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APC Revision 2023 > Planning and Development Management (Level 1) > Flashcards

Planning and Development Management (Level 1) Flashcards

1
Q

Where does the Town and Country Planning Act (1990) apply to and what does it set out?

A
  • Covers the UK
  • States the policies and general proposals for the development and other use of land in its’ area
  • Provides the framework for local plans
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2
Q

Where does the National Planning Policy Framework (NPPF) apply to and what does it set out?

A
  • Only covers ENGLAND
  • Sets out the government’s economic, environmental and social planning policies for England
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3
Q

What are the incoming changes to the NPPF?

A
  • Removal of LPAs to continually demonstrate a 5 year land supply for housing (providing is strategic policy is less than 5 years old)
  • Changes to the test of ‘soundness’ for development plans
  • Specific reference to older persons housing is to be included
  • Greater protection of Green Belt Land
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4
Q

Where does the London Plan (2021) cover and what does it set out?

A
  • Covers the Greater London Area
  • Sets out the spatial development strategy for Greater London
    Provides a framework for how London will develop for the next 20-25 years
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5
Q

What does the RICS Professional Statement: Financial Viability in Planning (2019) set out?

A
  • Sets out the mandatory requirements that inform the practitioner on what must be included within financial viability assessments and how the process must be conducted
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6
Q

What does a ‘plan led’ planning system mean?

A

It means that planning policy such as the Local Plan provides the starting point for planning decisions

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7
Q

What are the different stages of the development process?

A
  1. Evaluation - assessing the viability and potential for development of a site
  2. Acquisition - the purchase or leasing of a site
  3. Design and Planning - developing design and securing the rights to development
  4. Construction - building what you have designed
  5. Management or disposal - management or sale of the built asset
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8
Q

What is a planning appraisal and how is it used?

A

A planning appraisal is an assessment of the development potential of a site based on planning policy and other factors

It is used when assessing the development viability of a site at early stages and will also inform the design and planning considerations as the development progresses

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9
Q

What should you consider when preparing a planning appraisal?

A

A planning appraisal should consider the following:
- existing use
- constraints
- planning history
- protected area designations e.g conservation area
- current and emerging planning policy
- existing consents
- CIL and S106 obligations

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10
Q

At what stage of the development process is a planning appraisal used?

A

It is used during the evaluation stage of a development primarily informing the likelihood and nature of development that would be permitted

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11
Q

What is development management?

A

RICS defines it as;

‘the management of the development process, from the emergence of the initial development concept to the commencement of the tendering process for the construction of the works’

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12
Q

What is the difference between development management and project management?

A
  • a development management begins from the initial evaluation of the development site whereas project management begins just before the commencement of construction works
  • development management is a higher level management of all development aspects (funding, planning & disposal) whereas project management is only from start on site to project completion
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13
Q

What is development control?

A

It is the means by which the government intervenes to regulate the use and development of land in order to implement local and national planning policies

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14
Q

Who are the key stakeholders to consider in development management?

A

Local Planning Authority - dictates the nature of development permissible and grants development rights

Local Community - input during planning and design engagement, end use of the building

Architect - responsible for developing the design in line with planning principles and regulations

Investor - funding the development

Contractor - building the development

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15
Q

When do you need planning consent and how do you determine what type of planning consent is needed?

A

You will normally need planning consent if:
- you are building something new
- making a major change/alteration to a building
- changing the use of the building

To assess the type of planning consent required you should establish the scale and objective of the development you want to undertake

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16
Q

What are the different types of planning permission?

A
  1. Householder Planning Permission
  2. Detailed Planning Consent
  3. Outline Planning Consent
  4. Listed Building Consent
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17
Q

What does a householder planning permission cover?

A

Covers proposals to alter or enlarge a single house e.g multi-storey extensions, conservatories

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18
Q

What does a detailed planning consent cover and how quickly must you start development?

A

It is for detailed development proposals that are not covered by householder applications or permitted development rights

You must start development within 3 years of the consent being granted

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19
Q

What information is required as part of a detailed planning application?

A
  • Site/block plan
  • Design and Access Statement
  • Location Plan
  • Additional information depending on nature of development e.g access report, flood risk assessment, ground condition survey, affordable housing statement
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20
Q

What is an outline consent used for and how quickly must you submit a reserved matters application after it is granted?

A

Outline planning consent is used to gain an understanding on whether the nature of development proposed is acceptable. Outline consent is granted on the condition that a reserved matters application will be submitted at a later date.

A reserved matters application must be submitted within 3 years of outline consent being granted

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21
Q

What should an outline planning application include as a minimum?

A
  • A site plan (1:500)
  • Location plan (1:1250 or 1:12500)
  • Site layout
  • Red line boundary
  • Blue line boundary
  • Elevations
  • Any other relevant information at that stage
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22
Q

What details can be considered a reserved matter and submitted following the granting of outline planning consent?

A

A reserved matter can be:
- appearance
- means of access
- landscaping
- layout
- scale
- floorspace

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23
Q

When is a listed building consent required?

A

Listed building consent is essentially a full planning permission that applies to listed properties or features

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24
Q

What is included in a listed building consent application?

A
  • Site plan (1:500)
  • Location plan (1:1250 or 1:12500)
  • Design and access statement
  • HERITAGE ASSESSMENT
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25
Q

What are the different types of listed buildings?

A
  • Grade 1 - buildings of exceptional interest, of the highest interest significance
  • Grade 2* - particularly important buildings of more than special interest
  • Grade 2 - buildings of special interest, warranting every effort to preserve them
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26
Q

What are permitted development rights?

A

Permitted development rights allow certain building works and changes of use to be carried out without the need for a full planning application

The works that can be carried out include:
- includes rear and side extensions
- loft conversions and associated roof works
- rear outbuildings/sheds
- porches
- boundary walls/fences
- solar panels

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27
Q

How do you go about undertaking pre-application consultation?

A

To undertake pre-application consultation you have to apply to set up a meeting with the local planning authority outlining the site in question and the nature of the discussion (most LPAs will charge for this service)

28
Q

What are the potential benefits of undertaking a pre-application consultation?

A

Pre-application consultation can:
- help identify the local planning authorities key objectives and requirements for a site
- reduce the likelihood of submitting an invalid application
- provide opportunity for discussion on key risks and constraints
- establish the likelihood and nature of development

29
Q

What is the process involved in obtaining appropriate planning permission?

A
  1. Preparation - understanding what type of application is required, entering into pre-application discussions, undertaking necessary due diligence e.g flood risk assessment
  2. Submission - Submitting and validating your application, awaiting decision on your application (8-13 weeks)

If successful - resolution to grant planning and negotiations of s106 and s278 agreements
If unsuccessful - look at planning appeal options

  1. Implementation - construction can only begin following the formal issuing of decision notice, discharging of planning conditions
30
Q

At what point in the planning process can you start construction?

A

Assuming resolution to grant your application is made at planning committee, a decision notice must be issued and all pre-commencement conditions must be discharged at this point you can begin construction

31
Q

What information is required in support of a planning submission?

A

A planning application must contain as a minimum:
- A completed application form
- Location Plan
- Site Plan
- Design and access statement (for a detailed consent/see below)
- Fire statement
- Ownership certificate
- Local information requirements (varies depending on each LPA) – requirements will
be set out on a formally adopted local list published on its’ website;
o Proposed floor plans
o Existing and proposed elevations
o Schedule of accommodation
o Surveys (ground, archaeological, water, affordable housing)
o Assessments (daylight and sunlight, flood risk, noise, transport, waste
management)
o Viability assessment
- Correct application fee

32
Q

When is a design and access statement required as part of a planning application?

A

A D & A statement is required for:
- Applications for a ‘major development’
- Applications for a listed building consent
- Applications for development in a designated area, where the proposed
development consists of:
o one or more dwellings;
o or a building or buildings with a floor space of 100 square metres or more

33
Q

How long does it take to obtain a planning decision?

A

Typical guidance is 8-13 weeks depending on the scale and complexity of development - often takes longer as LPAs are under resourced

34
Q

How are planning decisions made and by whom?

A

Planning decisions are made by the local planning authority - each council has a planning committee and planning officers to make decisions about local and major applications

Planning decisions have to be decided in line with the relevant local planning authority’s development plan

35
Q

What are the main issues considered when determining whether planning consent is granted?

A

Varies for each application, issues considered are usually:
- affordable housing provision
- supporting local business
- protection of the environment
- protection of existing character and streetscape
- protection of heritage assets
- benefit for the local community
- daylight and sunlight impacts on surrounding properties
- connections and travel networks

36
Q

How can interested parties get involved in planning determination?

A
  • Letter of Objection - write to the council stating the reasons for their objection to the development their letter may or may not be taken into consideration
  • Response to Public Consultation - LPAs are required to undertake a period of public consultation prior to determining a planning application providing the local community the opportunity to comment
  • Community Engagement - developers will either voluntarily or formally undertake community engagement sessions prior to commencing development to gather the thoughts of the local groups
37
Q

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

A

The Secretary of State has the power to direct the local planning authority to refer an application to him for decision.

a planning application can be called in for any of the following;

  • may conflict with national policies on important matters;
  • may have significant long-term impact on economic growth and meeting housing needs across a wider area than a single local authority
  • could have significant effects beyond their immediate locality;
  • give rise to cross-boundary or national controversy
  • raise architectural and urban design issues;
  • may involve the interests of national security
38
Q

What is Judicial Review and what are the key timescales?

A

Judicial review is the process of challenging the lawfulness of decisions made by public authorities.

In a JR claim you are challenging the process by which the decision was made NOT THE DECISION ITSELF

A judicial review claim can be brought forward 6 weeks from the date of the permission being issued (not six weeks from the committee meeting)

39
Q

What are the risks for the developer with the Judicial Review process?

A
  • Significant time delay to assess the outcome of the JR
  • Quashing order nullifying the planning permission development cannot proceed – if development has already started you may need to return the site to its’ previous condition
  • Mandatory order, may require the developer to amend/adjust the development that has been granted
40
Q

What are the different types of planning appeal?

A
  1. Written Representation - easiest, quickest and cheapest method of appeal
  2. Informal Hearing
  3. Local Inquiry
41
Q

What happens with a written representation planning appeal?

A
  • easiest, quickest and cheapest method of appeal
  • Inspector decides on the appeal based on written representation and a site visit
  • suited to small scale development such as house extensions, changes of use or appeals against planning conditions
42
Q

What happens with an informal hearing planning appeal?

A
  • Longer than written representation, allows the parties to present their case informally
    before the planning inspectorate, who leads a discussion on the appeal issues
  • Suited to more complicated cases that require detailed discussion about the merits of the proposal
43
Q

What happens at local inquiry planning appeals?

A
  • to be used for larger, more complex cases and can take several weeks
  • the planning inspectorate hears evidence from witnesses, who may be cross-
    examined by other parties’ legal representatives
  • most formal and is similar to a court of law, It is suited to more controversial cases
    where there has been a lot of public opposition
44
Q

Talk me through the public consultation process for a new development?

A

Following the receipt of a planning application the local planning authority will undertake a formal period of public consultation typically lasting 21 days allowing views on the development to be expressed.

The local planning authority will identify and consult a number of different groups typically neighbouring residents and community groups and statutory/non-statutory consultees

45
Q

Who are some of the statutory consultees that might be consulted on a planning application?

A
  • Environment Agency
  • Forestry Commission
  • Greater London Authority
  • Highways Authority
  • Historic England (will be consulted on all listed building consents)
46
Q

What is a non-statutory consultee on a planning application?

A

Non-statutory consultees are also considered and whilst they are not required to be consulted by law the LPA may consider their input if they are likely to have an interest in the proposed development

47
Q

Talk me through the hierarchy of planning policy that you consider when looking at development opportunities/submitting a planning application?

A
  1. NPPF (only covers England)
  2. Town and Country Planning Act 1990 (only covers the UK)
  3. London Plan (if developing in the Greater London Area)
  4. Local Plan
  5. Supplementary Planning Documents (provides detailed guidance on a policy in the Local Plan)
48
Q

Why is there a need to consider urban design principles and what are an example of some?

A

The NPPF makes clear that creating high quality buildings and places is fundamental to what the planning and development process should achieve

The National Design Guide sets out 10 urban design principles to be considered:
1. Context
2. Identity
3. Built form
4. Movement
5. Nature
6. Public spaces
7. Uses
8. Homes and buildings
9. Resources
10. Lifespan

49
Q

How do urban design principles impact development appraisals?

A

The design principles impact a development appraisal in the following ways;
- Build cost
- Efficiency – heights, floorspace, number of units
- Value of uses
- Public realm cost
- CIL and S106 costs

50
Q

What is the purpose of a supplementary planning document (SPD)?

A
  • An SPD provides detailed guidance on a policy in the Local Plan
  • SPDs do not introduce new policies but provide further guidance on existing ones
51
Q

What is the purpose of a design guide?

A

Design Guide - A document providing guidance on how development can be carried out in accordance with good design practice, often produced by a local authority

e.g - National Design Guide

52
Q

What is the purpose of a design code?

A

Design Code - A set of illustrated design requirements that provide specific, detailed parameters for the physical development of a site or area

e.g - National House Building Council (NHBC) Standards define the technical requirements and performance standards for the design and construction of new homes

53
Q

What is the purpose of neighbourhood planning and is it a legal requirement?

A
  • Neighbourhood planning gives communities direct power to develop a shared vision for their neighbourhood and shape the development and growth of their local area
  • Neighbourhood planning is not a legal requirement but a right which communities in England can choose to use
  • Neighbourhood plans must conform with local plans
  • Neighbourhood plans and local plans come together to form an overall development plan
54
Q

What are the national minimum space standards?

A

Adopted as a requirement in the London Plan, optional standards outside of London
- 1 double bedroom (single storey) – 50sqm
- 2 double bedrooms (single storey) – 70sqm
- 3 double bedrooms (single storey) – 95 sqm

55
Q

What is a s106 Agreement?

A

A s106 is a legal agreement between Local Authorities and developers; these are linked to planning permissions and can also be known as planning obligations.

S106’s will vary depending on the nature of the development but obligations include:
o Public Open Space
o Affordable Housing
o Education
o Highways
o Town Centre Improvements

56
Q

What is a s278 agreement?

A

A s278 agreement is a section of the Highways Act 1980 that allows developers to enter into a legal agreement with the council to make permanent alterations or improvements to a public highway, as part of a planning approval

57
Q

What is CIL?

A

CIL (Community Infrastructure Levy):
o a charge that local authorities can set on new development in order to raise f
funds to help fund the infrastructure, facilities and services
o charging rate varies between local authorities
o Charged on the GROSS additional floor area GIA
o Payable within 60 days of development commencing

58
Q

What is Mayoral CIL?

A

Mayoral CIL:
o Only applies to new developments in London and raises money towards
financing Crossrail and is paid to City Hall rather than the LPA
o Charged on a NET additional floor area GIA

59
Q

What is the difference between CIL and MCIL?

A
  • CIL is payable on GROSS floor area of a new development, MCIL is on NET additional floor area of a new development

-CIL funds go towards infrastructure in the local area, MCIL towards financing Crossrail

  • Different charging rates
  • CIL is paid to the LPA whereas MCIL is paid to City Hall
  • CIL applies across England and MCIL is only applicable in London
60
Q

What was the charging rate for CIL and MCIL on HQ4 for student accommodation?

A
  • CIL £180 per sqm
  • MCIL £25 per sqm
61
Q

What is the difference between a lease and a licence?

A
  • A lease is a legally binding contract that will grant the tenant the right to use the property for the terms stipulated in the lease – gives the tenant right to exclusive possession
  • A licence is simply a personal, contractual permission to occupy property. It does not confer any property rights and cannot be bought and sold. Provides no security of tenure
62
Q

Where are use classes set out and what are the different use classes?

A

The Town and Country Planning (Use Classes) Order 1987 – applies to UK!

  1. Use Class E (as amended) was introduced on 1st September 2020 – Commercial, business and service – CONVENIENCE STORE
  2. Use Class B2 – General Industrial
  3. Use Class B8 – Storage and Distribution
  4. Use Class C3 – Residential (dwelling house)
  5. Sui Generis – Student accommodation and hot food takeaway
63
Q

Does a change of Use Class require planning permission?

A
  • Dependent on the change of use class
  • For some changes of use class such as Use Class E to C3 they are covered under permitted development rights
  • For other changes of use you need to apply for planning permission
64
Q

What is a planning condition?

A

Planning conditions limit and control the way in which the planning permission must be implemented.

Aiming to improve the quality of planning applications through the mitigation of any adverse effects

65
Q

What are the 6 tests that planning conditions must satisfy?

A

6 tests in Paragraph 206 of the NPPF planning conditions must be:

  1. necessary;
  2. relevant to planning;
  3. relevant to the development;
  4. enforceable;
  5. precise;
  6. reasonable

APC Revision 2023 (34 decks)

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