Planning Constraints

Question 1

Planning consent

Answer 1

Planning permission means submitting a request to carry out building work. Planning and listed buildings consent applications are made to the local planning authority (LPA). They will either grant (possibly subject to certain conditions) or refuse permission to build. If the design does nit comply with planning requirements, the designers will be required to make the necessary chanhes. If the changes are not made, it could lead to significant costs and even demolition

Most appeals are made because the LPA has refused permission or consent. A small number of objections, especially those linked with larger proposed developments, are heard by public inquiry. Experts may be required to provide their opinion on the objections to help local authorities consider the overall impact. The final decision in these cases will be made by the secretary of state (the cabinet minister who is head of the government department for Communities and Local Government). If the application conflicts with national policy, the secretary of state can intervene in aa planning application and overturn the LPA’s decision

Question 2

Local plan requirements

Answer 2

Local area plans (also known as local plans or area plans) identify how land is to be used with designated or zoned areas such as residential, commercial, industrial, conservation areas, greenbelts, Areas of Outstanding Natural Beauty (AONB) and Sites of Special Scientific Interest (SSSI)

Other areas may be identified by the Environment Agency as flood risk areas. Flooding can be caused by the sea and rivers, reservoirs, groundwater and surface flooding. Any planning applications within these areas must be shown to the Environment Agency

Question 3

Design sympathetic to local environment

Answer 3

Involving local communities in the planning process can help residents to shape the future of their area. This involvement in the planning process will protect the local environment and ensure any designs are appropriate. For example, replacing multi-paned Georgian windows of an existing Victorian design with large uPVC framed double glazed windows would not be in keeping with the traditions of the area. Local planning must also be in line with the National Planning Policy Framework

When planners receive an application for planning permission they must weigh up all the positive and negative impacts the project will have on the area. For example, the impact of a modern building on a conservation aeea will be much more significant than a similar building in an industrial zone. Planners must look at the larger picture

Question 4

Planning objections and pressure groups

Answer 4

Individuals and pressure groups may lodge objections to a planned project for several reasons. It may be contrary to local planning policy or it may have a negative impact on the existing character of there. Pressure groups often have a particular interest in protecting local heritage, trees or the environment

Clients or companies who are building new projects can address any concerns from the local community by communicating with them. This could mean holding open sessions that enable the local community to hear about the project and ask questions. They could provide information sessions in schools. They can highlight the benefits of the project to the community such as increasing jobs and financial investment in the area or improved infrastructure

The final decision is made by the local authority not the community. It is the quality, not quantity, of any objection(s) that can influence the outcome of any planning decision

Question 5

Listed building consent

Answer 5

A listed building is protected under the planning system to retain its architectural and historic importance for future generations. Permission is required to make changes to the building. There are three different grades of listed buildings

Grade 1 buildings are of exceptional interest
Grade 2* buildings are of more than special interest
Grade 2 buildings are of special interest

More than 50,000 listed buildings are identified on the National Heritage List for England

Question 6

Tree preservation orders (TPO)

Answer 6

These are made by the LPA to prevent cutting down certain trees or woodlands if their removal could have a significant impact on the local environment. Trees have an important role to play in maintaining and protecting the environment and they may be of historical importance. They can also provide shelter for wildlife, protect and screen developments, define the character of an area and contribute to health