Planning & Development Management Flashcards
EIA - What is the purpose of an EIA
Its aim is to allow the council to fully assess the environmental impact of a development using all available and relevant information before making a decision on whether or not to grant a decision
It gives the public a chance for early engagement
Should not be a barrier to growth, and EIAs should only be relevant for applications which will have a significant impact on the environment
LPAs should consider carefully whether or not a development needs an EIA (via Screening) and then attempt to reduce the scope of the assessment to the environmental impacts that the development will actually have.
Pre-app engagement is key
EIA - What is an EIA?
It is the systematic process used to identify, predict and evaluate the environmental impact of a proposed development
It is governed by the Town and Country Planning (EIA) Regulations 2017, that supersede the 2011 regulations
These regulations apply the EU directive of the “The Environmental Impact Directive”
EIA - What are the processes of an EIA?
- Screening - To understand whether or not a development needs an EIA, to understand if the development will have significant impacts on the environment
- Scoping - To determine the scope of the Environmental Statement submitted, ensuring to limit to only the factors this specific development will impact
- Preparing the Environmental Statement - Following deciding an EIA is required, and the scope is determined, a ES is required to be submitted as part of the application. Must be prepared by experts
- Planning Application & Consultation
- Decision
EIA - What is the screening process of an EIA?
‘Screening’ is a procedure used to determine whether a proposed project is likely to have significant effects on the environment. It should normally take place at an early stage in the design of the project. However, it can also occur after a planning application has been made or even after an appeal has been made. A developer can choose not to seek a screening opinion for a Schedule 2 development, and proceed to prepare and submit an Environmental Statement.
The local planning authority (or the Secretary of State as the case may be) should determine whether the project is of a type listed in Schedule 1 or Schedule 2 of the 2017 Regulations:
- if it is listed in Schedule 1 an Environmental Impact Assessment is required in every case
- if the project is listed in Schedule 2, the local planning authority should consider whether it is likely to have significant effects on the environment. This is done by reviewing the project against Schedule 3
EIA - What are Schedule 2 and Schedule 3 in the Town & Country Planning (EIA) Regulations 2017
Schedule 2
If a proposed project is listed in the first column in Schedule 2 of the 2017 Regulations and exceeds the relevant thresholds or criteria set out in the second column (sometimes referred to as ‘exclusion thresholds and criteria’) the proposal needs to be screened by the local planning authority to determine whether significant effects on the environment are likely and hence whether an Environmental Impact Assessment is required. Projects listed in Schedule 2 which are located in, or partly in, a sensitive area also need to be screened, even if they are below the thresholds or do not meet the criteria.
Projects which are described in the first column of Schedule 2 but which do not exceed the relevant thresholds, or meet the criteria in the second column of the Schedule, or are not at least partly in a sensitive area, are not Schedule 2 development.
Schedule 3
When screening Schedule 2 projects, the local planning authority must take account of the selection criteria in Schedule 3 of the 2017 Regulations. E.g. Characteristics of a development, its location and proposed impact.
When the local planning authority or Secretary of State issues its opinion they must state the main reasons for their conclusion with reference to the relevant criteria listed in Schedule 3, which is the selection criteria for screening Schedule 2 developments.
EIA - If a development is above the threshold of the 2nd column in Schedule 2, should it always be subject to an EIA?
However, it should not be presumed that developments above the indicative thresholds should always be subject to assessment, or those falling below these thresholds could never give rise to significant effects, especially where the development is in an environmentally sensitive location. Each development will need to be considered on its merits.
EIA - Can an Environmental Statement be submitted without a screening opinion?
An applicant may decide that an Environmental Impact Assessment will be required and submit an Environmental Statement with an application without having obtained a screening opinion. If an applicant expressly states they are submitting a statement which they refer to as an Environmental Statement, then, for the purposes of the 2017 Regulations, the application is classified as an Environmental Impact Assessment application and must be treated as such by the local planning authority.
EIA - What should an Environmental Statement contain?
- A description of the proposed development comprising information on the site, design, size and other relevant features of the development
- A description of the likely significant effects of the proposed development on the environment; that are relevant to the scoping opinion if received.
- A description of any features of the proposed development, or measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment;
- Include the information reasonably required for reaching a reasoned conclusion on the significant effects of the development on the environment,
- Examples of environmental assessments include:
- Daylight / Sunlight / Overshadowing
- Wind Microclimate
- Air Quality
- Ecology
- Townscape / Heritage
- Archaeology
EIA - How long does a local planning authority have to determine a planning application involving an Environmental Impact Assessment?
Where a valid planning application and Environmental Statement have been received by the local planning authority, they must determine the application within 16 weeks beginning with the day immediately following the day of receipt of the application
EIA - How did you provide your advice to your client?
Following a review of the Town and Country Planning (EIA) Regulations 2017. I concluded that my clients development was a Schedule 2 development and exceed the thresholds listed (over 150 dwellings and exceeds 5 hectares. Following the Schedule 3 criteria (such as Characteristics of the development, its location and proposed impact) I concluded that the development was likely to have significant effects on the environment.
I also reviewed against applications of a similar nature in Camden which also provided the requirement to complete an EIA.
I therefore saw an opportunity to save my client time, resources & money by advising them to not submit a screening report and move straight to a scoping opinion as it was certain an EIA would be required.
When speaking with the council, where we highlighted this was our strategy, they agreed.
S106 - What is a S106 Agreement?
Planning obligations set out
- In a legally binding agreement, negotiated between applicant and LPA
- That are site specific
- Can relate to various forms of community gain
Introduced under the Town + Country Planning Act 1990
Contributing to community space, education facilities or open space
S106 - What are the allowances provided within the council’s Controlled Parking Zone (CPZ)
Controls parking to Permit Holders only in certain areas.
What is required within a planning application?
- Completed application form
- Appropriate application fee
- Location Plan (1:1250, or 1:2500 for bigger installments)
- Site Plan (1:500 or 1:200)
- Drawings (1:50 or 1:100) - Including floor plans, sections + elevations
What other information could a planning application include?
- Design + Access Statement - Describes how a scheme is suitable for site, its surroundings + LPA context
- Planning Statement
- If required, an Environmental Impact Assessment
- Transport Assessment
- Flood Risk Assessment
- Regeneration Assessment
EP - RMA - What is an outline planning permission
It establishes the principle for a development, with the more detailed reserved matters saved for later.
Normally submitted are the parameter plans and design code for the potential development.
The maximum and minimum parameter plans highlight the maximum and minimum size and space of the building(s) within an outline permission.
The design code sets out what the details in the reserved matters should follow as a base for design.
EP - RMA - When did EP gain OPP?
2013 gained outline permission for the whole masterplan across 5 separate phases and a park.
EP - RMA - What was the planning application that was submitted?
I submitted a reserved matters application, detailing the exact look and feel of the park within the masterplan development following gaining the outline approval. The first two phases of the park had been delivered, and this reserved matters was for the final phase
What is the London Plan?
The overall strategic plan for London, setting out an integrated economic, environmental, transport and social framework for the development of London over the next 20–25 years.
What does the Localism Act Do?
Localism Act 2011
- Following the abolition of the Regional Spatial Strategies
- Autonomy at a local level, transferring power from central to local
- Developers obliged to consult with LPAs
NPPF 2012 Key Policies
- Balance economic growth with environmental protection
- Devolving planning decisions to local level
- Return to the local plan system
- LPAs to demonstrate a 5-year housing land supply
- Pre-app engagement & PPAs are encouraged
What was in the Revised NPPF 2021
- Limiting of Article 4 directions
- Greater emphasis on design quality, sustainability & a ‘community focused approach’
- Where extending certain settlements, there should be a 30-year look ahead
Revised NPPF December 2023
- Push for LPAs to produce their local plan. No longer need to produce 5-year housing supply if there is a local plan
- Significant weight put on energy efficient buildings
- Allocation of agricultural land for development
Town & Country Planning Act 1990
Provides the legal framwork for the town and country planning system in England and Wales.
It deals with:
- Roles of LPAs
- Planning permissions, development orders
- Enforcement (stop notices)
- TPOs
Within it includes certain sections such as S96A, S73, S106
