Planning and Development Managment Flashcards
What is Class Q?
Class Q allows the conversion of agricultural buildings to dwellings, subject to certain conditions and limitations, without the need to apply for conventional planning permission.
An application for Prior Approval to the local planning authority can be pursued to seek confirmation that specified parts of a development are acceptable.
What is permitted development
You can perform certain types of work without needing to apply for planning permission. These are called “permitted development rights”. These rights exist under the General Permitted Development Order (GPDO).
What are the conditions of a Class Q? reference case study (Blackawton) and Radstock
Not without specific areas (e.g. AONB or Conservation Area);
Footprint thresholds (max of 865 sq. m.);
Solely within agricultural use has to of been the case on 20th March 2013;
Barns have to be capable of conversion;
Council do also consider highways impact, contamination, flooding, location, noise, external appearance etc.
What is Class MA? reference to the application you made in Ilminster
Class MA allows the conversion of Use Class E to Residential, providing:-
- no more than 1,500 sq.m.
-building must be vacant for 3-months;
-must have been in Use Class E for at least 2-years;
-if the building requires additional work, such as adding doors/windows, this will need to be done via a separate application.
-must still apply to the council for prior approval notification before carrying out the works (LPA assess things such as highways, flooring, contamination etc);
-building must be capable of conversion.
What is a Certificate of Lawfulness for Existing Use or Development (CLUED)? reference to the application you made in Ilminster
A certificate that is legally granted by a Local Planning Authority to retrospectively legalise a previously unauthorised use or development.
In the case of the building in Ilminster, building has been in use as light industrial (Use Class E) for 10 plus years, therefore we submitted a CLUED to establish its lawful use.
Submit a CLUED to the Council, with evidence to prove the case, which included statutory declarations, rent payments, a lease etc..
Talk me through a time when you have applied for detailed planning permission? What did you have to consider? (Chilton Trinity)
Chilton Trinity
Applied for detailed planning permission a new self-building dwelling in the place of two dis-used barns.
Researched local policy - which supported self-build dwellings.
looking at site specific constraints - such as highways and access, ecology, visual impact, impact of nearby listed buildings.
Instructed third party consultants, including architect;
submitted all supporting information to LPA, had a meeting with the officer on site, listed to their concerns about overlooking on neighbouring property, took this onboard and made amendments to plans etc
What is Part M and Part L of the Building Regulations 2010?
Part M ensure that buildings are accessible, not only to disabled people, those with limited mobility and wheelchair users, but also to people who regularly use prams and other wheeled devices.
Part L sets the standards for the energy performance and carbon emissions of new and existing buildings.
From 15 June 2022 an important update to the Building Regulations will take place which includes an uplift to Part L. All new homes must produce 31% less carbon emissions than what is currently acceptable in the present Part L regulations.
What is the NPPF?
what are the proposed changes?
The National Planning Policy Framework (NPPF) sets out the Government’s economic, environmental and social planning policies for England. The policies set out in this framework apply to the preparation of local and neighbourhood plans and to decisions on planning applications.
The NPPF introduced the presumption in favour of sustainable development which means that development which is sustainable should be approved without delay.
NPPF changes - changes to include The presumption in favour of sustainable development remains, albeit a new caveat is inserted at Paragraph 11(b)(ii) which, for plan making, would prevent LPAs from having to meet housing need in full, where doing so would mean building densities that are ‘significantly out of character with the existing area’; In addition, the ‘presumption in favour’ set out in Paragraph 11 now no longer applies if an adopted neighbourhood plan is in place and is less than 5 years old (previously it had to be less than 2 years old).
Proposed amendments to the Housing Delivery Test triggers mean that the tilted balance would still apply when the measurement figure falls below 75%. However, the current requirement to apply a 20% buffer when calculating a five year housing land supply if delivery over the past three years has fallen below 85% of the housing requirement has been removed.
There is also a caveat proposed at new Footnote 49 whereby the tilted balance is not applicable if permissions have been granted for homes in excess of 115% of the authority’s housing requirement over the applicable Housing Delivery Test period.
currently consulting - more information to follow
What does the Environmental Act 2021 set out?
It provides the Government with powers to set new binding targets, including for air quality, water, biodiversity, and waste reduction.
All planning permissions granted in England (with a few exemptions) will have to deliver at least 10% biodiversity net gain from an of November 2023.
What is the difference between Section 106 and CIL
Section 106 - negotiation on a case by case basis (site specific), used to balance planning gain and business case for development, secures affordable dwellings
CIL - charged at a set rate within specific areas, negotiated at high level for whole district, not case by case (not site specific), used to fund infrastructure to support development (e.g. roads, floor defences and schools).
What is a Section 73 Application?
What is a Section 96A Application?
Section 73 is used to vary planning conditions - minor material amendments (turns into a full application if trying to vary the description of development)
Section 96A is used for non-material amendments, updating existing permissions (very small changes)
What is the 5-Year Housing Land Supply and how does it affect your advice on planning applications? Reference Westbury
National planning policy requires local authorities to maintain a supply of deliverable housing land big enough to meet their housing needs for the next five-years. If the housing supply falls below that level, the so-called “tilted balance” comes into effect. This means that some local planning policies which might otherwise prevent development - like a location outside the existing boundary of a town or village, unless it is in the green belt - become less important when deciding whether an application should be approved.
Crucially, sites must be deliverable - must be in the process or have planning permission, or be allocated for development.
If a council cannot demonstrate a 5YHLS then the NPPF states that planning applications should instead be decided based on the presumption in favour of sustainable development and the tilted balance may apply.
What is a Pre-app? reference Westbury - Why did you recommend that a Pre app should be submitted
Pre application advice allows you to engage with a planning officer to understand how they are likely to determine any subsequent applications and they can give you advice to help shape at application, helps give you a better chance at getting an application granted.
may help speed up the process of an application, may reduce the conditions attached to a permission
allows you to verify the local requirements, reduces likelihood of submitting an invalid application
highlights any potential risks that may need to be explored further
Downsides include the fact officers are not legally bound by what they say, fees, times etc
5 year housing land supply - what is the Tilted Balance and how does this affect the advice you gave? Reference Westbury and the fact that the LPA was preparing a new Local Plan - call for sites et al
the tilted balance should change the ‘balancing exercise’ which the decision-taker makes when deciding whether or not to grant planning permission; from a neutral balance where if the harms outweigh the benefits planning permission is usually withheld to a tilted balance where the harms should significantly and demonstrably outweigh the benefits for permission to be withheld.
What legislation (acts) govern planning policy in England?
Town and Country Planning Act 1990, as amended
- introduced planning as we know it today, introduced section 106
Localism Act 2011
- gave more power to LPAs
-sets out that developers should consult the community prior to submitting a major application.
