the HoTs?

A
  1. Proposal details
  2. Agreement details
  3. Land registry info
  4. Interested parties
  5. Solicitor details
  6. Developer obligations
  7. Timing and triggers
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17
Q

What is the Transport Assessment?

A
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18
Q

When was the NPPF revised?

A

Revised in 2023 in response to the Levelling-up and Regeneration Bill: Reforms to the National Planning Policy Consultation

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19
Q

What is the difference between a Local Plan and a Neighbourhood Plan?

A
  • Local Plan is led by the LPA
  • Neighbourhood Plan is led by the community
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20
Q

What is Neighbourhood Planning?

A

It was introduced by the Localism Act as a way for communities to engage in the planning process and shape development in their area

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21
Q

What are the ten steps in preparing a Neighbourhood Plan?

A
  1. Getting started - is a NP the right option?
  2. Neighbourhood Area Designation - What is a neighbourhood area?
  3. Neighbourhood Forum Designation - What is a Neighbourhood Forum?
  4. Preparing the draft Neighbourhood Plan - What are the basic conditions?
  5. Pre-submission consultation on the Draft Neighbourhood Plan
  6. Submission of the Plan to the Council and consultation
  7. Independent Examination
  8. Consideration of the Examiner’s recommendations
  9. Local Referendum
  10. Putting the Plan into action
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22
Q

What did you learn in DLUHC CPD (Plain English Guide to the Planning System)?

A

How the Planning System in England works:

  1. Purpose
  2. Key decision takers
  3. Local Plans
  4. Neighbourhood Planning

Purpose: Planning ensures that the right development happens in the right place at the right time, benefitting communities and the economy

Key decision takers are usually at 3 tiers:
- County councils (bigger things like transport, minerals and waste, or Mayor in London)
- District/borough/city councils (responsible for most planning matters)
- Parish/town councils (comment on applications)

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23
Q

What does the Localism Act (2011) set out?

A
  • Autonomy at a local level to create a ‘Big Society’ by transferring powers from central to local government

E.g. under Localism Act, developers are obliged to consult local communities and have regard to their views raised before submitting major planning applications

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24
Q

What is set out in the NPPF?

A

First published in 2012 and is regularly updated, last updated in 2023:

Key policies include:
- Balance economic growth with environmental protection
- Front load planning applications with pre-application engagement - planning performance agreements are encouraged to keep the momentum during a planning application

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25
Q

What are the proposed changes to the NPPF?

A

Reinstatement of the requirement for a 5 year housing land supply (5YHLS):
- Demonstrate 5 years supply of homes
- Includes 5% buffer to ensure choice and competition, and 20% where there has been an under delivery

Brownfield, grey belt and the green belt:
- Default answer to brownfield development is yes
- Release of grey belt land
- Green belt reviews where an LPA cannot meet its housing or commercial need

Support key industries:
- Labs, gig factories, digital infrastructure like datacentres, freight and logistics

Bolster support for renewable and low carbon energy development:
- Significant weight in the decision making process to renewable and low carbon energy generation

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25
Q

What were the key updates to the last revision of the NPPF when it was updated in 2023?

A
  • Meeting challenges of climate change and coastal erosion
  • Wind farm planning policy
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26
Q

What is the definition of development?

A

Set out in the Town and Country Planning Act (1990):

‘The carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or land’

‘Building’ - Demolition, rebuilding and structural alternations

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27
Q

What are the two key types of planning application?

A
  • Outline (principle of the development)
  • Full (full consent)
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28
Q

What are the timescales for planning permission?

A

Outline:
- If you have outline consent, RMA must be submitted within 3 years
- Once RMA is approved, development must commence within 2 years

Full:
- Lasts 3 years from the date of consent

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29
Q

What does a planning application typically include?

A
  • Application form
  • Fee
  • Ownership certificate (owner is freeholder or leaseholder with 7 years to run)
  • Agricultural holding certificate (to confirm whether the site includes an agricultural holding)
  • Location Plan (1:1250 or 1:2500)
  • Site Plan (1:500 or 1:200)
  • Drawings (1:50 or 1:100)
  • Planning Statement
  • DAS
  • Flood risk strategy
  • Listed building statement
  • Regeneration statement
  • Retail assessment
  • Sustainability appraisal
  • Tree survey
  • Ecological assessment
  • Scoping study for an EIA
  • DAS
  • Transport assessment
  • Draft ravel plan
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30
Q

What is a Planning Statement?

A
  • Identifies the context and need for a proposed development
  • Includes an assessment of how the proposed development accords with national, regional and local planning policies
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31
Q

What is a Development Specification?

A
  • Outlines the proposed development
  • Details about land uses, development quantities, parking ratios etc.
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32
Q

What is a DAS?

A
  • Describes how the scheme can been arrived at and how suitable it is for the site and surrounding area / context, having regard to LPA planning policy
  • Details how it complies with Equality Act (2010) in terms of accessibility for people with disabilities
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33
Q

What is a Design Code?

A
  • Set of design requirements for the physical development of a site
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34
Q

What are the requirements for an EIA?

A
  • The purpose of an EIA is to protect the environment by ensuring that a local planning authority when deciding whether to grant planning permission for a project, which is likely to have significant effects on the environment, does so in the full knowledge of the likely significant effects
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35
Q

What is a PPA? Planning Performance Agreement

A

Voluntary agreement between LPA and planning applicant that outlines how a planning application will be handled (resources, actions, timescales, conflicts, stakeholder engagement, community engagement, advice to applicants)

36
Q

What are the steps in the preparation of an EIA?

A
  1. Screening
  2. Scoping
  3. Preparing the EIA
  4. Making a planning application and consultation
  5. Decision making
37
Q

What is screening in the process of an EIA?

A

Determining whether a proposed project falls within the remit of the Regulations, whether it is likely to have significant effect on the environment, and therefore requires an assessment

  • If the dev is in schedule 1, it must have an EIA
  • If the dev is in schedule 2, the LPA should consider whether it is likely to impact the environment (if column 1 and exceeds thresholds, needs to be screened by LPA to see if EIA is needed. If column 2, also need to be screened)
38
Q

What is scoping in the process of an EIA?

A

Determining the extent of issues to be considered in the assessment and reported in the ED. The applicant can ask the LPA for its opinion on what info needs to be included - the ‘scoping opinion’

39
Q

What should you consider before making a planning application?

A

Pre-planning application work:

  1. The client (competence, independence, TOE, objectives)
  2. The property (address, freeholder / leaseholder, H&S issues)
  3. Planning issues (consultation, EIA required, listed / conservation area)
  4. Proposed development (overlooking / noise, flood risk)
  5. Highways and access (rights of access, additional access, public rights of way, parking needed, green transport)
  6. Services (availability. proximity, surface and foul water)
  7. Environment (ecology - TPO? contamination)
40
Q

What are validation requirements?

A
  • National core list for all applications
  • Local list specified by the LPA
  • Submitted via Planning Portal or by paper (3 copies)
41
Q

What are the requirements around pre-application discussions?

A
  • Gov encourages them
  • LPA is under no obligation to speak to an applicant and can charge for the service
42
Q

What are application timescales?

A
  • Minor: 8 weeks
  • Major: 13 weeks
  • Major with EIA: 16 weeks

Officers can extend this
Twin tracking of applications is not allowed
Applications dealt with by LPAs officers’ delegated powers
Committee report produced for public 3 days before the committee date

43
Q

What are the requirement of planning conditions?

A

Reasonable
Relevant
Enforceable

44
Q

What is a S106?

A

Under Town and Country Planning Act (1990)

  • Planning obligations which are set out in a legally binding agreement enforceable by the LPA
  • S106 must be agreed and entered into before consent is granted
  • Three legal tests of necessity: necessary to make the development acceptable, related to the development, fairly and reasonably related in scale and kind
  • Relate to community gain and can be either specific works or financial contribution
  • Negotiated on a one-to-one basis, with no fixed charging schedules
  • New school / community facility / open space
45
Q

What is CIL? Community Infrastructure Levy

A
  • Off-site payments from developers to raise funds for infrastructure to support the development
  • LPAs use a charging schedule based on the sq m of additional floor space
  • Aim of CIL is to reduce the considerable negotiations required to complete a S106 and standardise / speed up the planning approach with viability testing
  • CIL based on formulae (tariff) that relates to size / change to the size of a development based on floor space
  • For transport and roads, flood defences and open spaces, schools, medical and sporting facilities
46
Q

What is the timescale for an appeal?

A

6 months of the grant of planning consent

46
Q

How are appeals heard?

A
  • Written statement
  • Informal hearing
  • Planning inquiry (if cross examination is needed)
  • Decisions ‘called in’ for determination by the Secretary of State
47
Q

What is an Assumption of Liability Notice (ALN)?

A

It initiates CIL procedures

47
Q

What is key regulation for CIL?

A

The Community Infrastructure Levy (Amendment) Regulations (2015)

  • Differential rates for alternative models of social housing provision
  • Instalment policies can assist
  • Restrictions for pooling S106 contributions

The Community Infrastructure Levy (Amendment) Regulations (2019)

  • All LPAs required to produce annual report on how much money has been collected from S106 and CIL and where the money has been spent
47
Q

What is a stop notice?

A
  • Prohibits continuation of any activity set out in an enforcement notice until it’s been complied with
  • Can only operate with an enforcement notice
  • Failure to comply: £20,000 in magistrates court / unlimited fine in high court
  • Breach on Condition notice can be served, no appeal provision
47
Q

What are the key differences between CIL and S106?

A
  • CIL is for all infrastructure necessary to support the development, S106 is only justifiable to make the development acceptable in planning terms, is directly related to the development, and reasonable in relation to the scale
  • CIL cannot be used to secure AH, S106 can
  • CIL must have a charging schedule for the whole LPA, S106 is site specific
  • CIL is tariff based on increase on floor area, S106 is a negotiation
  • CIL: viability is tested at district level at the evidence gathering stage then charges are mandatory, S106 viability is tested on a case by case basis
47
Q

What are Lawful Development Certificates?

A
  • Doc that confirms the activity is lawful for planning control purposes (existing or proposed)
  • A Certificate of Lawful Existing Use or Development is required (CLUED)
  • If breached, timescales are:

Operational development - 4 years
Change of use to a single dwelling - 4 years
Any other breach - 10 years
After this, the breach becomes lawful and is immune from enforcement, and a CLUED can be obtained

48
Q

What are the use classes?

A

B - Industrial
C - Residential (C3 are dwellings)
E - Commercial (Ea retail, Eb f&b)
F - Community

49
Q

What are permitted development rights?

A

Where planning permission is not required because there is permitted development rights for change of use

50
Q

What are enforcement procedures?

A

LPA can serve enforcement notice against the owner or occupier of land

Any change in the use of land and buildings must have existed for in excess of 10 years before it can be protected against enforcement

51
Q

What are the principles of listed buildings?

A
  1. Age
  2. Rarity
  3. Selectivity
  4. National interest
  5. State of repair
  6. Aesthetic merit
52
Q

What grade can listed buildings be?

A

Grade 1 - exceptional interest
Grade 2* - particular importance
Grace 2 - 90%, special interest

53
Q

What are conservation areas?

A

Areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance

Trees in these areas are protected

54
Q

What are TPOs?

A
  • Offence to cut down without consent
  • Fine of £20,000 from magistrates court, unlimited fine in crown court
  • Recorded in Local Land Charges Register
55
Q

What are Article 4 directions?

A

Issued by LPAs to control development where character of area is important

  • Usually in conservation areas and not allow PDR
  • Registered as a Land Charge
  • Compensation may be payable to owner who cannot obtain permission for dev which would otherwise be PD
56
Q

What is an enterprise zone?

A
  • Business rates discounts, tax breaks, simplified planning process
  • Encourage growth and jobs
57
Q

Student rented / HMOs

A
  • Licensing
58
Q

What is a Section 73?

A

LPA to remove, vary or discharge a planning condition following the grant of a planning consent

59
Q

What would happen if planning permission was breached?

A

A breach of planning control is defined in section 171A of the T&C Planning Act (1990)
- Carrying out of development without required permission
- Failing to comply with any condition or limitation subject to which planning permission has been granted

LPAs can enforce any action necessary, options include:
- Enforcement notice
- Stop notice

60
Q

What do local plans set out?

A
61
Q

What do neighbourhood plans set out?

A
62
Q

Do you know any recent annoucements by the government in relation to changes to the planning system?

A
63
Q

How has the budget announcement affected property development?

A
64
Q

Can you talk me through what you would expect to include within a planning application?

A
65
Q

In your statutory consultee response to TFL, how did you come to the conclusion that the school would not require car parking spaces?

A
66
Q

How did you present this advice to your client? Statutory Consultee response to TFL

A
67
Q

Did your client take your advice and do you know the current status of this?

A
68
Q

What is a S106?

A

Under the T&C Planning Act (1990) is a legally binding enforceable agreement negotiated between a local authority and a developer

They aim to mitigate the negative impacts of development

69
Q

When should a S106 be used?

A

Used where it is not possible to address unacceptable impacts through a planning condition

They must be:
- Necessary
- Related
- Fair and reasonable

70
Q

What are S106 contributions used for?

A

Used to pay for site-specific infrastructure supporting a development, including affordable housing

71
Q

What is CIL?

A

Funds infrastructure through planning charges, tariff-based

72
Q

Where is CIL payable?

A

Payable where a levy charging authority has published a CIL charging schedule within their Local Plan

Sets out specific rates for different types of development e.g. retail, offices and residential

Rate should have a positive economic effect and not threaten the viability of development in the local area

73
Q

What is CIL charged on?

A

CIL is charged on development which creates net additional floor space

Applies to developments with a GIA of new build space over 100sqm

Does not apply to new houses or flats, which will have CIL levied irrespective of size

74
Q

What is CIL not charged on?

A
  • Developments creating less than 100sqm of new build space
  • Certain residential self build projects
  • Social housing or charitable development meeting specific relief criteria
  • ‘Zero’ rated buildings under a specific CL schedule
  • Mezzanines and vacant buildings brought back into the same use
  • Where liability is less than £50
75
Q

What is CIL used for?

A

To fund new infrastructure within the CIL charging area (Regulation 123 List), but not necessarily just the site-specific infrastructure supporting the subject development (unlike S106)

Cannot be used for affordable housing provision

76
Q

How do S106 and CIL differ?

A

S106 - Site specific infrastructure and affordable housing

CIL - Used to fund wider infrastructure

77
Q

Why did you need a car club strategy?

A

Newham Local Plan (2018)

Encourages use of sustainable transport:
- Includes car club spaces
- Car clubs

78
Q

What advice did you give to your client in relation to the car club strategy?

A

Provide a car club
Offer 1 year’s membership and £50 free credit per unit

79
Q

What is a HPA?

A

Hybrid Planning Application

Seeks outline planning and full planning (detailed planning)

80
Q

What is the current status of the 2nd stair core guidance?

A

Updated guidance calls for second staircases in all new buildings over 18 metres from 30th September 2026

81
Q

What is an enforcement notice in planning?

A

Issued where the LPA is satisfied that it appears to them that there has been a breach of planning control

It will outline what the breach is and what steps the LPA require to be taken / activities are requires to cease to remedy the breach

Right to appeal

82
Q

What is a stop notice in planning?

A

Prohibit activities which comprise the alleged breach of planning control specified in the related enforcement notice

This can only be enforced after an enforcement notice has been issued, or at the same time as an enforcement notice

There is no right of appeal

Failure to comply is a criminal offence

VT APC (20 decks)

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