Planning & Development Flashcards
What is a Local Development Scheme?
LDS sets out the timetable for the production of new or revised development plan documents
What is a ‘Call for Sites’?
An early opportunity for individuals, landowners and developers to suggest sites within the borough for development over the next 20, this exercise can feed into the production of a New Local Plan.
When does a ‘Call for Sites’ take place?
Local authorities will usually launch a call for sites when they are forming or reviewing their Local Plans. (Evidence Gathering Stage)
What are stages to adopting a local plan?
“Regulation 18 - Evidence Gathering and Early-stage Consultation
Regulation 19 - Public Consultation on Proposed Submission Local Plan
Regulation 22 - Submission of Local Plan for Examination
Regulation 24 - Examination by an Inspector
Regulation 25 - Inspectors Report
Regulation 26 - Adoption”
How would you submit a Call for Sites?
Depends on the Local Authority. I filled out a form, cover letter and included a red line plan of the site which I sent to the Local Authority within the call for sites timeframe.
What is a Compulsory Purchase Order?
A CPO is a legal process that allows acquiring authorities to require those with interest in property, e.g. owners and occupiers, to sell their interests if they obstruct any development or infrastructure project that benefits the ‘greater public good’.
What is a CPO claim?
An owner of land or rights compulsorily acquired is entitled to compensation and should be no worse or better off in financial terms following the acquisition.
“How is the UK planning system ‘Hierarchical in
Nature’”
At a national level, the NPPF provides an overarching framework, at a regional level (i.e. London) the mayor outlines the spatial strategy, and at a local level, local planning authorities outline their local development plan which shape the development and growth of the local area. Some areas also have neighbourhood plans which were introduced by the Localism Act 2011 to allow communities more say in what they want to see in their area.
What is the National Planning Policy Framework?
“The NPPF outlines the Governments overarching planning policies for England
and how these should be applied”
“When was the new NPPF adopted? What are the changes?”
NPPF was revised in July 2021.
Key changes include;
Update to the definition of ‘Sustainable Development’ to include the 17 UN SDGs.
Article 4 Directions - should only be used where absolutely necessary and cover the smallest possible area.
Trees - new streets should be treelined and trees should be incorporated into development as much as possible.
Beautiful Buildings and Design Codes - Beautiful Buildings are synonymous with well designed beautiful places. Design codes (in line with the National Design Guide can be produced as either part of a local plan or as a supplementary planning document and should provide clarity to developers as to what is ‘beautiful’.
Statues - should not be removed but explained - they constitute an important part of history.”
What is a development plan?
Outlines the type and scale of development needed in area and where this building should happen.
What are material considerations?
“A material consideration is a matter that should be taken into account in deciding a planning application or on an appeal against a planning decision.
Material considerations can include (but are not limited to):
Overlooking/loss of privacy
Loss of light or overshadowing
Parking
Highway safety
Traffic
Noise
Effect on listed building and conservation area
Layout and density of building
Design, appearance and materials
Government policy
Disabled persons’ access
Proposals in the Development Plan
Previous planning decisions (including appeal decisions)
Nature conservation”
What is sustainable development?
“Development that meets the needs of the present without compromising the ability of
future generations to meet their own needs”
What are the objectives of the NPPF?
“Three overarching objectives:
Economic
Environmental
Social”
What does the definition of Sustainable Development in the NPPF now include?
The UN 17 Global Goals for Sustainable Development in the period to 2030. These address social progress, economic well-being and environmental protection.
Why do we need a planning system?
“Planning ensures that the right development happens in the right place at the right time, benefitting communities
and the economy. It plays a critical role in identifying what development is needed and where, what areas need to be protected or enhanced and in assessing whether proposed development is suitable.”
Who determines planning applications?
Most minor and uncontroversial planning applications will be decided through delegated decision-taking powers by the local planning authority officers. Larger and more controversial developments are often decided by planning committee, informed by officers’ recommendations.
What is the role of the Secretary of State?
The Secretary of State oversees the planning system as a whole as well as having a more direct role in a small number of decisions through the appeals system, the call-in process and decisions on nationally significant infrastructure projects.
What is the definition of development?
Development is defined in the Town and Country Planning Act 1990 as the carrying out of building, mining or other operations in, on over or under land, or making any material change in the use of any buildings or land.
What are the types of planning application?
“Full application - full consent
Outline application - to establish the principle of development.”
What is the role of the planning inspector?
“Responsible for deciding most planning and enforcement appeals on behalf
of the Secretary of State.”
What are Local Plans?
They are the key documents setting out the vision and framework for future development of the area.
“At Regulation 24 Stage - (Examination by an
Inspector) an inspector is trying to establish whether a plan is sound; what are the 4 elements of soundness that Local Plans are considered against when they are examined”
“Local Plans must be:
positively prepared
justified
effective
consistent with national policy”
“What Legislation is there on
Neighbourhood Planning?”
Localism Act 2011 and the Neighbourhood Planning (General) Regulations 2012.
What is Neighbourhood Planning?
Neighbourhood Planning give communities direct power to develop a shared vision for their neighbourhood and shape the development and growth of their local area.
Why CIL?
“CIL is charged so that development can contribute towards the mitigation of its
impact on local infrastructure”
What tests must planning obligations meet:
“necessary to make the development acceptable in planning terms directly related to the development
fairly and reasonably related in scale and kind to the development”
“What happens once a planning application is
submitted?”
“publicise the proposal (using methods such as site notices and notifying neighbours and parish councils) so that people have a chance to express their views.
formal consultation period (normally lasts for 21 days.) Anyone may comment on a planning application during this period
A local planning authority usually has up to 8 weeks to make a decision on minor applications and up to 13 weeks for major development
Generally, once planning permission is granted, development must be started within 3 years. If work has not started by then, the applicant will probably need to reapply.”
What are planning applications determined against?
“The planning system is plan-led and any planning application must be determined in line with the development
plan (Local and neighbourhood plans and, where relevant, the London Plan) unless other material considerations indicate otherwise.”
What is a covenant?
“A covenant will be found in the title documentation on a piece of land, restricting its future use. Covenants cannot be disregarded
or removed unless this is done by agreement, discharged by the Lands Tribunal.”
When does an applicant have the right to appeal?
“If the Local authority:
refuses to give planning permission
grants it subject to conditions
fails to deal with an application within statutory time limits”
What other types of planning application are there?
“approval of reserved matters;
discharge of conditions;
amending proposals that have planning permission;
amending planning obligations;
lawful development certificates;
prior approval for some permitted development rights;”
What is a conservation area?
“areas of special architectural or historic interest, the character or appearance of which
are desirable to preserve or enhance”
Can you demolish a building in a conservation area?
Only with planning consent
What is a listed building?
One of historic or architectural importance or under threat
What are the three grades of listed building?
“Grade 1 - buildings of exceptional interest
Grade 2* - buildings of particular importance
Grad 2 - 90%+ of all listed buildings - buildings of special importance”
