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RICS APC - Spring 2024 > Planning and Development Management L1 > Flashcards

Planning and Development Management L1 Flashcards

1
Q

Talk me through your understanding of the Government’s planning policies for England and their applicability.

A

The National Planning Policy Framework sets out the Government’s planning
policies for England and how these should be applied.

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2
Q

Talk me through your understanding of how the Government’s planning policies for England contribute to sustainable developments.

A

The NPPF states that the planning system has three overarching objectives, which are interdependent and need to be pursued in mutually supportive ways:

  • Economic Objective
  • Social Objective
  • Environmental Objective
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3
Q

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

A

There are national requirements which include:
- Application Form
- Ownership Certificate
- Location Plan
- Site Plan
- Design and Access Statement

There are also local requirements (Such as Tower Hamlets) which include:
- Existing and Proposed Elevations, floor plans, roof plans & site levels
- GIA Assessment
- CIL Form
- Affordable Housing Statement
- Air Quality Assessment
- Biodiversity Survey Report
- Daylight / Sunlight Assessment
- Development Specification
- Drainage Strategy
- Energy Assessment
- Environmental Impact
- Financial Viability Assessment
- Fire Statement
- Flood Risk Assessment
- Utilities Assessment
- Health Impact Assessment
- Heritage Impact Statement
- Infrastructure Impact Assessment
- Accessible Housing Statement
- Land Contamination Assessment
- Lighting Assessment
- Noise Impact Assessment
- Parking and Access
- Planning Obligations
- Planning Statement
- Retail Impact Assessment
- Transport Assessment
- Tree Survey
- Wind Impact Assessment

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4
Q

What does Town and Country Planning Act set out?

A

This Act concerns spatial and development planning at a national and local level. It establishes the legal basis for local authorities to create development plans, regulate development through planning permission, and control the use of land and buildings.

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5
Q

Explain the management process of a scheme’s development.

A

Scheme development management involves coordinating project activities from inception to completion.

It involves:
- Defining a scope
- Planning
- Design
- Procurement
- Construction
- Monitoring
- Stakeholder Engagement
- Quality Assurances
- Health and Safety
- Commissioning

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6
Q

What is planning appraisal and how is it used?

A

It assesses the feasibility and viability of the proposed development.

It is used to help stakeholders understand the potential challenges and opportunities associated with the development. It also informs decision making for the projects planning permission.

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7
Q

How does a planning appraisal fit within the development process?

A

It is conducted within the early stages of development to assess the projects feasibility and compliance with planning policies.

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8
Q

What is development control?

A

It involves assessing planning applications against relevant policies, considering potential impacts for local planning authorities.

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9
Q

What is development management and why do we have it?

A

Development management involves overseeing the planning and development process to ensure compliance with regulations and community needs, promoting sustainable development, and balancing various interests.

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10
Q

Who are the key stakeholders in development management?

A
  • Local Authroity
  • Residents
  • Developers
  • Consultants
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11
Q

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

A

Engauge with relevant stakeholders (LA’s, Residents) to enable feedback, concerns and expectations.

Ultimately, pre-application consultation fosters better communication, collaboration, and transparency throughout the development process.

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12
Q

What is the process involved in obtaining appropriate planning permission?

A
  1. Fil in an application form
  2. Initial Consultation
  3. Site Assessments (land use, environmental impacts, access, infrastructure)
  4. Preparation of Planning Application (site plans, architectural drawings, impact assessments, viability)
  5. Submission following discussions with the relevant government officials.
  6. Public consultation
  7. Assessment and Decision
  8. Decision Notification
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13
Q

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

A

There are national requirements which include:
- Application Form
- Ownership Certificate
- Location Plan
- Site Plan
- Design and Access Statement

There are also local requirements (Such as Tower Hamlets) which include:
- Existing and Proposed Elevations, floor plans, roof plans & site levels
- GIA Assessment
- CIL Form
- Affordable Housing Statement
- Air Quality Assessment
- Biodiversity Survey Report
- Daylight / Sunlight Assessment
- Development Specification
- Drainage Strategy
- Energy Assessment
- Environmental Impact
- Financial Viability Assessment
- Fire Statement
- Flood Risk Assessment
- Utilities Assessment
- Health Impact Assessment
- Heritage Impact Statement
- Infrastructure Impact Assessment
- Accessible Housing Statement
- Land Contamination Assessment
- Lighting Assessment
- Noise Impact Assessment
- Parking and Access
- Planning Obligations
- Planning Statement
- Retail Impact Assessment
- Transport Assessment
- Tree Survey
- Wind Impact Assessment

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14
Q

Tell me about site/building surveys and details you are familiar with?

A
  • Site Planning History
  • Flood Risk Assessments
  • Biodiversity Assessment
  • Archaeological Character Analysis
  • Conservation Area Impacts
  • Accessibility Audit
    Highways Assessment
    Services and Utilities Survey
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15
Q

Where would you source information on one of these?

A

The local authority in which the development is taking place in would highlight on their website the different applications, surveys and guidance that would need to be met.

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16
Q

How do you analyse environmental features and issues?

A
  • Data collection
  • Environmental assessment
  • Regulatory compliance
  • Mitigation measures
  • Stakeholder engagement
  • Monitoring

This ensures compliance with regulations, minimizes adverse impacts, and promotes environmental sustainability.

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17
Q

How long does it take to obtain a planning decision?

A

8-13 weeks from submission to decision.

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18
Q

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

A

Within London:

  • Affordable Housing Provision
  • Daylight and Sunlight issues
  • Visual Impacts
  • Noise Impacts
  • Traffic
  • Pollution
  • Flood Risk
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19
Q

How can interested parties get involved in planning determination?

A
  1. Public consultations
  2. Submitting comments
  3. Attending planning meetings
  4. Joining local planning forums
  5. Seeking legal representation
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20
Q

What is a Planning Performance Agreement?

A

Voluntary agreement between a developer and the local planning authority.

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21
Q

How are planning decisions made and by whom?

A

Local Authority Planning Officers would review the application and make recommendations to the planning committee. They will then decide whether to approve or reject the proposal.

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22
Q

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

A

When it’s deemed to be of national significance or raises important issues. This means the decision-making authority is transferred from the local planning authority to the Secretary of State or their department for determination.

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23
Q

When are applications referable to the Greater London Authority?

A

When they fall within specific categories outlined in the Mayor of London’s powers, such as developments of a certain size or those that affect strategic infrastructure or planning policies.

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24
Q

What is the role of local councillors and planning officers in the planning system?

A

Local Councillors: They represent the interests of their constituents and communities. They review the application, attend committee meetings and make decisions.

Planning Officers: They provide professional advice and guidance to the councillors and recommend.

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25
Q

What are the different types of planning appeals and when are they used?

A
  • Written Representations
  • Hearing
  • Public Inquiry
26
Q

What is the role of the Planning Inspectorate?

A

They handle planning appeals, local plan examinations and national infrastructure planning.

27
Q

What is a Judicial Review, and what are the key timescales and risks?

A

A Judicial Review is a legal process where a court reviews the lawfulness of a decision made by a public body. It can be initiated if someone believes the decision is unlawful, unreasonable, or procedurally improper.

Key timescales involve strict deadlines for submitting a claim, typically within three months of the decision being challenged.

Risks include potential delays, costs, and uncertainty in outcomes

28
Q

Tell me about the stages of the appeals process?

A

Submission of Appeal: Appellant submits appeal.
Validation: Appeal checked for completeness.
Consideration: Inspector reviews evidence.
Site Visit/Hearing: Inspector may visit site.
Decision: Inspector makes a decision.
Implementation: Decision is communicated.
Legal Challenge: Option for Judicial Review.

29
Q

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

A

Pre-Application Engagement
Formal Consultation
Public Exhibition/Meetings
Response to Feedback
Decision
Appeals

30
Q

What stakeholders need to be considered for a development proposal and how are these managed?

A

Stakeholders in a development proposal typically include local residents, businesses, government agencies, environmental organizations, and regulatory bodies. Managing stakeholders involves effective communication, engagement, and consultation throughout the planning process.

31
Q

Tell me about planning policy and procedures relevant to your locality/region of working.

A

I work within the governed body of Westminster City Council, policies include:

  • Affordable Housing Provisions
  • Heritage Conservation
  • Building Designs
  • Transportation

These policy requirements need to be adhered to when proposing new developments or making changes to existing ones, ensuring they contribute positively to the character and well-being of the area while meeting regulatory requirements.

32
Q

Tell me about your understanding of the role of supplementary planning documents, design guides and codes in guiding planning applications and their consideration.

A

They provide detailed guidance on specific planning policies and requirements, supplementing core planning policies. They offer direction on issues like design principles, sustainability, affordable housing, transportation, and environmental protection. Applicants consult these documents to align proposals with local authority expectations, improving the likelihood of approval and enhancing the built environment’s quality and sustainability.

33
Q

What is a Local Development Plan and a Local Development Scheme?

A

LDP - outlines a local authority’s land use policies and proposals for a defined area, guiding future development and land use decisions. It sets out the vision, objectives, and spatial strategies for sustainable development, addressing housing, employment, infrastructure, and environmental considerations.

LDS - details the timetable and process for preparing, reviewing, and adopting the LDP, providing transparency and accountability in the planning process.

34
Q

What is a non-material amendment?

A

This refers to a minor change to a planning permission that would not significantly affect the overall development.

35
Q

What does S73 relate to?

A

Section 73 of the Town and Country Planning Act 1990

This allows applicants to submit changes to certain conditions to the application without submitting a new planning application.

36
Q

How can you change a scheme once planning consent is secured?

A

Through:

  • Non-material amendments
  • S73
  • Reserved matters application
  • Revised planning application
37
Q

What does S96A relate to?

A

Section 96A of the Town and Country Planning Act 1990

It allows developers or landowners to apply to the local planning authority to modify or discharge planning obligations (also known as Section 106 agreements) associated with a planning permission.

38
Q

What is a drop in permission?

A

Typically refers to a situation where a minor modification or amendment is made to an existing planning permission without the need for a new application.

39
Q

What is outline consent?

A

Type of planning permission granted by a local planning authority that establishes the principle of development for a site without specifying all the details.

This sets the basic parameters such as location, scale, use of development.

Once outline consent is granted, the applicant can then submit a reserved matters application to address the remaining details, such as the design, layout, and appearance of the development. Outline consent provides flexibility for developers while ensuring that the fundamental aspects of the development are agreed upon by the planning authority.

40
Q

What can a developer do to remove the risk of a consent expiring?

A
  • Act promptly.
  • Fulfill conditions on time.
  • Apply for an extension if needed.
  • Consider phased development.
  • Seek legal advice when necessary.
41
Q

How soon do consents usually expire?

A

After 3 years if the development hasn’t commenced, although this can vary depending on local planning policies and conditions.

42
Q

Tell me about how Use Classes in planning have recently changed.

A

There is now greater flexibility in changing building usage.

The Town and Country Planning (Use Classes) Order 1987 was updated in 2020, merging several classes into a single Class E. This simplifies planning, enabling easier conversion between commercial and service uses without permission. Updates also include Class F for learning and Class G for small shops and services.

43
Q

How does the Housing Delivery Test work?

A

A mechanism used by local authorities to assess whether they are delivering enough new homes to meet housing needs.

It compares the number of homes delivered in a over the previous three years against the number of homes needed (set within the Local Plan).

44
Q

What is the Presumption in Favour of Sustainable Development?

A

The Presumption in Favour of Sustainable Development is a key principle outlined in the National Planning Policy Framework (NPPF) in England. It requires that planning decisions should be made in accordance with the presumption that sustainable development is desirable unless there are significant adverse impacts that cannot be mitigated.

45
Q

What is Permitted Development?

A

‘Permitted development’ rights allow you to extend, convert or change the use of some properties without applying for planning permission, if certain conditions are met.

46
Q

How are Permitted Development rights affected by a local Article 4 designation?

A

They can be restricted or withdrawn in specific areas.

This direction allows the authority to require planning permission for certain types of development that would otherwise be permitted without the need for planning consent.

47
Q

What is Neighbourhood Planning?

A

It allows local communities to have a say in the development and land use planning of their area. Neighbourhood Plans are statutory documents that set out policies for the development and use of land in a particular neighbourhood, such as where new homes, shops, and offices should be built, and what they should look like.

48
Q

Why is the definition of ‘Development’ important in the Town and Country Planning Acts?

A

Because it determines what activities require planning permission.

  • Building operations
  • Material changes of use of land or buildings
  • Certain engineering operations
49
Q

What is the NPPF?

A

National Planning Policy Framework

It’s a set of government planning policies for England that sets out the overall approach to planning and the principles that should guide local planning authorities in their decision-making.

50
Q

Tell me about compulsory purchase.

A

Legal process for public authorities to acquire land without owner consent, often for public interest projects. Involves issuing a compulsory purchase order (CPO), objections process, and compensation based on market value plus additional costs.

51
Q

Why do local planning authorities need an up-to-date Local Plan?

A

it helps to mange growth, protect important assets and promote new sustainable developments within the community.

52
Q

How will the Levelling Up and Regeneration Bill change housing targets?

A

It aims to introduce new measures to increase the level of housing supply.

Ambitious targets within areas which particularly delivery is an issue will be set, incentivizing the development of affordable housing, and supporting regeneration projects in economically deprived areas.

53
Q

What is a Development Corporation?

A

Public or private entity established to oversee and manage large-scale urban regeneration or infrastructure projects, with authority to acquire land, secure planning permissions, finance infrastructure improvements, and attract investment to support development objectives.

54
Q

What is the Duty to Cooperate between local planning authorities?

A

Legal obligation for neighbouring local planning authorities to collaborate on strategic planning matters, ensuring that cross-boundary issues such as housing, employment, and infrastructure are addressed effectively in the development planning process.

Helping to achieve sustainable and coordinated developments.

55
Q

How is affordable housing secured through the planning system?

A

S106 agreement

56
Q

What is the difference between affordable rent, discount market rent, and social rent?

A

Affordable Rent - This is normally set at 80% of local market rates or LHA rates

DMR - This is a form of intermediate housing. These are typically 20-30% lower than market rates.

Social Rent - These are rental values set by the government

57
Q

What is intermediate housing?

A

This is a type of tenure that offers affordable housing options above affordable/social rent levels. This is typically aimed at First time byers, families and key workers. Can include schemes such as Shared Ownership, First Homes, DMR , LLR, DMR and DMS.

58
Q

How does a S106 agreement bind the owner of a development site?

A

It is a legally binding agreement and imposes certain obligations or restrictions on the use of the land as a condition of planning permission. These obligations typically relate to infrastructure contributions, affordable housing provision, environmental mitigation measures, or other community benefits.

Failure to comply with the terms of the S106 agreement can result in enforcement action by the local planning authority.

59
Q

Tell me about the Community Infrastructure Levy (CIL).

A

CIL is a charging schedule set by the local authority on new developments to fund infrastructure for that authority.

It is based on the size, type, location and use of the development.

It is used to fund infrastructure such as roads, schools, parks and other community facilities.

60
Q

Tell me about conservation areas.

A

They are designed by local authorities to protect and preserve areas with special architectural or historic interest.

Development within conservation areas is subject to stricter controls to ensure that the character and appearance of the area are preserved. This may include restrictions on demolition, alterations, and new construction to maintain the area’s unique identity and architectural heritage.

RICS APC - Spring 2024 (39 decks)

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