Planning & Development Management Flashcards

Question

Would this be the same or different for justifying an agricultural dwelling?

Answer 1

Yes to a degree: Depending on nature of farming enterprise. Must meet two tests: Functional Need: Requirement to live on site all year round within sight & sound of the farmyard. Animal Welfare - eg dairy farm with year round calving or bucket rearing calves - requires regular monitoring & be on hand to assist Calculated using Standard Man Days Calculation (SMD) - general estimate of labour requirement. Must demonstrate requirement for min 1 labour unit (a full time worker) - 2,200 hours/yr or 275 man days of 8 hours each. Industry Standard Figures for each sector eg calf to weaning equates to 18 man hours/cow/year. So number type & age will directly affect this test. Financial Test - appraises the viability of the business Must sustain one full time worker living on site on min wage (general rule of thumb £20,000/year) Start up business less than 3 years accounts - temp dwelling The size of the holding is the not primary factor for the justification but all or a portion of the land may be tied to the grant of planning

Answer 2

Name of applicant Type of enterprise/Stock numbers Size of holding Size & design of the building Location of the building Access Services drainage details Reason for need the building RoW Land designation eg SSSI, National Park

Answer 3

Land Registry Search - verify ownership and if there are any encumbrances on the title Zoning Land/ Land use - to establish is any zoning applies to the site dictates the type pf development allowed Previous planning applications if any - refused applications can often include case officers report outlining reasons for refusal can be a useful tool moving forwards Land designations - ANOB, National Parks, SSSI

Answer 4

Yes, for a dry storage shed in the National Park.

Answer 5

I advised the following: Full Planning application - Not PD as was not more than 400m away from a protected dwelling. LPA had 56 days to decided but likely to be longer. If approved it would likely be approved with conditions Advised to put concreting in along with building BNG Metric not required as was on a concrete yard so no loss of habitat - however BNG enhancement features would be required as per DNP Local Plan SP 2.3 - As new development will be required to contribute toward biodiversity enhancement. I advised that additional reports may be required. Such as drainage assessment & a SCAIL Assessment but we would deal with these should the need arise.

Answer 6

It is the Simple Calculation of Atmospheric Impact Limits tool. Allows for the assessment of the impact of air pollution caused by agricultural & combustion sources on semi-natural areas such as SSSI's

Answer 7

Retired dairy farmers, moved down from Somerset, lived alone. Purchased the property and moved down in July 2010. The AoC on the property stated: The dwelling shall only be occupied by persons employed full time locally in agriculture or forestry work, defined by Section 336 of the T & C Planning Act 1990 & the dependents of such persons. The exact justification for the dwelling was unknown, permission was granted 8th October 1990. I advised the clients that given the wording of the AoC they were in breech of this condition. By virtue of s171(B) of TCPA 1990 Where it states - no enforcement action may be taken after a period of 10 years beginning with date of the breech The breech took place in July 2010 and therefore was well in excess of the 10 year rule and there was no deliberate concealment of the breech. Burden of proof lies with the applicant - we must put forward a robust case with case law stipulating that if the LPA has no evidence to contradict the applicants version of events there is not reason to refuse the application (F. W. Gabbitas v SSE and Newham LBC [1985] J.P.L. 630) I advised that we need to gather evidence to build a case. Statutory declarations. Google earth images from date of occupation to show no stock or grazing. Planning History showing no agricultural use Land registry title title & plan to show date of purchase & extent of the property Utility bills from occupation.

Answer 8

Submitted an application for a Lawful Development Certificate for an Existing Use or Operation or Activity including those in breach of a planning condition on planning portal. Documents: D & A Site Plan Block Plan Wildlife Trigger Table Flood Risk Statutory declaration

Answer 9

If recommended for refusal Case Officer often emails beforehand outlining reasons for refusal and giving you a chance to withdraw the application or the application is refused with a case officers report detailing reason for refusal. I advised if this happens: We can withdraw (if given the option) try to address the Case Officers concerns and reapply. But if we withdraw we loose the right to appeal. Let the application run to refusal, and try to address the case officers concerns and reapply. We could go to appeal to the Planning Inspectorate with no timescale for appeals . However this is a long process with appeal decisions taking up to 12 months.

Answer 10

Governed by Law The Statutory Declarations Act 1835 Legally binding statement of fact Similar to an affidavit but without sworn oath Used to confirm something is true to the best of the declarants knowledge & belief Typically used when other evidence isn't available Must be signed in the presence of an authorized person to ensure legal validity such as solicitor or justice of the peace

Answer 11

We are waiting for a decision with the target being 21 April 2025