Planning & Development Management Flashcards
What is the difference between hybrid and outline consent?
- Outline Consent establishes principle for the development and sets parameters
- Hybrid does this but also achieves detailed planning for part of the scheme
To achieve detailed element from outline - RMAs required
How long after outline submission do you have to submit RMA?
How long after achieving must you commence works?
- RMAs must be within 3 years of outline
- Must commence construction of RMA within 2 years
How long does full planning permission lasts for (from date of consent)
3 years
Plot L Sequential Test
What is a sequential test and what is it’s purpose?
A test required under the NPPF which aims to steer new development to areas with the lowest risk of flooding
Plot L Sequential Test
How did you recognise that a sequential test would be required?
- Recognised was different to other plots (not RMA, no outline)
- ‘flood map for planning’ to establish site in zone 3.
- Therefore sequential test required (as required for all new major/minor development in zones 2 & 3)
- PPG guidance - exception test also required
Were there any considerations regarding excemptions?
Not possible for Plot L as only excempt if:
- Household /non-dom extentions
- Change of use
Plot L Sequential Test
How did you achieve a smaller testing area?
- Looked into nearby sequential tests.
- Nearby borough had a local policy basis that allowed for sequential testing zones to be reduced. No such policy in Hounslow.
- Agreed with LPA that due to lack of clear basis, there was flexibility in interpretation as to the testing area
Plot L Sequential Test
What if the test failed?
- Try to emphasise ‘minor development’.
—–> Minor development in terms of flood risk (defined by the PPG) = mainly non-residential and house extensions
—–> BUT NPPF guidance would be minor (1 to 9 dwellings or a site area less than 0.5ha) - agree as ‘minor’ with council - Otherwise try again at s96a.
Plots E & J NMA
How did you convince from the council that the changes were ‘non-material’?
- Took them to site (I believe has stronger impact)
- Emphasised that in the context of the scheme, the changes were minor - not significantly change the scheme in either appearance or size
Plots E & J NMA
What were the changes you were trying to make with the NMA?
- Reduction in balcony size
- Change to BOH layout
- Slightly altering window spacing for new design
Plots E & J NMA
What if you couldn’t have got them through as NMA?
- Reassess how impactfult eh changes would be
- If still to proceed, consider re-submitting RMA for the plot, rather than s73
Plots E & J NMA
When making an NMA, who must be notified?
How long do the notified have to make representation
Anyone with land which would be affected by the NMA
14 days
Plots E & J NMA
What is the turnaround period for NMA?
28 days
(or longer if agreed in writing between parties)
Plots E & J NMA
What does the local planning authority have to take into account when making its decision?
- Effect of the change (size / appearance)
- Previous changes made under s96a
- Account for any representations made by the notified
Plots E & J NMA
What must be submitted on a NMA?
Can differ by Borough
For LBH:
1. Application Form
2. Location Plan
3. Plans/Documents (explaining proposed NMA)
4. CIL additional information form
5. Data required by GLA planning data standard
To ensure all info required, I would check the official LBH NMA validation checklist
Plots E & J NMA
How would you submit the application once you have the information?
I would use the “apply for planning permission” function on the planning portal
Plots E & J NMA
How much would a NMA cost?
In LBH it is £298
(LBH fee schedule)
Plots E & J NMA
Who can apply for NMAs?
Anyone with a legal interest in the land
- Freeholders
- Leaseholders (L&G AH)
- Mortgage lenders
Plots E & J NMA
What is a non-material amendment?
Amends existing scheme permission
- No definition of what ‘non-material’ is - this will depend on the development as permitted and the change proposed.
- If change size or clearly change appearance unlikely to be NMA.
Plot H RMA (noise)
Why were the noise concerns not picked up during the planning submission?
This was not picked up on original reports as it was a type of boat repair which only happens ad hoc during certain seasons
Plot H RMA (noise)
Why did you decide to conduct a noise survey without notifying the boat yard, and how did you ensure that the results were accurate?
- Similar issue on another project where once notified, noise increased significantly
Undertaking it without notifying was agreed with the council prior to undertaking the noise survey, and would ensure that results were realistic.
Plot H RMA (noise)
What would have been impact on the project’s success if the concerns hadn’t been addressed in time?
- Would delay stage 3 design, and Gateway 2 submission
Satisfying these issues quickly gave the client more flexibility to further design the scheme to their needs
Plot H RMA (noise)
Why did you consider external ‘winter gardens’ as a possible solution to mitigate noise. Did you consider any alternatives?
- Used them on another project with acoustic issues - resident feedback was excellent.
- Already had pre-approved designs, which would reduce the design fees & save time in re-designing
- Using solid balustrade likely not significant enough
Plot H RMA (noise)
What analysis did you do to assess the cost-effectiveness of incorporating winter gardens, and why did you ultimately decide against it?
- Approached sales team to provide an estimated revenue uplift per apartment and requested a cost estimate from the QS (as designed)
—–> I reccomended not to install unless necessary, as the revenue uplift was not justified by the total cost
