Planning & Dev L1 Flashcards
What is planning appraisal and how is it used?
A planning appraisal evaluates a site’s development potential by assessing planning policies, constraints, and opportunities. It helps developers and investors understand feasibility before acquiring land or submitting a planning application.
How does it fit within the development process?
Planning appraisal fits within the development process as an early-stage assessment. It helps determine the feasibility of a project before land acquisition and guides decision-making on whether to proceed with a formal application.
What is development management and why do we have it?
Development management is the process by which local planning authorities assess and determine planning applications. It ensures developments aligns with local and national policies while balancing economic, social and environmental factors.
What is development control?
Development control is a subset of development management focused specifically on assessing and deciding planning applications to ensure compliance with planning policies and land-use regulations.
Who are the key stakeholders in development management?
Key stakeholders in development management include the LPA, developers, landowners, community and residents, statutory consultees such as Highways, Water and local Public Transport Operator as well as planning consultants and surveyors.
Tell me about your understanding of the key principles and processes used to determine the need for planning consent?
The need for planning consent is determined by assessing Permitted Development Rights (PDR) under the General Permitted Development Order (GPDO), Use Class changes, and compliance with local and national policies such as the NPPF and Local Plan. Key considerations include heritage constraints, environmental impact, highways, and flood risk, which may require additional assessments like an Environmental Impact Assessment (EIA) or Transport Statement. Where uncertainty exists, applicants can seek pre-application advice from the Local Planning Authority (LPA) or apply for a Lawful Development Certificate (LDC) for formal confirmation.
How do you go about undertaking pre-application consultation and why
To undertake a pre-application (pre-app) with the Local Planning Authority (LPA), first conduct initial research on the Local Plan, NPPF, and site constraints such as heritage, flood risk, and highways. Prepare a pre-app submission, including a site plan, development proposal, and planning statement, and submit it with the required fee. The LPA planning officer will review the proposal, consult internal departments, and provide written feedback or a meeting. This feedback outlines key planning policies, material considerations, and potential objections, helping refine the proposal before submitting a formal planning application
What is the process involved in obtaining appropriate planning
permission? Starts with pre-application discussions (optional but recommended). A planning application (either Outline or Full) is then submitted to the LPA, followed by public consultation and statutory responses. The LPA assesses the proposal against policy frameworks and material considerations. A decision is made either by planning officers under delegated authority or by the planning committee. If refused, the applicant has the right to appeal to the Planning Inspectorate
What information is required in support of a planning submission and
where is this defined? ǽ�?���
Tell me about site/building surveys and details you are familiar with, e.g.
site planning history, flood risk, biodiversity, archaeology, architectural character, conservation, accessibility, highways, services and utilities. A range of site and building surveys are required to assess development feasibility and planning constraints. A site planning history review checks past approvals, refusals, and appeals, while a Flood Risk Assessment (FRA) determines flood zone classification and mitigation needs. Biodiversity and ecology surveys identify protected species and habitat impacts, and archaeological and heritage assessments ensure compliance with conservation area and listed building regulations. Highways and accessibility reports assess transport impacts, while utilities and services reports confirm infrastructure capacity. Contamination and ground condition surveys identify risks requiring remediation. These assessments are sourced from the Local Planning Authority (LPA), Environment Agency, Historic England, Highways Authority, and utility providers.
Where would you source information on one of these?
Typically, these surveys are carried out by specialist consultants such as environmental assessors, conservation officers and archaeologists.
How do you analyse environmental features and issues?
? Desktop studies ? GIS mapping, planning records.
? On-site surveys ? Ecology, contamination, drainage.
? Impact assessments ? Environmental Impact Assessment (EIA), sustainability.
? Mitigation strategies ? Design changes, offsetting
How long does it take to obtain a planning decision?
������� Standard applications: 8 weeks (householder/minor).
What is a Planning Performance Agreement?
������� Major developments: 13 weeks.
How are planning decisions made and by whom?
Delegated powers ǽ�?��?? officers approve/refuse minor applications Committee ǽ�?��??
What will be the main issues in determining if planning consent is
granted? The key issues in determining planning consent include compliance with the Local Plan, impact on highways, heritage, environmental factors, and public consultation responses. The viability of the development and required S106 contributions or Community Infrastructure Levy (CIL) are also considered.
How can interested parties get involved in planning determination?
Interested parties can participate in public consultation, submit formal objections or support statements, speak at planning committee meetings, and, in some cases, apply for a Judicial Review if legal grounds exist.
When and why would an application by ǽ�?��?called-inǽ�?��?� by the Secretary of State and what does this mean?
A planning application may be ǽ�?��?called-inǽ�?��?� by the Secretary of State if it raises issues of national importance or conflicts with policy. The decision is then made by the Planning Inspectorate after a public inquiry.
When are applications referable to the Greater London Authority?
Applications must be referred to the Greater London Authority (GLA) if they exceed strategic development thresholds, have a significant impact on London-wide policies, or affect Mayoral priorities.
What is the role of local councillors and planning officers in the planning system
system? Planning officers assess applications, provide recommendations, and enforce planning conditions. Local councillors represent residents, vote in planning committee meetings, and help shape local planning policies. ******************
What is the role of the Planning Inspectorate?
The Planning Inspectorate (PINS) is an independent government body responsible for handling planning appeals, local plan examinations, enforcement appeals, and Development Consent Orders (DCOs) for nationally significant infrastructure projects. It ensures transparent and fair decision-making, reviewing cases against the National Planning Policy Framework (NPPF) and local development policies.
What is a Judicial Review, and what are the key timescales and risks?
A Judicial Review (JR) is a legal process where the courts review the lawfulness of a planning decision, typically on grounds of procedural error, irrationality, or illegality. A claim must be filed within six weeks of the decision, making timing critical. Risks include significant legal costs, project delays, and reputational damage, and the court can quash a planning decision, forcing a reassessment by the Local Planning Authority (LPA).
What are the different types of planning appeals and when are they used?
There are three main types of planning appeals: 1.
Tell me about the stages of the appeals process?
The appeals process begins with an applicant submitting an appeal to the Planning Inspectorate (PINS) within the statutory timeframe. The appeal is allocated to an Inspector, who reviews the case through written representations, a hearing, or a public inquiry. A site visit may be conducted, and evidence is assessed against the Local Plan and NPPF. The Inspector issues a final decision, which is legally binding but can be challenged via Judicial Review.
Tell me about the public consultation process for a new development?
Public consultation ensures that communities, statutory consultees, and stakeholders can provide input on a proposal. It typically includes public exhibitions, online consultations, local meetings, and engagement with affected parties. LPAs require a Statement of Community Involvement (SCI), and consultation is crucial for major schemes, helping identify concerns early and improving scheme viability and design.
What stakeholders need to be considered for a development proposal and how are these managed?
Key stakeholders include the Local Planning Authority (LPA), statutory consultees (e.g., Environment Agency, Highways Authority), local residents, businesses, councillors, and developers. Managing stakeholders involves early engagement, responding to concerns, and ensuring compliance with planning policies through public consultation and pre-application discussions.
Tell me about planning policy and procedures relevant to your locality/region of working.
(Localised response required ǽ�?��?? for Cheltenham, reference JCS (Joint Core Strategy), Cheltenham Local Plan, and Cotswolds AONB policies). Planning is guided by the Local Plan, NPPF, and regional strategies, balancing housing need, infrastructure, and heritage constraints.
Tell me about your understanding of urban design principles and characteristics and their implications for development appraisals.
Urban design focuses on placemaking, connectivity, mixed-use development, sustainability, and public realm quality. Key principles include legibility, permeability, active frontages, and human scale design. For development appraisals, this affects site layout, land value, and planning viability, ensuring schemes align with local character and planning policy.
Tell me about your understanding of the role of supplementary planning documents, design guides and codes in guiding planning applications and their consideration.
Supplementary Planning Documents (SPDs), design guides, and design codes provide non-statutory but materially relevant guidance that helps shape site layouts, architectural style, materials, and sustainability. While not legally binding, they support Local Plan policies and are key in determining planning applications.
What is a Local Development Plan and a Local Development Scheme?
A Local Development Plan (LDP) is the statutory framework that guides land use and development, setting out housing, employment, and infrastructure policies. A Local Development Scheme (LDS) is the timeline and process document outlining how and when a Local Plan will be prepared, reviewed, and updated.
What is a non-material amendment?
A non-material amendment (NMA) under Section 96A allows minor changes to an approved planning permission that do not alter its scale, impact, or policy compliance. This is typically used for minor design tweaks without requiring a full new application.
What does S96A relate to?
Section 96A of the Town and Country Planning Act 1990 allows applicants to apply for non-material amendments to existing planning permissions without triggering a new full planning process.
What does S73 relate to?
Section 73 of the Town and Country Planning Act 1990 allows applications to vary or remove planning conditions attached to a previous planning consent. This can be used to alter a scheme without reapplying for full permission, provided the original description of development remains unchanged.
How can you change a scheme once planning consent is secured?
A scheme can be altered through a non-material amendment (S96A) for minor changes, a S73 application for modifying or removing conditions, or by submitting a fresh planning application for more substantial changes.
What is a drop in permission?
A drop-in permission is a strategy where developers submit a new planning application within an approved scheme, effectively superseding parts of the original consent. This allows phased changes without losing existing approvals.
What is outline consent?
Outline planning consent establishes the principle of development without specifying full details. Matters such as access, layout, scale, and appearance can be reserved for a later Reserved Matters Application (RMA).
How soon do consents usually expire?
Planning permissions typically expire after three years unless development has commenced within that period. Outline permissions require Reserved Matters applications within three years, with full implementation within two years of RMA approval.
What can a developer do to remove the risk of a consent expiring?
To prevent consent from expiring, developers can commence works, such as foundations or site preparation, before the expiry date, ensuring material operations have started under Section 56 of the Town and Country Planning Act 1990.
What precedent was set in Hillside Parks Ltd (Appellant) v Snowdonia National Park Authority?
The Hillside Parks Ltd v Snowdonia National Park Authority (2022) case confirmed that implementing one planning permission can render another unworkable if both cannot coexist. This reinforced the principle that a new consent must be compatible with an existing permission, impacting how drop-in applications and overlapping consents are handled in large developments.
Tell me about how Use Classes in planning have recently changed.
TBC
How does the Housing Delivery Test work?
The Housing Delivery Test (HDT) measures an LPAǽ�?��?�s housing delivery over the past three years against its housing need target. If delivery falls below 95%, the LPA must prepare an Action Plan
What is the Presumption in Favour of Sustainable Development?
This NPPF principle prioritises sustainable development where housing supply is insufficient. If an LPA fails the Housing Delivery Test or lacks a five-year housing land supply, planning decisions should default to approval unless significant adverse impacts outweigh benefits.
What is Permitted Development?
TBC**
How are Permitted Development rights affected by a local Article 4 designation?
An Article 4 Direction removes Permitted Development Rights (PDRs) in specific areas, requiring full planning applications for normally exempt developments. LPAs use Article 4 to control HMOs, office-to-residential conversions, or preserve heritage areas.
What is Neighbourhood Planning?
Neighbourhood Planning, introduced by the Localism Act 2011, allows local communities to create a Neighbourhood Plan that shapes future development. Once adopted, these plans form part of the Local Development Plan, giving greater community control over housing, green spaces, and infrastructure.
Why is the definition of ǽ�?��?Developmentǽ�?��?� important in the Town and Country Planning Acts?
Under Section 55 of the Town and Country Planning Act 1990, development includes building operations, engineering works, material changes of use, and subdivision of land. This definition is crucial in determining when planning permission is required, ensuring unauthorised works are regulated
What is the NPPF?
The National Planning Policy Framework (NPPF) sets out the Governmentǽ�?��?�s planning policies for England, prioritising sustainable development, housing delivery, infrastructure, and environmental protection. It guides Local Plans, decision-making, and appeals.
Why do local planning authorities need an up-to-date Local Plan?
TBC
How will the Levelling Up and Regeneration Bill change housing targets?
The Levelling Up and Regeneration Bill proposes making housing targets advisory, rather than mandatory, giving LPAs greater flexibility. It also introduces design codes, planning reform, and new infrastructure levies, aiming to increase local decision-making power.
Tell me about compulsory purchase.
Compulsory Purchase Orders (CPOs) allow public bodies to acquire land or property without owner consent for projects in the public interest, such as infrastructure, regeneration, or housing delivery. Compensation is provided under the Land Compensation Act 1961.
What is a Development Corporation?
A Development Corporation is a public body established by the government to facilitate large-scale urban development, regeneration, or infrastructure projects. They are typically granted special planning powers to accelerate development, including land acquisition, planning permission, and infrastructure provision. Their purpose is to stimulate economic growth and deliver strategic developments that might otherwise be challenging under standard local authority processes.
What is the Duty to Cooperate between local planning authorities?
The Duty to Cooperate is a legal obligation under the Localism Act 2011 requiring local planning authorities and other public bodies to work together on strategic cross-boundary matters. This includes housing, infrastructure, and transport planning. It ensures that local plans are aligned and that issues affecting multiple jurisdictions are effectively managed, supporting sustainable development across administrative boundaries.
What is a Development Consent Order?
A Development Consent Order (DCO) is a streamlined planning process for Nationally Significant Infrastructure Projects (NSIPs) such as transport networks, energy projects, and water supply systems. DCOs combine multiple consents, including planning permission, into a single approval, simplifying the process. They are granted by the Secretary of State following examination by the Planning Inspectorate.
How is affordable housing secured through the planning system?
Affordable housing is secured through the planning system primarily via Section 106 agreements, which are legal obligations negotiated between developers and local authorities. These agreements specify the quantity, tenure, and delivery of affordable units within a development. Additionally, planning policies within Local Plans set out requirements for affordable housing provision as part of new residential developments.
What is the difference between affordable rent, discount market rent, and social rent
Affordable Rent: Set at up to 80% of the local market rent, inclusive of service charges, and typically provided by registered providers. ǽ�?���
What is intermediate housing?
Intermediate housing is aimed at people whose incomes are too high for social rent but who cannot afford market housing. It includes shared ownership, where buyers purchase a share of the property and pay rent on the remaining portion, and discounted market sale homes offered at a percentage below market value. It bridges the gap between social rent and full homeownership.
How does a S106 agreement bind the owner of a development site?
A Section 106 (S106) agreement is a legal covenant that runs with the land, meaning it binds the land itself rather than the individual owner. This ensures that any planning obligations, such as affordable housing provision or infrastructure contributions, are enforceable on future owners if the site is sold. It secures necessary community benefits and mitigates the impact of new development.
Tell me about the Community Infrastructure Levy (CIL).
The Community Infrastructure Levy (CIL) is a charge on new developments to fund local infrastructure such as schools, transport, and open spaces. It is set by local authorities based on square meterage and varies by location and development type. Unlike S106 agreements, CIL is non-negotiable, more predictable, and intended to support broader community infrastructure needs
Tell me about conservation areas.
Conservation areas are designated by local authorities to protect and enhance areas of historical or architectural significance. In these areas, stricter planning controls apply, including restrictions on demolition, alterations to buildings, and tree works. The aim is to preserve the character and appearance of the area, ensuring that new developments or modifications are sympathetic to its historical context.
