Planning & Development Management (L3) Flashcards
What is the difference between an OPP and an RMA or FULL application?
OPP= sets principle of development (must submit RM in 3 years)
RM= detail of development (5LALA’s)
Who do you submit an application to?
The LA
or if the LA is in special measures (uttleford) it is submitted direct to sec of state.
What are the 5 RM’s?
Landscaping
Access
LAyout
Appearance
Scale
What is an appeal? What forms of appeal are there?
When do you submit an appeal?
Can appeal a decision, a condition or if the decision is undetermined.
Planning inspectorate decides:
WRITTEN STATEMENT (evidence)
INFORMAL HEARING (discussion)
PLANNING ENQUIRY (more formal)
When must an appeal be made by?
Within 6 months from the decision notice. Can be made after 13 weeks for non determination.
What is a pre-app? Are they useful?
Pre app is an informal submission to consulted within a LA.
Eg: flood and drainage / noise / highways / planning officer
How much is a pre-app?
Central Beds: >50 homes is £2000
What is a planning performance agreement ? How much are they?
Project management tool to streamline process and make council responsible for deadlines.
£100 in CBC - agreement with council to abide within timescales for consultation
How much is a planning application?
£462 per dwelling for a full application under 50 units.
£23k for >50 units + £138 per additional unit.
TCPA amendment is increasing application fees by 35% in January
What is the purpose of the planning system?
Deliver sustainable development
Streamline process
Is transparent and accountable
Community engagement
At the correct level of government
Explain the Town and Country Planning Act 1990.
1944 blitz and blight
1947 foundations of contemporary system. Ie requirement for permission
TCPA 1990 is the overarching law in planning to regulate development.
TCPA 1990 introduced S106 and conditions. It split the planning function into ‘planning’ and ‘development control’.
How is Development defined under the TCPA 1990?
The carrying out of building,engineering,mining or other operations in, on, under, over land.
Or making any material change to building or land.
What is an example of a procedure within the TCPA 1990?
T&CP order (Development Management) which sets out the application process. (From pre-app to appeal)
What is the NPPF?
NPPF 2012, amended 2021
Governments objective to set social, environmental, sustainable planning policy to guide the contents of a local plan.
It set out a local plan system and outlined the presumption in favour of sustainable development
What are the key sections in the NPPF 2021?
Section 2 - sustainable development
Section 3 - plan making
Section 4 - decision making
Section 5 - delivering sufficient supply
Section 13 - protecting the Greenbelt
What were the 2021 revisions to the NPPF?
The 2023 update?
2021:
The ‘need to contribute’ to the UN Sustainable Development Goals
Emphasis on beautiful and sustainable places
2023 update concerned assisting decision makers with the proposals to improve renewable development sites (giving weight)
What are the reform proposals to the NPPF? As stated in the LURB
LURB (now received royal assent)
- National dev manag. Policies to sit alongside a LP. To streamline decisions for general matters.
- shelve the 5HYLS
-housing targets to become ‘advisory’
-greater emphasis on ‘beauty’
What is the Localism act 2011?
Bring decisions from centra to local government.
Councils have greater autonomy (and statutory duty to cooperate)
Rights for Neighbourhood plans
Encouraging community consultation
Abolishing regional strategies
What is a local plan?
The principle planning document. Strategic policies within the core strategy (doc in the Devl Plan)
Sets out LA objectives to achieve sustainable Dev.
Consistent with the NPPF.
What is a local development scheme?
The way in which a LA sets out their core strategy and local development plan. Timings and contents.
What is an allocation?
Allocated sites have been selected as suitable for development: will contribute to delivering the LA’s adopted core strategy.
Often incl. details of site, density, relevant policy extracts, constraints.
What is a Neighbourhood plan? And the associates Act?
Neighbourhood plans give a community power and vision. Must follow regs. The policies take precedent over the non strategic policies in the LP according to the NPPF.
NPA 2017
What is greenbelt?
The greenbelt is a planning designation to help control urban growth.
LA’s may set GB through the TCPA 1947 powers.
There are 5 purposes of the GB.
What are the 5 purposes of the GB?
1.Prevent merging of towns
2.Prevent sprawl
3.Safeguard encroachment into countryside
4.Presence setting/character
5.Assist urban regeneration.
What does the Housing and Planning Act 2016 outline?
> starter homes
secretary of state is given intervening powers
How is the Highways Act 1980 relevant to your role?
S278 - provision to create a new access outside the sites boundary.
S38 - process of adoption for roads on site.
What noise mitigation measures are you aware of?
Designing windows away from noise
Or
Acoustic timber fencing (absorbs noise)
What does the Planning (Listed Buildings and Conservation Areas) Act 1990 outline?
Listed buildings -
Buildings with national architectural and historic interest.
Criminal offence to undertake works without LBC.
Conservation areas- Areas or Architect/historic interest or character which is desirable to enhance/preserve. All trees are protected. Development must be in keeping. Eh SSI (designation protected by Natural England)
What is an EIA
ENVIRONMENTAL IMPACT ASSESSMENT
A systematic detailed process to identify and Eval impacts before and after development.
What is a TPO
Tree PRESERVATION order
LA’s power to protect trees. Under the Local Land Charges Register.
What penalties are there for a TPO offence?
£20k fine (magistrates)
Or unlimited in crown court
What is sequential testing?
Comparison of sites when considering lowest flood risk.
Explain the flood zones
1- 0.1% annual flooding chance
2- 0.1%-1%
3 - a) 1% / b)5% functional floodplain
FZ 1 and 2 require FRA
Upcoming changes to FZ include groundwater flooding (up a zone)
What is the drainage hierarchy?
Infiltrate ground?
Discharge to watercourse(IDB?) with consent for specified discharge rate.
Infiltration basin
Attenuation basin
Balancing pond
What is an FRA and when is it required?
Assesment of Flood risk and mitigation measures.
Req. FZ 2,3 or >1HA in FZ 1
National policy Eval.
Assessment of likelihood
Site history
Existing mitigation?
Reccomendation
What is the Infastructure Levy?
IL as set out in the LURB, focusses on capturing infrastructure contributions through land value uplift as opposed to a standard rate.
IL is charged on the development’s value and applied above a minimum threshold.
Includes consideration of climate change mitigation.
What is CIL?
Community infrastructure levy.
Off site payments to support development.
Charging schedule - set charge upon Net Floor Space (m2 GIA over 100sqm)
Cannot be double charged with S106.
What index does CIL use?
RICS BUILDING INDEX FOR CIL 2020
What is a S106?
Under TCPA 1990
Legally binding agreement between council and applicant.
1:1 negotiation.
Site specific. To mitigate impact of Dev.
What are the tests of a s106?
Necessity
Direct to dev
Reasonable
How do you vary a S106?
Deed of Variation (106A)
What must conditions be?
Reasonable, enforceable, direct to development
How do you discharge a planning condition
Download form, submit information, pay the fee (£34 householder/£116 all other.)
LPA have 8 weeks to discharge.
How long does a LA have to discharge a condition?
8 weeks
Give me some examples of conditions you’ve had.
OPP: CEMP, RM’s, design details, accordance to plan layout.
RM: LMP, materials, noise mitigation.
How is a planning decision made?
Delegated powers (officer) - report. Resolution to grant.
Committee (elected members)
Called in by consultee, or officer contradicts the consultee.
Officer sends a recommendation: refusal or approval.
What are the statutory times to make a decision on an application under the TCPA?
8 weeks
13 weeks major application
16 weeks EIA incl.
How do you define a major application?
10+ dwellings
>1000sqm development
1HA (or 0.5 HA if dwelling numbers are unknown)
What is the planning guarantee?
DECISION NO MORE THAN 1 YEAR INCLUDING THE APPEAL. (Ie Planning decision must be granted in 26 weeks and allow same time for appeal)
What is the enforcement timeframe for a planning breach?
4 years.
Stop notice, rectification etc
What is the enforcement timeframe for a planning condition breach? And what are the consequences.
10 years
Invalidates permission.
Temporary stop notice, closing site, enforcement notice and rectification period.
What must a planning application contain ? Or the National Core List.
Applic. Form
Fee
Plans
DAS
Location
Statement
Certificate of ownership / Agri holdings cert.
Name some validation requirements
Hunts DC:
Architectural drawings (tenure, story height, boundary treatments,DAS)
Landscape drawings (hard/soft)
Highways/Access/Tracking
Ecology (arb method statement)
Lighting
Noise IA
Planning statement
What scale should: HT drawings, location plan, site plan be?
Ht: 1:50-1:100
Site: 1:500-1:200
Location: 1:1250-1:2500
Who are Homes England?
Governments Housing and Regeneration Agency.
Non exec public body. Arms length to gov.
Set funding for affordable housing.
What happens following validation of an application?
Council set up site notice
Notify town councillors, parish, residents
Consultation.
What consultation must take place?
Public/community (over 200 dwellings)
Statutory (required as set out in law, eg environment agency, LLFA, Highways authority)
Non statutory (where planning policy gives reason to engage, eg county archaeology, waste disposal)
What is the statutory time limit to SOS following last RM discharge?
2 years
What does the Planning and Compulsory Purchase Act set out
Speeds up planning process.
What is a material consideration?
A judgement from an officer that must be considered in deciding and application. Eg:
NPPF
Parking
Drainage
Scale
Local policy
What is an SPD?
> detail to a local plan. Eg parking/design
What is an NPPG?
How to interpret or apply the NPPF.
What is an LVIA?
Landscape Visual Impact Assesment
Identifies the effect a Dev has on VIEWS and LANDSCAPING
What’s a planning statement
> policy detail than DAS.
What is a DAS?
Report accompanying application.
Design principles/journey/background and policy.
How do you undergo community consultation?
Opp to articulate concerns and developer to propose solutions.
Eg: letter drop, parish/community hall exhibition.
What pre planning DD should you undertake?
Client objectives
Property / boundaries /registry
Planning policy
Highways/access/PROW
Services/connections
Environment- TPO, water, flooding
What is permitted development?
Where planning permission isn’t required.
Granted via a GDPO (general permitted development rights order)
Can be WITH or WITHOUT prior approval. With PA the LA must only consider the change being made in isolation.
What is a use class?
Land category.
What reforms were made to use classes and when?
TCPA (use class) order 2015 was amended in 2021.
For a more flexible highstreet and less barriers to changing. But lost LA control, and gave similar flexibility to out of town shopping areas.
Name some use classes .. why are use classes important ?
B - industrial and storage
C - hotels care resi (C3 dwelling)
E - business and services
F - community and learning
Sui genesis - no specific class.
PD rights between use classes.
What development control policies do you refer to?
Parking
Mix
Affordable housing
POS/Amenity areas
Story heights, density etc.
What is reg 18 ?
The initial stage of a local plan drafting whereby sites are sent out for public consultation and preferred issues and options are put forward.
What stage was the CBC local plan at?
Adopted. In July 2021.
2015-2035
What was included in the hockliffe allocation?
Noise mitigation strategy
Site specific FRA (FZ 2)
30DPH (2 Acre site gross) (1.3 acre net)
What was the drainage solution at Hockliffe?
1000m3 attenuation basin with additional surface water storage.
Specified run off rate.
Solution allowed for 1:100 year flood + 40% climate change scenario.
What pre app documents did you submit to CBC??
Masterplan
Drainage strategy (1000m3 attenuation basin)
Access strategy (priority junction)
What is an attenuation basin?
Basin that allows safe and contained storage for excess rain and storm water as it allows for its release over time into the sewer system at a controlled rate
At Wintringham, what were the validation requirements?
Architect, access, landscaping, ecology, lighting, noise.
In HDC, what are the Affordable housing requirements?
60% market
40% affordable
(70/30 AR/SO)
What were HDC’s Minimum garden areas requirements
Found in the Design SPD.
25m back to back.
60m2 3B+
50m2 2B+
Why did you submit a non complaint garden area
The site had a stipulated density in the decking code. DC trumps policy. Local precedent had allowed lenience to the policy.
Planning balance
Landscape led scene (trees/>POS than policy)
What is Biodiversity net gain?
As set out in the Environment Act
Additional Creation of habitats in quality and character post development (versus the baseline calculated in the Defra 3.0 metric)
What net gain did you achieve at Flitton? Why did you achieve it if not policy at time of OPP consent.
1.2% net gain. Changing landscape species and enlarging a landscape buffer.
Despite not being policy at OPP, the officer was keen to ensure BNG. Was a planning win, could have argued at Appeal.
Is Huntingdonshire’s LP adopted?
Yes, adopted in 2019 to 2036.
What were the S106 items you reviewed at Thurleigh
(use Flitton knowledge)
£460k education contribution
£13k recreation contribution
RPI ( 50% at 50% occupation)
What planning conditions did you recall at Thurleigh?
To deliver 35% M42 + 5% M43
Approved materials
Approved landscaping
20% EV charging
What is the planning hierarchy?
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 dvelopment 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 an area action plan? (AAP)
Sets out the LA’s vision and strategy for spatial planning and development
What does the LURA changes bring?
NDMP’s suite
IL
10 year enforcement period
LA must have a design code
What does an Article 4 Direction mean?
Restriction of PD rights in an area of Article 4 direction.
What does out of date refer to when referring to a local plan?
Out of date = local plan > 5 years old or if 5YHLS is not being met.
What does the tilted balance refer to
Presumption in favour of sustainable development - application should be granted if the local plan policy is out of date, and the area is not protected (neighbourhood plan protected >3 yr 5YHLS or Greenbelt area)
