Planning Development And Management Flashcards
what is the role of the secretary of state? What do they do?
oversees the planning system as a whole
more direct role in small number of decisions through calling in applications
decisions on NSIPS
- what is a compulsory purchase order
- what is a CPO claim
- A CPO is a legal process that allows acquiring authorities to require those with an interest in property to sell their interest if they obstruct any development or infrastructure project that benefits the public greater good.
- an owner of land or rights compulsorily acquired is entitled to compensation and should be no worse off or better off in financial terms following the acquisitions
what are the stages for a local plan?
Reg 18 evidence gathering and early stage consultation
reg 19 public consultation on proposed submission
reg 22 submission of local plan for examination
reg 24 examination by inspector
reg 25 inspectors report
reg 26 adoption
- when was the NPPF adopted?
- what are the changes?
- revised in 2021
changes:
1 updated definition of sustainable development to include 17 UN SDG
2 article 4 directions - should only be used where absolutely necessary and cover smallest possible area
3 new street should be tree lined and trees should be incorporated into development as much as possible
4 design requirements extended to places as well as individual developments. policies relating to new or significant extensions to settlements should contain a vision looking at least 30 yrs ahead - to deliver a significant supply of homes, neighbourhood planning groups should give particular consideration to small and medium sized developments
what are the types of planning application
full application - full consent
outline - to establish the principle of development
why do we need a planning system?
planning system ensures the right development happens at the right time in the right place benefitting the cvommunity and economy. it plays a crucial role in identifying what development is needed where and what areas need to be protected or enhanced and if necessary whether proposed development is suitable
Town and country planning order 2021 notes
permitted changes of use
new use classes
right to change from commercial, business or service premises to a dwelling. class E to C3
- building must have been vacant for 3 months
must have been use class E for 2 years
floorspace must not exceed 1500 sq m
Localism act 2011 notes
more authority to local authorities ie.g. public services
communities have rights to permit development without planning permission
encourage housing development
neighbourhoods to benefit from CIL
statutory duty for local authorities to cooperate on planning matters
developers obliged to consult local communities and have regard to their views raised before submitting major planning applications
enforcement powers strengthened to prevent retrospective planning applications and appeals being considered concurrently
community right to buy scheme
listed building notes
planning (listed buildings and conservation areas) act 1990
of national or architectural or historic interest or under threat
list is maintained by dept for levelling up housing and communities
administered by historic england
3 grades
grade 1 - buildings of exceptional interest
grade 2* - buildings of particular interest
grade 2 - buildings of special interest (90%)
What act relates to permitted development
Town and country planning (general permitted development) order 2015 - regulations 2020
When was NPPF first published
2012
What are key policies of NPPF
Balance econ growth with environmental protection
Streamline the planning process
Ensure planning decisions are made at grass roots level
Presumption in favour of sustainable development
Return to local plan system
Front loading planning apps with a pre app
What legislation is there on neighbourhood planning
Localism act 2011 and neighbourhood planning regs 2012
When was the NPPF revised
July 2021
Who determines planning applications?
Minor, uncontroversial - delegated powers by LPA officers
Larger, more controversial - planning committee informed by officers recommendation
In reg 24 local plan, what are the elements of soundness that local plans are considered against when they are examined?
Positively prepared
Justified
Effective
Consist with national policy
When was planning white paper “planning for the future” published?
August 2020
Planning white paper planning for the future proposals:
Streamlining and modernisation of the planning system with greater public engagement and digitisation
Cutting the time to adopt a local plan by a third
Fast track process for some applications for growth areas and beautiful schemes
New local plan designations for land for growth, renewal and protection
New focus on design and sustainability
Improved system for developer contributions with a new infrastructure levy for affordable housing
Ensure more land is available for development where it is needed
When was the new NPPG issued?
2018
What is the definition of development? Where is it found
Carrying out of building, engineering, ‘ining or other operations in on over or underland or making any material change in the use of buildings or land
Town and country planning act 1990
What are the timescales for an outline application?
Reserved matters must be submitted within 3 years of outline consent
Once The last reserved matters is approved development must commence within 2 years
What are the timescales to build within a detailed consent?
3 years from the date of consent
Name some items that would be within a planning application?
Application form
Appropriate fee
Ownership certificate
Location plan
Site plan
Drawings including sections and elevations
Supporting docs like
Planning statement
FRA
Air quality assessment
Landscape statement
Sustainability statement
Environmental impact assessment
Design and access statement
Transport assessment
Things to consider pre application 7
The client
The property
Planning issues
Proposed development
Highways and access
Services
Environment
What are application timescales during the planning process?
Normal applications -8 weeks
Major applications 13 weeks
EIA included 16 weeks
What should planning conditions be?
Reasonable, relevant to the development, enforceable
What should a s106 agreement be? 3
Necessity
Having a direct relationship with development
Fair and reasonable to the scale of development
What is the definition of sustainable development? Where is this definition found?
Sustainable development commission- Development which meets the needs of the present generation without compromising the ability of future generations to meet their own needs
How often should local plans be made?
A local plan should be reviewed every 5 years and then updated accordingly.
Typically see a local plan for 20 years
Where do you find what documents you should include in a planning application?
Planning portal list of deliverables
What act is a very or non compliance of a condition?
S73 town and country planning act
What is a non material amendment section
S73 town and country planning act
What are the use classes?
B general industrial
C residential including hotels
E commercial business and service including office, sport
F local community and learning including schools religious buildings
What are the conditions for PDR use class E to C3?
The building must have been vacant for 3 months prior to application
Building
Building must have been use class E for 2 years prior
Total Floorspace cannot exceed 1500sq m
