Planning and Development Management (Submission) Flashcards

1
Q

Can you tell me some of the latest changes to the NPPF?

A

The latest revision in 2021 incorporated the UN Sustainable Development Goals, expanding upon the definition of sustainable development.

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2
Q

What is a pre-application?

A

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.

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3
Q

What are the timescales of a pre-application and can you talk me through the process?

A
  1. The pre-application request will typically be submitted via the Council’s website using an online form, including the submission of any supporting documents/plans;
  2. The Council will process the request (typically within a few weeks), responding in due course to confirm the applicable pre-app fee and arrange a suitable date and time to meet (either virtually, at their office or on site). The pre-app fee is always paid directly to the Council by the client.
  3. The meeting is attended by one of the Savills Planners along with the Council’s assigned Planning Officer. The client’s attendance is optional, but often recommended so that they can hear what the Planning Officer has to say and ask any relevant questions;
  4. Following the meeting, the Planning Officer will write a concise pre-application advice letter based on the proposal, the discussions undertaken during the meeting and any submission documents. Their advice will detail whether the Council are likely to support or disagree with the proposal, or alternatively recommend that amendments/additional reports are prepared to make it acceptable if a planning application were to be submitted;
  5. Finally, the written response is received from the Planning Officer with their advice. However, it should be noted that 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.
  6. Following the conclusion of the pre-application process, the proposal will usually be amended in accordance with the Planning Officer’s recommendations before a planning application is submitted for determination.
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4
Q

Could you give me some pros and cons of a pre-application?

A

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.

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5
Q

What is the Greenbelt and what is its purpose?

A

The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open

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6
Q

Why did your client for Kelvedon Hatch not go directly for an outline/ full planning application?

A

because they wanted to get a better understanding of what the council is looking to see and what information they will need to provide to obtain full planning.

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7
Q

What other aspects of the development in Kelvedon Hatch did you think made it acceptable in planning terms?

A

it adjoins the existing village and would be a natural extension to the village with good access point to the road.

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8
Q

What is a section 73 amendment?

A

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.

There is no black-and-white answer as to what is material (section 73) and what is non-material (section 96A) as this is dependent on the context of the overall scheme– an amendment that is non-material in one context may be material in another.

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9
Q

What are other forms of amendment?

A

A non-material amendment which is granted under section 96A of the Town and Country Planning Act 1990.

There is no black-and-white answer as to what is material (section 73) and what is non-material (section 96A) as this is dependent on the context of the overall scheme – an amendment that is non-material in one context may be material in another.

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10
Q

What is a vision document?

A
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11
Q

Can you name some of the UN Sustainable Development Goals and why these may be incorporated into the NPPF?

A

There are 17 UN Sustainability Development Goals.

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12
Q

What does the NPPF say about the 5-year land supply?

A

Local Authorities must demonstrate their 5-year housing supply.

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13
Q

Why do the council have to show what they’re spending CIL on and where would you find this information?

A

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.

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14
Q

How does land get released from the Green Belt?

A

Through allocation for development within the Local Plan.

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15
Q

Did the scheme in Chelmsford have any sustainability features?

A
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16
Q

Why is the planning system important?

A
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17
Q

What is the difference between minor and non-material amendments?

A

There is no black-and-white answer as to what is material (section 73) and what is non-material (section 96A) as this is dependent on the context of the overall scheme – an amendment that is non-material in one context may be material in another.

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18
Q

What are the types of planning permission?

A
  1. Outline application
  2. Permission in principle
  3. Full application
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19
Q

What is included in a planning application?

A
  1. Application form
  2. Application fee
  3. Ownership certificate
  4. Location Plan (1:1250 or 1:2500).
  5. Site Plan (1:500 or 1:200).
  6. Drawings 1:50 or 1:100 to include floor plans, sections and elevations.
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20
Q

What are typical planning application fees?

A

Full application for new dwelling houses:

Up to 50 houses = £462 per house
+ 50 houses = £22,859 + £138 for each additional house in excess of 50 (max fee £300k)

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21
Q

What are validation requirements and can you give me some Chelmsford requirements examples?

A

These are documents that must be submitted for an application to be accepted. There is a national list but LPA can request specifics.

Tree information
Flood Risk Assessment
Site Sections
Design and Access

22
Q

What is the National Design Guide?

A

A guide illustrates how well-designed places that are beautiful, enduring and successful can be achieved in practice.

It identifies 10 Characteristics of well-designed places such as:
- Context (enhances the surroundings)
- Nature (enhanced and optimised)
- public spaces (safe, social and inclusive

23
Q

What is the National Model Design Code?

A

​The National Model Design Code sets out clear design parameters to help local authorities and communities decide what good quality design looks like in their area.

24
Q

What are the timescales for a planning application?

A

8 weeks – minor

13 weeks – major

16 weeks – major with EIA

25
Q

What is considered a Major development?

A

10+ units
1 + hectare
1000 sq. m. floor space

26
Q

What is a Judicial review?

A

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.

27
Q

What is the purpose of the NPPF?

A

Plan making and decision making.

It is not just for the LA to make their Local Plans referencing. Large developments could be decided on in regard to the NPPF directly.

28
Q

What is the difference between CIL and S106?

A

s106 is negotiable and site-specific whereas CIL is a non-negotiable tariff which is applied on an sqm basis of new floor space.CIL is to fund various wider community infrastructures which are not site specific.

29
Q

Do all applications have a vision document, like your Chelmsford example?

A

How many houses are being built at Beaulieu and Channels?!

30
Q

You mention an application on greenfield land. What constraints are you likely to identify on greenfield land?

A

Green belt restrictions.
Pylons
TPO’s
agricultural tenancies
location in terms of roadways
access points/ issues
local surrounding amenities to support the increase in houses
topographical conditions
ground conditions if requires a lot of tree culling
protected species/ ecological surveys
BNG

31
Q

At Kelvedon Hatch, you analysed the property against the Adopted local plan. What weight did you attach to the adoption and how would you have advised differently if it hadn’t been adopted?

A

A Draft Local plan is not a finalised document as it is still to be independently examined. The purpose of this is to assess whether the plan has been prepared in accordance with the Duty to Cooperate, legal and procedural requirements and whether it is sound.

The NPPF identifies the ‘soundness test’:
1. Positively prepared
2. Justified
3. Effective
4. Consistent with national policy

My advice would depend on what stage of the plan is at. If it has been submitted to the inspector, then more weight can be applied.

If the LP was at the early stages and the previous is out of date I would also view the neighbourhood plan, if it had one, and see when that was prepared.

32
Q

What is meant by the adoption of a Plan - can you run me through the process of a plan being adopted?

A

There are 3 formal stages:
Stage 1: Public consultation on Issues.
Stage 2: Public consultation on the draft local plan.
Stage 3: Examination of the planning policies. Inspector will then provide a report.

33
Q

What is the call for sites process?

A

LPAs required to identify the future supply of land that’s suitable, available and achievable for development.

LPAs will encourage landowners to come forward with sites they are interested in developing.

Anyone can put forward a site.

Doesn’t mean it’s allocated for development, have to be technically assessed first.

34
Q

What is a SHLAA?

A

Strategic Housing Land Availability Assessment

Call for sites leads to SHLAA.

Technical exercise to determine quality and suitability of development land for housing.

Part of the evidence base needed for the preparation of a Local Plan.

35
Q

What is a SHMA?

A

Strategic Housing Market Assessment

Assessment of future housing market requirements within an area, including assessment of type, density etc.

This identifies the Objectively Assessed Housing Need (OAHN)

This forms a key component of the analysis of determining the number of homes needed over the plan period.

36
Q

What is a five-year land supply and why is important?

A

Under NPPF, all LPAs must demonstrate deliverable 5-year housing target, with 5% buffer.

5-year housing supply calculated on ‘standard method’ – with LPA specific constraints.

37
Q

What is a housing delivery test?

A

Annual measurement of the number of homes built in LPAs across England over a three-year period.

There are penalties for those delivering less than 95% of their requirement.

The most severe penalty, LPAs that delivered under 75% and now face the ‘presumption in favour of sustainable development’.

This essentially means that planning permission should be granted unless the site is protected under the NPPF or the adverse impacts demonstrably outweigh the benefits.

38
Q

Section 73 and section 96 – what are the differences?

A

s73 = minor material amendment and it needs consultation
s96 = non-material amendment and doesn’t need consultation

39
Q

What is a s106 agreement?

A

Mitigates impact of development

40
Q

Are there any exceptions to the greenbelt?

A
  • In very special circumstances which are very subjective to the development
  • agricultural use
41
Q

What would you consider in terms of planning if advising a client with land in the conservation area?

A

Planning applications would need to be FULL as opposed to outline and therefore this would be a higher cost for my client.

42
Q

In terms of Kelvedon Hatch you said it was acceptable in planning terms, please can to explain?

A
  • Met the minimum space standards
  • parking provision
  • open space
  • BNG
43
Q

How does AH affect the value of a site?

A

It would decrease site value due to the decrease in GDV which is usually input at 55% of MV.

44
Q

How does LA control development?

A

Town and Country Planning Act (1990)

45
Q

What are the three methods of appeal?

A
  1. Written representations (cheapest and quickest)
  2. Hearing (more technical and expensive approach)
  3. Enquiry (reserved for substantial schemes such as challenging the 5 year house supply or the new LP)
46
Q

What is a Grampian condition?

A

This is a condition which requires work off-site to be fulfilled prior to works on-site being able to commence.

47
Q

What is a s278 agreement?

A

It is a section of the Highways Act 1980 that allows developers to enter into a legal agreement with the council (in our capacity as the Highway Authority) to make permanent alterations or improvements to a public highway, as part of a planning approval.

48
Q

Can you talk me through the process by which a site goes from being unallocated to allocated within the LP?

A

Council does a call for sites for several months. (ie. Chelmsford
Assess them on a basis

49
Q

How do you carry out a planning appraisal? What policies would you have regard to?

A
50
Q

What is a conservation area, and what is the name of the legislation?

A
51
Q

How did you appraise your site in planning terms? What were the restrictions to development?

A
52
Q

How do LA’s calculate their housing need?

A