Planning Basics Flashcards
What is full planning permission?
Full planning applications can be made when all the details are known and the development is already considered viable.
What is on the deliverables list for full planning permission?
Site area
Current and past use of the development site
Flood risk assessment
Access report
The materials which are to be used
Information concerning waste storage and collection
Foul sewage report
Employment and hours of opening
Past and proposed industrial uses
For large housing developments this may be an Affordable housing statement, Environmental statement or Site waste management statement.
How long does it take to determine a full planning application
A decision on an application should be made within 8 weeks. This begins when the Local Planning Authority accepts the application as valid. On major developments this may take 13 weeks
What is outline planning permission?
Outline planning applications are used to gain an understanding as to whether the nature of a development is acceptable, this can help ensure viability up front. Specific details known as ‘reserved matters’ can then be confirmed later.
What are reserved matters?
Landscaping - the improvement or protection of the amenities of the site and the area and the surrounding area, this could include planting trees or hedges as a screen
Appearance - aspects of a building or place which affect the way it looks, including the exterior of the development
Layout - includes buildings, routes and open spaces within the development and the way they are laid out in relations to buildings and spaces outside the development
Access - covers accessibility for all routes to and within the site, as well as the way they link up to other roads and pathways outside the site
Scale - includes information on the size of the development, including the height, width and length of each proposed building
What is the cost of outline planning permission
An application for outline planning permission will cost £462 per 0.1 hectares for sites of up to 2.5 hectares.
Any site exceeding 2.5 hectares will cost up to £150,000.
How long does it take to determine an outline application
Outline planning permission should be granted within 8 weeks. This begins when the Local Planning Authority validate the application. For larger developments this may take up to 13 weeks.
Can you begin development with outline planning consent?
No - outline planning permission does not act as consent for development to begin.
How long do you have to submit reserved matters?
Once outline planning permission has been granted, a ’reserved matters’ application must be made within three years of the consent
How long do you have to begin works on an outline consent?
Development must commence within two years from the latest reserved matters approval.
What is the cost of reserved matters applications?
A cost is applied of £462 per house, up to 50 houses.
Total cost cannot exceed £300,000
What is listed building consent
Planning (Listed Building and Conservation Areas) Act 1990
An application for listed building consent should be submitted for all applications requiring alteration, extension, or demolition to a listed building.
What are the types of listing?
Listed buildings are classified into grades as follows:
- Grade I - buildings of exceptional interest
- Grade II* - particularly important and more than special interest
- Grade II - buildings of special interest
How much is the cost of a listed building consent
There is no fee
How long does it take for LBC to be consented
Listed building consent should be granted within 8 weeks. This begins when the Local Planning Authority validates the application. This includes a 21-day consultation period where neighbours and interested parties can comment on the proposal.
What should be included in a Listed Building Application
site plan, location plan, design and access statement and heritage assessment
What is a Lawful Development Certificate
An application to establish whether
- An existing use of land is lawful.
- A proposed use of buildings or other land would be lawful.
What are the time limits for LDC?
The time limits are:
- Four years for the change of use of a building, or part of a building, to use as a single dwelling house. Enforcement action can no longer be taken once the unauthorised use has continued for four years without any enforcement action being taken.
- Ten years for all other development. The ten year period runs from the date the breach of planning control was committed.
Once these time limits have passed, the development becomes lawful, in terms of planning.
What are the costs of LDC applications?
- Existing use or operation – same as Full planning permission
- Existing use or operation: lawful not to comply with any condition or limitation £234
- Proposed use or operation – Half the normal planning fee
What evidence must be submitted for a LDC?
- Whether the application relates to:
- A use
- A building operation
- A condition not complied with
- The date that the use (or breach of condition) started, or the date on which the building was substantially complete
- Any use class the applicant considers to be applicable
- In the case of a breach of condition, details of the relevant application
- The reasons the applicant believes they are entitled to an LDC
- A plan identifying the land
- A certificate as to the applicant’s interest (ownership, tenancy etc) in the land and any interest of any other person
- Any other information you deem relevant
How long are the timescales for achieving a LDC?
Should be decided within 8 weeks. This starts once the application has been validated by the Local Planning Authority.
What happens if the lawful development certificate is refused?
Need to apply for full planning permission
What is Prior Approval?
Prior approval is where you submit all details necessary for the Local Authority to determine a PD proposal complies with permitted development legislation, and if its prior approval will be required and/or should be granted
What is Permitted Development
Certain types of development are granted planning permission by national legislation without the need to submit a planning application.
How long do councils have to determine prior approvals?
8-week period from when the application is received.
What happens if a local authority does not determine prior approval application
If after 8 weeks the council has failed to make a decision, the prior approval will be ‘deemed consent’
What is the fee for a prior approval?
basic fee for most is £96
Why do councils need to give their prior approval on permitted development?
Allows Local Planning Authority to consider the proposals, their likely impacts in regard to certain specific factors (e.g. transport and highways) and how these may be mitigated.
What is Class MA
PDR for Class E to Class C3
What are the conditions attached to class MA
- Must have been vacant for a continuous period of 3 months prior to the date of the application
- Must have been in class E use for a continuous period of 2 years prior to the date for prior approval
- Cumulative floorspace of the building cannot exceed 1,500 sqm.
What is an enforcement notice?
Issued by the council when there has been a breach of planning control.
States what the breach is and the steps to remedy the breach.
What is a section 73 application?
An application to request to remove or vary a condition
What is the fee for a s73 application
£234
What is a s96a application?
This is a non-material amendment - which allows a minor change to the planning permission
What is the difference between an NMA and a MMA
Non - Material amendment (s96a) – changing wording
Minor amendments (s73)– make small amendments to planning permission.
When is a development GLA refferable?
- Over 150 units
- Over 30m in height
- If it is in Green Belt or MOL land
When is a development GLA refferable?
- Over 150 units
- Over 30m in height
- If it is in Green Belt or MOL land
What are the stages of GLA reports?
Stage 1 - GLA calls an application in and has 6 weeks to assess it and direct the council to grant or refuse
Stage 2 - GLA then grants or refuses if they don’t agree with the LPA
Stage 3 - Mayor is to be the LPA
What material considerations may be considered in deciding a planning application?
NPPF, PPG, London Plan, Local Plan - everything except loss of view and value
What is included within a planning application?
Application form
Application fee
Ownership Certificate
Agricultural Holding Certificate
Location Plan
Site Plan
Floor Plans
What is included in an LDC application?
- Covering Letter
- Site Plan
- Certificate of Lawfulness (Existing)
- Certificate of Lawfulness (Existing) Site Plan
- Existing Ground Floor Plan
- Proposed Ground Floor Plan
- Evidence of existing lawful use.
Who is consulted in planning applications?
Statutory consultees (Highways, Thames Water, TfL)
Public consultation
21 days
How does the NPPF ensure sustainable development?
Golden thread that runs through the NPPF - presumption in favour of sustainable development. NPPF ensures that development is directed to sustainable places.
Key changes to the new london plan?
- Room heights in new developments must now be 2.5m.
- All developments in the CAZ, Inner London Opportunity Areas, Metropolitan and Major Town Centres, all areas of PTAL 5-6 and Inner London PTAL 4 must be car-free.
- Threshold approach for Affordable Housing
What is the purpose of the Localism Act
To give more autonomy to communities at a local level.
What is the community right to buy scheme
Allows communities right to buy assets of community value
How can appeals be made
Written statement
informal hearing
planning enquiry
called in by the secretary of state
How long do you have to make an appeal?
6 months
What are the time limits for enforcement of a planning breach
4 years for change of use to a single dwelling or operational use
10 years for everything else
What is a stop notice?
Can only operate with an enforcement notice - requres works on site to stop.
£20,000 fine
What is required in prior approval applications?
Highways, flooding, contamination risk report, noise impact and daylight sunlight.
What are some new PD rights?
Class A extensions = Upwards extensions on blocks of flats and mixed use buildings have to have been built between 1948 and 2018. Allowed 2 additional storeys, cannot increase the height by more than 7 metres and cannot have a total overall height of more than 30m.
Class MA - conversion of class E to C3, must be less than 1,500sqm and have been vacant for 3 months prior to application. Must have been in E class use for 2 continuous years prior to vacancy.
What is a TPO
Protects trees. £20,000 fine for a breach
Flood Zone 3 planning restrictions?
cannot build resi at GF
Can you put up a for sale sign in a conservation area?
You need planning permissio
What would happen if you commenced works prior to discharging conditions
It may invalidate the planning consent. Staring work on site without complying with the pre-commencement conditions may make a consent null and void.
What do the Community Infrastructure Levy (Amendment) Regulations 2019 require?
That LPAs produce an annual report outlining how much money has been collected from s106 and CIL payments and what the money has been used on.
What do you submit with a planning application
- application form
- application fee
- ownership certificate
- agricultural holding certificate
- Location plan/ site plan/ drawings
- DAS
What else may be needed when submitting a planning app
- Flood risk
- Heritage statement
- Tree survey
- Ecological assessment
- planning statement
- Highways assessment
What are the key points of the TCPA 1990
s73 - MMA to vary or remove a condition
s96a - NMA to a planning application
s106 - Legal agreement related to site specific impact only
