Planning and Development Management (L3) Flashcards
What is the purpose of the NPPF?
When was it created?
To set out the governments planning policies for England with the aim of achieving SUSTAINABLE DEVELOPMENT.
2012.
Definition of sustainable development?
Development that meets the needs of the present, without compromising the ability of future generations to meet their own needs
Definition of development?
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.
Can you tell me some of the proposed changes to the NPPF and why have these been suggested?
These include:
1. Local Authorities housing targets wont be mandatory but advisory. One reason is to ensure housing densities are not out of character with a local area.
Councils requirement to demonstrate a five-year housing land supply will be diluted. To make sure new homes are being delivered even when councils aren’t being proactive there is a “presumption in favour of sustainable development”. Changes mean when a Local Plan is less than 5 years old, Local authorities will no longer be required to maintain a five-year housing land supply. The revisions also explain that “Green Belt boundaries are not required to be reviewed and altered” if that’s the only way of meeting housing need.
What does the NPPF say about the 5-year land supply?
Local Authorities must demonstrate their 5-year housing supply.
The NPPF requires LPA’s to identify and update annually a supply of housing sites sufficient to provide a minimum of five years’ worth of housing against their housing requirement
What is the hierarchy/ structure of UK planning system?
It is a plan led system.
National Policy (NPPF)
Local Policy (Local Plan)
Neighbourhood Policy (Neighbourhood Plans)
What is a pre-application?
Seeks to understand the opinion of the LPA of the principle of that development.
After the meeting LPA will send a written letter.
Not binding but gives an opinion as to what the council is looking for and any relevant documents they would require.
What are the timescales of a pre-application and can you talk me through the process?
- Submit pre-app request with supporting documents;
- The Council will process the request (typically within a few weeks) and respond with a date;
- The meeting is attended by the Planning Officer as well as the client/ someone acting on behalf of the client.
- Following the meeting, the Planning Officer will sometimes write a letter based on the discussions undertaken during the meeting and any submission documents advising their thoughts.
- The advice they give comes with the caveat that it is ‘not binding on the Council’ in respect to any future application(s) that they determine.
Could you give me some pros and cons of a pre-application?
Cheaper than going for full planning and then being unsuccessful. Get an insight into if any reports will need to be specifically. Gives you an idea as to the problems you might be faced with. For Clapham Park a Large Major Scheme would cost £15 - £20k (Over 21+ dwellings)
What is the Greenbelt and what is its purpose?
The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open
Can you talk me through the Financial Viability Assessment at Bracknell. ( Bracknell now adopt a 35% Affordable Housing Policy)
Viability assessment is a process of assessing whether a site is financially viable, by looking at whether the value generated by a development is more than the cost of developing it. This includes looking at the key elements of gross development value, costs, land value, landowner premium, and developer return.
This was produced in accordance with the NPPF, PPG and RICS Professional Statement on Financial Viability in Planning 2019
Base position
Consent to deliver 169 homes (25% Affordable 70:30 AR to SO). Proposal to reduce the number of affordable delivered under the S106 by 15% (6 total) but retain the quantum and deliver as additionality outside of the S106 to allow for the HA to utilise a greater level of Homes England grant.
Appointed a viability consultant who prepared and submitted appraisal demonstrating the position and proposals.
EUV Value determined with landowner premium (EUV+) £4.3m
Why did you decide to use ASHP’s on this scheme?
As Building Reg Part L update (2022) means new build need to reduce carbon emissions by 30% compared to previous regs.
Meet Lambeth’s and the LLP’s green agenda
What is a section 73 & section 96a amendment? + examples?
S73 = It is a minor material amendment which is granted under section 73 of the Town and Country Planning Act 1990 to vary or remove conditions associated with planning permission.
Example = Currently going through a 73 on another phase at Clapham to increase quantum and change scheme layout - massing and scale remains the same (Housing led to apartment led)
S96a = A non-material amendment which is granted under section 96A of the Town and Country Planning Act 1990. Often used to change wording of condition. Example = C02 building optimisation. Same principles established on Phase 2
Note = councils decision what they consider to be a S96a or a S73.
Why do the council have to show what they’re spending CIL on and where would you find this information?
I would look for it on the Council Website and it is useful to have as it is a good way for developers for example to check that they are not double paying through s106 and CIL.
Council must be seen to be transparent and it is a way of them being accountable for spending the money on the identified infrastructure within a certain amount of time.
What are the types of planning permission?
Outline application
Full application
Hybrid application
Aside from the various reports, what else do you need to submit with a planning application?
Application form
Application fee
Location Plan (1:1250 or 1:2500).
Site Plan (1:500 or 1:200).
Drawings 1:50 or 1:100 to include floor plans, sections and elevations.
- Other information
o Desing & Access Statement – in line with local planning policy
o Flood Risk Strategy
o Tree / Landscape Survey
o EIA – Scoping study assists the LPA to decide if an EIA is required
What are typical planning application fees for outline and full applications?
Outline application for new houses:
Less than 2.5ha = £624 per unit
More than 2.5ha = £15,422 & £186 per unit (max fee £202,000)
Full application for new houses:
Up to 50 houses = £624 per unit
+ 50 houses = £30k+ £186 for each additional house in excess of 50 (max fee £300k)
RMA - £578
What are the timescales for a planning application?
8 weeks – minor
13 weeks – major
Major with an EIA – 16 weeks
What can you do if you application hasn’t been determined by the decision date?
Try and contact the Case Officer to ask if there’s anything holding it up/ anything further needed as this will be quicker than appealing, then agree an Extension of Time. This allows the local authority to make their decision within the planning timeframe.
If unsuccessful, you can appeal for none determination.
Can you run me through the process of a Local Plan being adopted?
Stage 1 (REG 18): Evidence gathering (e.g. Strategic Housing Market Assessment) and early stages public consultation.
Stage 2 (REG 19): Publication of the draft Local Plan for public consultation.
Stage 3 (REG 22): Submission of the Local Plan and independent examination of all the evidence to the inspector.
Stage 4 (REG 24): Examination, where soundness and legal compliance of the plan is tested. Inspector writes a report suggesting possible modifications
Stage 5 (REG 24): Local Plan adoption
What is the call for sites process?
LPAs are required to identify the future supply of land that’s suitable, available and achievable for development. This process leads to sites eventually becoming allocated.
LPAs will encourage landowners to come forward with sites they are interested in developing.
Anyone can put forward a site.
The sites are then assessed within a SHLAA prior to being selected for allocation.
Key features of the Town and Country Planning Act 1990? How does it allow a LA to control development?
Act regulating the development of land.
One aspect is S106 of the act. This allows of Local Authorities and developers to agree planning contributions and restrictions. It allows LA’s to offset the external effects of a development.
There is also S73 & S96a, allowing developers to vary a planning consent.
What can you tell us about the Town and Country Planning Act 2015? What is the importance of this?
Permitted development rights were introduced to help simplify the planning process. Applicants need only apply for “Prior approval” to a Local Planning Authority (LPA) to make any changes. This helps developers to reduce the cost burden and time burdens of having to submit a planning application.
Estimated to bring extra 15,000 dwellings a year to our housing stock with the main PD being Class O (office to resi conversion).
What are the positives and negatives of PDRs?
Positives: simplicity and much-needed streamlining to the planning process.
Negatives: loss of planning obligations (such as affordable housing) and lower quality housing compared to schemes that have gone through the full planning process.
What is prior approval and how do you achieve it?
Prior approval is a formal submission to your local planning authority to seek confirmation that specified parts of a development are acceptable, before work can commence. A developer has to submit high level information such as external appearance, layout and drainage info.
What is an article 4 direction?
Removal of PD rights in an area in order to protect local amenity.
What are the Nationally Described Space Standards (March 2015) for different units?
Our most common affordable unit sizes are:
For 1 storey dwellings:
1b2p = 538
For 2 storey dwellings:
2b3p = 753 sqft
2b4p = 850 sqft
3b5p = 1001 sqft
What are the methods of appeal?
- Written representations (cheapest and quickest)
- Informal Hearing (more technical and expensive approach - allows the inspector to question the applicant)
- Public Enquiry (reserved for substantial schemes such as challenging the 5 year house supply or the new LP)
Who decides the type of appeal?
The Planning Inspectorate.
What is a Judicial review?
A review of the lawfulness of the way a decision was made by a public body i.e. they misinterpreted the policy
Anyone with sufficient interest in the matter can claim.
6-week window to JR after planning has been granted.
How does a development management committee work? How often are the meetings?
Meets publicly once a month to make decisions on more sensitive planning apps.
How do you carry out a planning appraisal?
- Look for site constraints such as flood risk, Green Belt, AONB, Listed Buildings etc
- Look at sites planning history
- Search of locally consented schemes to understand density that might be permitted, storey heights and likely acceptable mix of houses
What is planning appraisal and how is it used? How does it fit within the development process?
An assessment of the development potential of a site based on planning policy and other considerations.
Assess whether a site is suitable for a specific development.
What is development control?
Development Control is the process of determining planning applications submitted by individuals
Who are the key stakeholders in development management?
- LPA
- Developers
- Public
- GLA
Tell me about your understanding of the key principles and processes used to determine the need for planning consent.
- Delegated Powers – Majority decision via this process
- Planning Committee
How do you go about undertaking pre-application consultation and why?
- IN the case of Lambeth – apply via portal or directly with the planning officers
- Information to be sent in advance of the meeting
What is the process involved in obtaining appropriate planning permission?
- Understand need through engagement with stakeholders and planning policy
- Apply for permission
Tell me about site/building surveys and details you are familiar with, e.g. site planning history, flood risk, biodiversity, archaeology, architectural character, conservation, accessibility, highways, services and utilities.
What is a Planning Performance Agreement?
Provides adequate resourcing in a LPA to determine an application.
Can you talk me through the pre-commencement at Garlicks Arch and what did you submit?
Phase 1 - 220 homes
Over 20 pre-commencement conditions ranging from archaeology to SWMP, Tree Protection Plan and refuse strategy were to be submitted to the LPA
Submission of the CEMP following approval from the Environment Agency and Surrey Wildlife Trust (£116)
Application for the discharge of planning obligation listing clause no.
Cost for submitting a discharge of condition, S96a and a S73?
£116 (ex VAT)
£234 (ex VAT)
£234 (ex VAT)
What is the Planning and Compulsory Purchase Act 2004
Planning decisions must be made in accordance with the Development Plan unless there is a material reason not to.
What is a development Plan?
Local Plan
a) Is a type of Development Plan that sets out the economic, social and environmental planning policies for new development in a local borough.
b) A borough is a unitary authority that provides services to an area.
Neighbourhood Plan - Introduced by the Localism Act 2011
a) Gives communities direct power to develop a shared vision for their neighbourhood and shape the development and growth of their local area
b) Neighbourhood Plan Act 2017 - introduces a process for modifying neighbourhood development orders and plans
What do the Environment Agency do and who are they?
The Environment Agency is responsible for enforcing laws that protect the environment. The EA protect and improve the environment.
Help people, wildlife and LPA’s adapt to climate change and reduce its impacts, including flooding, drought, sea level rise and coastal erosion.
EIA’s should consult with the EA.
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