Planning and Development Management (Submission)

Question 1

What is the purpose of the NPPF?

When was it created?

Answer 1

To set out the governments planning policies for England with the aim of achieving SUSTAINABLE DEVELOPMENT.

2012.

Question 2

Definition of sustainable development?

Answer 2

Development that meets the needs of the present, without compromising the ability of future generations to meet their own needs

Question 3

Definition of development?

Answer 3

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.

Question 4

Can you tell me some of the proposed changes to the NPPF and why have these been suggested?

Answer 4

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.

2. Councils requirement to demonstrate a five-year housing land supply will be diluted. To make sure new homes are being delievered 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.

Question 5

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

Answer 5

Local Authorities must demonstrate their 5-year housing supply.

Question 6

What is the hierachy/ structure of UK planning system?

Answer 6

It is a plan led system.

National Policy (NPPF)
Local Policy (Local Plan)
Neighbourhood Policy (Neighbourhood Plans)

Question 7

What is a pre-application?

Answer 7

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.

Question 8

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

Answer 8

1. Submit pre-app request with supporting documents;
2. The Council will process the request (typically within a few weeks) and respond with a date;
3. The meeting is attended by the Planning Officer as well as the client/ someone acting on behalf of the client.
4. 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.
5. 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.

Question 9

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

Answer 9

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.

Question 10

What is the Greenbelt and what is its purpose?

Answer 10

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

Question 11

What type of planning application did you submit for 250 Windsor Road, Bray and why?

Answer 11

Full App as we had a pre-app confirming that houses could be approved. Also our option agreement with the neighbour was running out so we needed consent as soon as possible.

Question 12

Why did you decide to use ASHP’s on this scheme?

Answer 12

As Building Reg Part L update (2022) means new build need to reduce carbon emissions by 30% compared to previous regs.

MOCK QUESTION

Question 13

What is a section 73 & section 96a amendment? + examples?

Answer 13

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 = In Acton, I used it to make changes to the floor plans to improve their layout.

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 = change to the condition description on Starbucks!

Note = councils decision what they consider to be a S96a or a S73.

Question 14

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

Answer 14

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.

Question 15

What are the types of planning permission?

Answer 15

1. Outline application
2. Full application

Question 16

Aside from the various reports, what else do you need to submit with a planning application?

Answer 16

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

Question 17

What are typical planning application fees for outline and full applications?

Answer 17

Outline application for new houses:

Less than 2.5ha = £462 per unit
More than 2.5ha = £11,432 & £138 per unit (max fee £150,000)

Full application for new houses:

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

Question 18

What are the timescales for a planning application?

Answer 18

8 weeks – minor

13 weeks – major

Question 19

What can you do if you application hasn’t been determined by the decision date?

Answer 19

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.

Question 20

Can you run me through the process of a Local Plan being adopted?

Answer 20

Stage 1: Evidence gathering (e.g. Strategic Housing Market Assessment) and early stages public consultation.
Stage 2: Publication of the draft Local Plan for public consultation.
Stage 3: Submission of the Local Plan and independent examination of all the evidence to the inspector.
Stage 4: Examination, where soundness and legal compliance of the plan is tested. Inspector writes a report suggesting possible modifications
Stage 5: Local Plan adoption

Question 21

What is the call for sites process?

Answer 21

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.

Question 22

Key features of the Town and Country Planning Act 1990? How does it allow a LA to control development?

Answer 22

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.

Question 23

What can you tell us about the Town and Country Planning Act 2015? What is the importance of this?

Answer 23

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).

Question 24

Have you got an exmaple of when you used the Town and Country Planning Act 2015?

Answer 24

For a office building we own, prior to my involvement the General Permitted Development Order was used to submit a change of use Class O application to set the precedent for residential prior to our full application.

For this proposed floor plans, a location plan, Transport Assessment, Noise Assessment and Phase 1 contamination were submitted.

Question 25

What are the positives and negatives of PDRs?

Answer 25

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.

Question 26

What is prior approval and how do you achieve it?

Answer 26

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.

Question 27

What is an article 4 direction?

Answer 27

Removal of PD rights in an area in order to protect local amenity.

Question 28

What are the Nationally Described Space Standards (March 2015) for different units?

Answer 28

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

Question 29

What are the methods of appeal?

Answer 29

1. Written representations (cheapest and quickest)
2. Informal Hearing (more technical and expensive approach - allows the inspector to question the applicant) - RIPLEY EXAMPLE
3. Public Enquiry (reserved for substantial schemes such as challenging the 5 year house supply or the new LP)

Question 30

Who decides the type of appeal?

Answer 30

The Planning Inspectorate.

Question 31

What is a Judicial review?

Answer 31

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.

Question 32

How does a development management committee work? How often are the meetings?

Answer 32

Meets publically once a month to make decisions on more sensitive planning apps.

Question 33

How do you carry out a planning appraisal?

Answer 33

1. Look for site constraints such as flood risk, Green Belt, AONB, Listed Buildings etc
2. Look at sites planning history
3. Search of locally consented schemes to understand density that might be permitted, storey heights and likely acceptable mix of houses

Question 34

At Regal House, how did you know the renewable condition was pre-commencement and what did you submit?

Answer 34

“No above grounds works shall begin until a scheme to demonstrate how renewable technologies will be integrated into the development has been submitted to and approved in writing by the Local Planning Authority.”

Energy Statement produced by a consultant detailing our strategy inc the provision of ASHP’s.

Question 35

Cost for submitting a discharge of condition, S96a and a S73?

Answer 35

£116 (ex VAT)
£234 (ex VAT)
£234 (ex VAT)