Planning & Developmemnt Management 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 planning appraisal 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 align 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.
How is the need for planning consent determined?
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.
What key considerations are involved in determining the need for planning consent?
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.
How do you undertake pre-application consultation and why?
- First conduct initial research on the Local Plan, NPPF, and site constraints.
- Prepare a pre-app submission, including a site plan, development proposal, and planning statement, and submit it with the required fee.
What is the process involved in obtaining appropriate planning permission?
- The process starts with pre-application discussions (optional but recommended).
- A planning application is then submitted to the LPA, followed by public consultation and statutory responses.
- The LPA assesses the proposal against policy frameworks and material considerations.
- If refused you can appeal the decision to a higher body
What information is required in support of a planning submission?
Required information includes: Application form & fee, Site plans & elevations, Design & Access Statement (DAS), Heritage, environmental, transport assessments (if required), Planning Statement.
Where is the information required for a planning submission defined?
Defined in: Local validation requirements & NPPF.
What are site/building surveys?
- A site survey is a review of a property’s physical condition,
- while a building survey is an assessment of a building’s structure and condition
What does a site planning history review check?
It checks past approvals, refusals, and appeals related to the subject site
What does a Flood Risk Assessment (FRA) determine?
It determines flood zone classification and mitigation needs.
What do biodiversity and ecology surveys identify?
They identify protected species and habitat impacts.
What do archaeological and heritage assessments ensure?
They ensure compliance with conservation area and listed building regulations.
What do highways and accessibility reports assess?
They assess transport impacts.
What do utilities and services reports confirm?
They confirm infrastructure capacity.
What do contamination and ground condition surveys identify?
They identify risks requiring remediation.
Who typically carries out these surveys?
These surveys are carried out by specialist consultants such as environmental assessors, conservation officers, and archaeologists.
How do you analyse environmental features and issues?
Analysis involves desktop studies, on-site surveys, impact assessments, and mitigation strategies.
How long does it take to obtain a planning decision?
Standard applications: 8 weeks (householder/minor). Major developments: 13 weeks.
What is a Planning Performance Agreement?
A voluntary agreement between an applicant and LPA to set a project timeline beyond statutory deadlines.
How are planning decisions made and by whom?
Delegated powers – officers approve/refuse minor applications; Committee – major applications.
What are the main issues in determining if planning consent is granted?
Key issues include compliance with the Local Plan, impact on highways, heritage, environmental factors, and public consultation responses.
How can interested parties get involved in planning determination?
Interested parties can participate in public consultation, submit formal objections or support statements, and speak at planning committee meetings.
When would an application be ‘called-in’ by the Secretary of State?
A planning application may be ‘called-in’ if it raises issues of national importance or conflicts with policy.
When are applications referable to the Greater London Authority?
Applications must be referred if they exceed strategic development thresholds or affect Mayoral priorities.
What is the role of local councillors and planning officers in the planning system?
- Planning officers assess applications, provide recommendations, and enforce planning conditions;
- local councillors represent residents and vote in planning committee meetings.
What is the role of the Planning Inspectorate?
The Planning Inspectorate (PINS) is responsible for handling planning appeals, local plan examinations, enforcement appeals, and Development Consent Orders (DCOs).
What is a Judicial Review?
A Judicial Review (JR) is a legal process where the courts review the lawfulness of a planning decision.
What are the key timescales and risks associated with a Judicial Review?
A claim must be filed within six weeks of the decision. Risks include significant legal costs, project delays, and reputational damage.
What are the different types of planning appeals?
Three main types: Written Representations, Informal Hearings, Public Inquiries.
What are the stages of the appeals process?
- The appeals process begins with an applicant submitting an appeal to the Planning Inspectorate (PINS).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.
What is the public consultation process for a new development?
- 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?
Key stakeholders include the LPA, statutory consultees, local residents, businesses, councillors, and developers.
What is a Local Development Plan?
- 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 Local Development Scheme?
A Local Development Scheme (LDS) outlines how and when a Local Plan will be prepared, reviewed, and updated.
What is a non-material amendment?
A non-material amendment (NMA) allows minor changes to an approved planning permission that do not alter its scale, impact, or policy compliance.
What does S96A relate to?
Section 96A allows applicants to apply for non-material amendments to existing planning permissions.
What does S73 relate to?
Section 73 allows applications to vary or remove planning conditions attached to a previous planning consent.
How can you change a scheme once planning consent is secured?
A scheme can be altered through a non-material amendment, a S73 application, or by submitting a fresh planning application.
What is a drop-in permission?
A drop-in permission is a strategy where developers submit a new planning application within an approved scheme.
What is outline consent?
Outline planning consent establishes the principle of development without specifying full details.
How soon do consents usually expire?
Planning permissions typically expire after three years unless development has commenced within that period.
What can a developer do to remove the risk of a consent expiring?
Developers can commence works before the expiry date to ensure material operations have started.
What precedent was set in Hillside Parks Ltd v Snowdonia National Park Authority?
The case confirmed that implementing one planning permission can render another unworkable if both cannot coexist.
How does the Housing Delivery Test work?
The Housing Delivery Test measures an LPA’s housing delivery over the past three years against its housing need target.
What is the Presumption in Favour of Sustainable Development?
This NPPF principle prioritises sustainable development where housing supply is insufficient.
What is Permitted Development?
Permitted Development refers to certain types of development that do not require a planning application.
How are Permitted Development rights affected by a local Article 4 designation?
An Article 4 Direction removes Permitted Development Rights in specific areas, requiring full planning applications.
What is Neighbourhood Planning?
Neighbourhood Planning allows local communities to create a Neighbourhood Plan that shapes future development.
Why is the definition of ‘Development’ important in the Town and Country Planning Acts?
It 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 Government’s planning policies for England.
Why do local planning authorities need an up-to-date Local Plan?
Local planning authorities need an up-to-date Local Plan to ensure effective planning and development control.
How will the Levelling Up and Regeneration Bill change housing targets?
It proposes making housing targets advisory, rather than mandatory, giving LPAs greater flexibility.
Tell me about compulsory purchase.
Compulsory Purchase Orders (CPOs) allow public bodies to acquire land or property without owner consent for projects.
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.
What is 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.
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, including housing, infrastructure, and transport planning.
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 into a single approval.
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.
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.
• Discount Market Rent: Offered at a reduced rent (e.g., 20% below market value).
• Social Rent: The lowest-cost rental option, heavily subsidized for low-income households.
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 and discounted market sale homes.
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, binding the land itself rather than the individual owner. It secures necessary community benefits and mitigates the impact of new development.
What is the Community Infrastructure Levy (CIL)?
The Community Infrastructure Levy (CIL) is a charge on new developments to fund local infrastructure such as schools and transport. It is set by local authorities based on square meterage and is non-negotiable.
What are conservation areas?
Conservation areas are designated by local authorities to protect and enhance areas of historical or architectural significance. Stricter planning controls apply to preserve the character and appearance of the area.
