Planning & Development Management (L3C) Flashcards

Question

What CIL regulation changes came in recently, and when?

Answer 1

1st September 2019 - the following regulation changes: - Removal of pooling (can now double charge with s106) - Infrastructure funding statements to show where CIL funds are being spent - LPAs can now charge monitoring fee - Introduction of CIL Index (RICS) - Small fee for failing to submit commencement notice

Answer 2

- Flooding - Environment Agency - Highways - County Council - Transport - County Council - Noise - Local Council - Historical - Historic England - Conservation - Natural England

Answer 3

- Deal with Reserved Matters (RM application) - Discharge conditions or. .. Appeal: - Within 6 months (12 weeks for householders) - Can be called in for determination by the Secretary of State

Answer 4

- A review of the lawfulness of the way a decision was made by a public body - Anyone with a sufficient interest in the matter can claim - 6 week time limit to call JR

Answer 5

- Illegality - Procedural unfairness - Irrationality/unreasonableness - Material considerations (take all into account) - Legitimate expectations - Mistake of fact - Proportionality - Duty to provide reasons

Answer 6

- Mandatory order - requires defendant to do something - Prohibiting order - prevents defendant from doing something - Quashing order - renders ineffective something defendant has done - Injunction or stay - Declaration - Damages

Answer 7

1st September 2020

Answer 8

Generally the Use Classes in effect when the application was submitted will be used to determine it.

Answer 9

B2 - General industrial | B8 - Storage or distribution

Answer 10

``` C1 - Hotels C2 - Residential institutions C2a - Secure Residential Institution C3 - Dwellinghouses C4 - Houses in multiple occupation ```

Answer 11

Commercial, business and service

Answer 12

Local community and learning

Answer 13

``` Latin meaning 'in a class of its own' - Includes theatres, fuel stations, nightclubs, public houses, cinemas etc - extensive list ```

Answer 14

Classes A, B1 & D

Answer 15

- Class A - Extensions - Class B - Additions to the roof - Class C - Other alterations to the roof - Class D - porches - Class E - buildings etc (outbuildings)

Answer 16

A condition on certain classes of permitted development is the need to submit an application to the LPA for its prior approval, or to determine if its prior approval will be required. This allows the LPA to consider the proposals, their likely impacts in regard to certain factors (eg transport and highways) and how these may be mitigated.

Answer 17

Class MA - commercial (E) to residential (C3) (has to be under 1500sqm) Class Q - agricultural (R) to residential (C3) (under 450sqm, max 5 units, agricultural use 25th March 2013, not under agricultural tenancy)

Answer 18

- National parks - Areas of outstanding Natural Beauty - World Heritage Sites

Answer 19

2021 Changes to PD Rights: - Class O (office to resi) to be phased out with applications required on or before 31 July 2021 - Class E to C3 prior approval (Class MA) available from 1 August 2021 - Reintroduces PD rights for the conversion of light industrial premises (previously Class PA which expired 1 October 2020)

Answer 20

LPAs can issue: - Enforcement notices - Planning Contravention Notices - Stop Notices - Temporary Stop Notices - Breach of Condition Notice - Pre-emptive injunction

Answer 21

- 4 years for operational development - 4 years for change of use to single dwelling - 10 years for breach of planning control (becomes lawful)

Answer 22

- In the Planning Act 1990 (Listed Buildings and Conservation Areas) - List administered by Historic England

Answer 23

- Grade 1 - Buildings of exceptional interest - Grade 2* - Buildings of particular importance - Grade 2 - Buildings of special interest (90% of all listings)

Answer 24

1. Age 2. Rarity 3. Selectivity 4. National interest 5. State of repair 6. Aesthetic merit

Answer 25

- Listed building consent - De-listed by Secretary of State if it no longer meets statutory requirements - Owners oppose listing by applying for Judicial Review

Answer 26

- Required for works of all demolition, alteration or extension to a listed building - Listed buildings require detailed planning consent - It is a criminal offence to carry out work which needs listed building consent without obtaining it beforehand

Answer 27

An area of special historic or architectural interest

Answer 28

- Need to preserve character or appearance - Planning consent needed to demolish buildings - New buildings must be in keeping with area - All trees are protected

Answer 29

Tree Preservation Order: - LPAs can list trees for protection - An offence to cut down, damage, lop or destroy a protected tree without consent - Recorded in the Local Land Charges Register

Answer 30

- Criminal conviction - Up to £20,000 fine - For serious offences, an unlimited fine

Answer 31

- Town and Country Planning (Environmental Impact Assessments) Regulations 2017 - Assesses the environmental effects of a proposed development - prior to consent - Tests for flooding, ecology, pollution etc

Answer 32

1. Screening - what are the likely effects? 2. Scoping - ask LPA what information must be included 3. Preparing environmental statement 4. Making planning application and consultation 5. Decision making

Answer 33

- A registered land charge that removes PD rights over an area - Issued by LPA - Controls development when the character of an area is threatened, such as conservation areas - Compensation may be paid to the landowner

Answer 34

- Town & Country Planning (control of advertisement) Regulations 2007 Planning required for: - Boards over 2sqm (flat boards) and 2.3sqm - Projection over 1m - 4.6m above ground - Illumination - Listed buildings / conservation areas * Must be removed 14 days after completion * Only allowed one board per building

Answer 35

- Area of Outstanding Natural Beauty (AONB) - Site of Special Scientific Interest (SSSI) - Special Protection Areas (SPA) - Ramsar sites (wetlands of international importance) - SSSI Impact Risk Zones

Answer 36

- Badgers (optimal Nov-Apr) - Birds (optimal Oct-Jun) - Reptiles (optimal Apr/May/Sep) - Great Crested Newts (March - October) Protected in UK by Wildlife and Countryside Act 1981.

Answer 37

- Plan-led system - the principle that planning decisions should be made in accordance with an adopted development plan

Answer 38

The programme that an LPA must set out when preparing the Development Plan.

Answer 39

- Core Strategy - Site allocations - Area action plans - Proposals maps - Development management policies - Minerals & waste - Biodiversity - Affordable housing

Answer 40

- Regulation 18 - Public consultation (for typically 6-12 weeks best practice) - Regulation 19 - Publication of Submission Local Plan - Regulation 22 - submitted to Secretary of State - Regulation 24 - Examination - Approved/adopted

Answer 41

I resubmitted it on the Planning Portal. I scrolled to the 'My Applications' section and copied it to start a new application, attaching the modified plans. I confirmed with Braintree District Council that resubmitting the application with modified plans would be free of charge within 12 months of the decision of the first application.

Answer 42

I didn't submit this myself, but I understand this is calculated based on £402 for each 1ha. Therefore, it would have been calculated accordingly.

Answer 43

We recently learned the application was refused. As a result we have now submitted an appeal.

Answer 44

There is no cost to appeal a decision. The appeal is submitted to the planning inspectorate online still, rather than via post, due to COVID-19.

Answer 45

A decision must be appealed within 6 months of the date on the decision notice.

Answer 46

Often used to test principle of development, where there is some uncertainty in the requirements or likelihood of approval, without going to the cost and expense of a full planning application. Might be used by promoter - cheaper and leaves element of flexibility for developer who buys the site. *Reserved matters have to be submitted after grant of outline planning permission.

Answer 47

Housing & Planning Act 2016 introduced PiP - came into effect June 2018. An alternative way of obtaining planning permission for housing-led development which separates the consideration of matters of principle for proposed development from the technical detail of the development. 2 stages: 1. PiP stage - establishes whether a site is suitable in-principle 2. 'Technical details consent' (£195) - when the detailed development proposals are assessed - essentially same as full consent - validation checklist. Applications for technical details consent must be determined within the duration of the permission granted (default duration is 3 years)... if through allocation on a brownfield register, default duration is 5 years.

Answer 48

Applicable to the following: - 1-9 dwellings - total development of under 1,000sqm - A site of under 1 hectare - Some non-resi use may be included, but housing must occupy the majority of floorspace and the non-resi use must be compatible with the housing eg retail, office space, community use

Answer 49

``` Outline is similar to permission in principle, but it is not limited to small housing developments. Outline = stage 1 - outline planning consent (establishes whether proposal will be accepted in principle) stage 2 (RM) - detailed design is submitted for approval ``` PiP = more simple and cost effective - less information required.

Answer 50

- Access - Appearance - Landscaping - Layout - Scale

Answer 51

Normally need to be submitted within 3 years of approval of outline application, but time will be specified on decision notice.

Answer 52

Outline application: - under 2.5ha = £462 for each 0.1ha - more than 2.5ha = £11,432 plus £138 for each additional 0.1ha in excess of 2.5ha (max fee £150k) Full application for new dwellinghouses: - Not more than 50 houses: £462 per house - More than 50 houses: £22,859 + £138 for each additional house in excess of 50 (max fee £300k)

Answer 53

The 2021 revision of the NPPF: - Definition of sustainable development (key principle underpinning planning system, has been expanded to include the 17 Goals for Sustainable Development from the UN. - Para 8 - 'social sustainability' introduced beauty as requirement ('beautiful and safe places') - Para 8 - 'environmental sustainability' - to 'protect and enhance' and 'improve biodiversity' - Presumption in favour of sustainable development retained, but for plan-making (para 11a) - updated with more green focus and to include twin requirements for development to improve environment and mitigate climate change - Para 22 - expands need to look further ahead than plan period (at least 30 years) to take into account timescale for delivery - Improvements to biodiversity should be integrated into design (para 180)

Answer 54

Local planning authorities should identify and update annually a supply of specific deliverable sites sufficient to provide a minimum of five years’ worth of housing against their housing requirement set out in adopted strategic policies, or against their local housing need where the strategic policies are more than five years old. The supply of specific deliverable sites should include a buffer of: a) 5% to ensure choice and competition in the market for land; or b) 10% where the local planning authority wishes to demonstrate a five year supply of deliverable sites through an annual position statement or recently adopted plan, to account for any fluctuations in the market during that year; or c) 20% where there has been significant under delivery of housing over the previous three years, to improve the prospect of achieving the planned supply.

Answer 55

* Self-build dwellings and residential annexes and extensions. * Affordable housing. * Development by registered charities for the delivery of charitable purposes and buildings owned by charities used for a charitable purpose. * Developments that include the re-use or demolition of buildings currently in lawful use and vacant buildings brought back into the same use where there is no increase in floor space.

Answer 56

The valuation of affordable housing land can be very complex and relates to specialised markets. It requires a high level of expertise. Refer to RICS Guidance Note Valuation of Land for Affordable Housing 2016.

Answer 57

- Help to Buy - first homes discount of at least 30% - The Mortgage Guarantee Scheme - launched April 2021: helps increase supply of mortgages for borrowers with just a 5% deposit - Shared Ownership: part rent part buy scheme - can buy a share between 10% - 75% of a new build home and then pay rent on the rest.

Answer 58

- Size limit of 1500sqm per building now imposed (previously no limit).

Answer 59

Yes, but there are strict design criteria that need to be adhered to. If a project falls outside of the set criteria, then it is likely you will need to submit a planning application.

Answer 60

Planning control is the process of managing the development of land and buildings. The purposes of this process are to save what is best of our heritage and to improve the infrastructure upon which we depend for a civilised existence.

Answer 61

The definition of 'affordable housing' set out in Annex 2 of the National Planning Policy Framework states that affordable housing includes discounted market sales housing, which is housing 'sold at a discount of at least 20% below local market value'

Answer 62

25th January 2021

Answer 63

22 conditions

Answer 64

1. For the development to commence within 3 years expiry date of permission 2. For it to be carried out with the approved plans 3. No demolition/development to take place until an archaeological written scheme of investigation has been undertaken 4. No development until hard and soft landscaping and details of landscape works and maintenance have been approved in writing by the council

Answer 65

All planning conditions need to be discharged before starting work onsite/spade in ground.

Answer 66

A condition that is potentially detrimental to the development of a site.

Answer 67

The only condition that was slightly onerous was the condition relating to archaeology, as the site was located in a conservation area, and you never really know what archaeological remains one will find.

Answer 68

Great crested newts on site

Answer 69

Due to the decline of species, they are protected under legislation meaning it is illegal to: - Capture, kill, disturb or injure a great crested newt (either deliberately or by not taking enough care). - Damage or destroy their resting or breeding place. - Obstruct access to their resting or sheltering places. - Possess, sell, control or transport live or dead newts, or parts of them. - Take great crested newt eggs.

Answer 70

A prison sentence of up to 6 months and a £5,000 fine for each offence.

Answer 71

- If there are historical records of newts within the land, or close to the land proposed for development. - If there is a waterbody within 500m of the application site boundary.

Answer 72

Stage 1 of survey: determine the habitat suitability index score to help assess how likely it is that great crested newts will use the site. If score finds that newts may be present, more detailed surveys will be required. It is only generally possible to undertake newt surveys in waterbodies between mid-March and early June and between four and six visits will be required during that time.

Answer 73

Feb 2020: Natural England rolled out district level licensing scheme rather than at a site-by-site scale and uses conservation payments from developers to create new habitats in locations that will benefit the species. These must be created at a ratio of four to one. New habitat is delivered by conservation bodies, like the Wildlife Trusts, and maintained and monitored for 25 years – all funded by the initial payment.

Answer 74

- Village in Cambridgeshire, situated within Huntingdonshire District Council - 1.4 miles north east of market town of Huntingdon - 20 miles north west of Cambridge - Huntingdon Train Station - services to London Kings Cross in around an hour

Answer 75

Adopted highway – checked on the council website

Answer 76

Get to adoptable standard and then signed off, then 12-24 months before formally adopted

Answer 77

Industrial

Answer 78

* Depend on flood zone – seek specialist advice * May mean that the property is not suitable for residential development * Different flood zones – look at the flood map for planning on the Government website * Zones 1, 2 and 3 - zone 1 = least likely to flood

Answer 79

Allocated in the draft local plan as suitable for development

Answer 80

- Allow 7 weeks for marketing - 8 Weeks until exchange - Completion 2 weeks thereafter • COVID – extra precautions and delays • Christmas

Answer 81

• Must be stated within the particulars

Answer 82

Planning committee

Answer 83

Typically: • Outline = 2 years once last reserved matter discharged • Full = 3 years from date of consent *However, will be stated on decision notice

Answer 84

* Provision of access * Landscaping scheme * Ecology surveys

Answer 85

* Housing mix * Affordable housing * Sustainable transport * Open space allocations

Answer 86

* Streamline planning system with greater public engagement and digitalisation * Cutting the time taken for local plan adoption by a third * Fast track process for some applications for ‘growth areas’ and ‘beautiful schemes’ * Improve the system of developer contributions with a new infrastructure levy for infrastructure and affordable housing *However, recent plans for it to be scrapped!

Answer 87

* A starting point for many developers to establish the planning potential of a site * Provides advice on what policies are relevant

Answer 88

* The Town and Country Planning (Use Classes) Amendment (England) Regulations 2020, replaces Town and Country Planning (Use Classes) Order 1987 * Aims to create more flexibility, principally to aid diversification of the high street to reflect the changing way people work and shop. * Revoked use classes are A1-A5, B1a, B1b, B1c, D1 and D2 * New use class E (Commercial, business and services), F and Sui Generis

Answer 89

* There is no statutory definition of ‘non-material’. * This is because it will be dependent on the context of the overall scheme – an amendment that is non-material in one context may be material in another. * The local planning authority must be satisfied that the amendment sought is non-material in order to grant an application under section 96A of the Town and Country Planning Act 1990. * CANNOT BE USED FOR LISTED BUILDINGS * Time period for determination = 28 days

Answer 90

* There is no statutory definition of a ‘minor material amendment’ but it is likely to include any amendment where its scale and/or nature results in a development which is not substantially different from the one which has been approved. * An application can be made under section 73 of the Town and Country Planning Act 1990 to vary or remove conditions associated with a planning permission. * One of the uses of a section 73 application is to seek a minor material amendment, where there is a relevant condition that can be varied. * Permission granted under section 73 takes effect as a new, independent permission to carry out the same development as previously permitted subject to new or amended conditions. * The new permission sits alongside the original permission, which remains intact and unamended. It is open to the applicant to decide whether to implement the new permission or the one originally granted. * Time period for determination = as per the new application

Answer 91

- Review decision notice to see reasons as to why rejected | - Appeal? Or amend layout of scheme and resubmit?

Answer 92

All minor material amendment requests need to be submitted in writing using an existing section 73 procedure ("Application for removal or variation of a condition following grant of planning permission"), which is available on the Planning Portal. The request should include a schedule which lists all of the amendments proposed and the reasons why they are being requested. Flat rate fee of £234

Answer 93

CIL 123 Regulation requires that the Council publish a list of infrastructure projects, which are taken from the Infrastructure Delivery Plan, that CIL funding may be spent on.

Answer 94

- Introduced under Town and Country Planning Act 1990 - Planning obligations which are set out in a legally binding agreement enforceable by the LPA - Agreement has to be entered into before planning consent is granted - They relate to various forms of community gain and can be iether specific works or the payment of a financial contribution to the LPA - Negotiated on a one-on-one basis taking each development on its merits with no fixed charging schedules. - Examples include contributing to cost of a school, community facility, open space, as well as affordable housing.

Answer 95

Net additional new build floor space x CIL rate x RICS CIL index

Answer 96

You don't actually need to own land to apply for planning permission for it. This means you can apply for permission before deciding whether or not to buy a piece of land.

Answer 97

The RICS Community Infrastructure Levy index is required by the Community Infrastructure Levy (Amendment) (England) (No.2) Regulations 2019. The annual index, developed with the Ministry of Housing, Communities and Local Government (MHCLG), is intended to be used for updating the CIL charging schedules published by local authorities.

Answer 98

Outline permission doesn’t include any specifics on design, but provides planning permission for the principle of the development. You would then have to submit reserved matters. Whereas, with a full planning permission you have to submit all the details. Therefore, outline offers element of flexibility for purchaser for them to put their stamp on a scheme, whereas full planning permission is more rigid.

Answer 99

The site was classed under use class D1 when the planning application was submitted. However, Class D was revoked in September 2020 and it would now be under F1(a) for the provision of education. However, generally the Use Classes in effect when the application was submitted will be used to determine it.

Answer 100

No – they would still have to submit a minor material amendment (s73)

Answer 101

Minor Material Amendment (more significant) = A decision should be made in eight weeks (or 13 weeks for major applications) and has the effect of creating a new planning permission alongside the original permission.

Answer 102

Non-material amendments (where amendments are not significant) = should be within 28 days, unless different time frame agreed

Answer 103

Within 6 weeks

Answer 104

If you appeal to overturn the rejection of a planning application, you can only judicially challenge the decision on such grounds as error of law or misinterpretation of policy

Answer 105

- Non-material amendments (where amendments are not significant) – examples: a. The siting, landscape, scale and height is not significantly changed b. The use is not changed. c. The appearance is not adversely affected. d. The change is compliant with local planning policy and with the conditions attached to the original permission. - Minor Material Amendment (more significant) a. Significantly increasing its size. b. Changes that alter the description of development. c. Changes to the application site area.

Answer 106

Yes, it was determined at committee in June 2019, where it was recommended approve subject to traffic conditions and archaeology.

Answer 107

Delegated powers - enable planning officers to determine applications themselves without needing a decision from the planning committee

Answer 108

- The Secretary of State has the power to take the decision-making power on a planning application out of the hands of the local planning authority (LPA) by calling it in for his own determination. This can be done at any time during the planning application process, up to the point at which the LPA makes the decision. - Anyone can ask for a planning application to be called-in. Applicants should give clear reasons why they think that the application should be called-in, including why it is of more than local importance.

Answer 109

No – it would be on the Decision Notice. NPPF paragraph 64 states provision of affordable housing should not be sought for residential developments that are not major developments (under 10 units), other than in designated rural areas (where policy may set a lower threshold of 5 units or fewer) (includes s106 agreements in general).

Answer 110

To support the re-use of brownfield land, where vacant buildings are being reused or redeveloped, any affordable housing contribution due should be reduced by a proportionate amount

Answer 111

EA website and whilst on site observe if there are any rivers/streams or signs of previous flooding/on a map look for rivers or water features that might cause flooding (rivers etc.)

Answer 112

Planning obligations must only be sought where they meet all of the following Tests - Set out in Regulation 122(2) of the Community Infrastructure Levy Regulations 2010. • necessary to make the development acceptable in planning terms; • directly related to the development; and • fairly and reasonably related in scale and kind to the development.

Answer 113

* Certificate A – Sole Ownership (7 YEARS) and no agricultural tenants * Certificate B – Shared Ownership (All other owners/agricultural tenants known) * Certificate C – Shared Ownership (Some other owners/agricultural tenants known) * Certificate D – Shared Ownership (None of the other owners/agricultural tenants known)

Answer 114

1. Introduces Housing Delivery Test • 3 previous financial years • HDT compares the net no. of homes delivered over 3 years to the no. of homes that should have been built over the same period. • It gives LPAs time to increasing their housing need, through the changes in the 2018, 2019 and 2020 Presumption in favour of Sustainable Development (POSD) figures (as per Paragraph 214 of the NPPF). o 2018 – Below 25% of Housing Requirement over the previous 3 years results in POSD. o 2019 – Below 45% of Housing Requirement over the previous 3 years results in POSD. o 2020 – Below 75% of Housing Requirement over the 3 previous years results in POSD. • The percentages calculated through the HDT show which LPAs fall short of their housing requirement and need to provide a 20% buffer and/or action plan. • In the most recent 2018 test, 95% of the requirement constitutes a ‘pass’ for a LPA.

Answer 115

Flood maps on EA website and whilst on site observe if there are any rivers/streams or signs of previous flooding/on a map look for rivers or water features that might cause flooding

Answer 116

Identifies the context and need for a proposed development and includes an assessment of how the proposed development accords with relevant national, regional and local planning policies

Answer 117

Cambridgeshire Design guide, but if more unsure, would confirm with Highways consultant

Answer 118

Established in 2018

Answer 119

Taking 6-9 months in many places to come back at the moment, so if small site, which wouldn't be that contentious, would probably just recommend them putting an application in.

Answer 120

If willing to spend more money, better off doing a different way. If a site is small, you would probably do written reps as going to inquiry would be disproportionate cost for a small site.

Answer 121

- Positively prepared - Justified - Effective - Consistent with National policy

Answer 122

Good quality preapplication discussion enables better coordination between public and private resources and improved outcomes for the community.

Answer 123

Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.