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2021 > Planning & Development Management (L3C) > Flashcards

Planning & Development Management (L3C) Flashcards

1
Q

How is development defined in the Town and Country Planning Act 1990, and in what section of this is it found?

A

Development is the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.
- Section 55 of the Town & Country Planning Act 1990

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2
Q

Talk me through the planning process

A
  • Pre-planning
  • Pre-application meeting
  • Submit application on planning portal
  • Validation - place copy on property
  • Statutory Consultee Responses
  • 8-13 week determination (16 if EIA)
  • LPA decision notice
  • Appeal?
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3
Q

What are the purposes of the Green Belt?

A
  1. To limit unrestricted sprawl
  2. To prevent coalescence
  3. To safeguard the countryside
  4. To preserve the character of historic towns
  5. To encourage urban regeneration
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4
Q

What is the key planning legislation?

A
  • Town & Country Planning Act 1990 (first 1947)
  • Localism Act 2011
  • National Planning Policy Framework 2012 (revised 2021)
  • General Permitted Development Order 2015
  • Listed Buildings & Conservation Areas
  • Environmental Impact Assessment Regulation 2017
  • Control of Advertisement 2007
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5
Q

When were s106 agreements introduced?

A

Within the Town & Country Planning Act 1990

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6
Q

When were planning conditions introduced?

A

Within the Town & Country Planning Act 1990

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7
Q

Talk me through the Town & Country Planning Act 1947

A
  • Introduced the requirement of planning permission
  • Introduced Local Authorities & Local Plans
  • Introduced Permitted Development Rights
  • Introduced CPOs
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8
Q

Talk me through the Town & Country Planning Act 1990

A
  • Divided into forward planning and development control
  • Made planning decisions public
  • Introduced s106
  • Introduced planning conditions
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9
Q

What is the Localism Act and what year was it implemented?

A

The Localism Act 2011 devolved powers to councils and neighbourhoods to give local communities the ability to permit suitable planning applications and allocate land.
It introduced Neighbourhood plans, which must:
1. Conform with NPPF
2. Conform with Local Plan
3. Win a neighbourhood referendum

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10
Q

When were Neighbourhood Plans introduced?

A

Within the Localism Act 2011

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11
Q

What is the step-by-step process of Neighbourhood plans?

A
  1. Identification and designation of Neighbourhood area
  2. Initial evidence gathering, consultation and publicity
  3. Submission
  4. Examination
  5. Referendum and adoption
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12
Q

When was the NPPF last revised?

A

July 2021

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13
Q

What were some of the latest revisions to the NPPF?

A

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)
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14
Q

What is the aim of the NPPF (2019)?

A
  • Aims to make the planning system less complex and more accessible, to protect the environment and promote sustainable growth
  • Sets framework within which locally prepared plans for housing development can be produced. Must be taken into account when preparing the development plan and is a material consideration in planning decisions.
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15
Q

What are the chapter headings of the NPPF 2021?

A
  1. Introduction
  2. Achieving sustainable development
  3. Plan-making
  4. Decision-making
  5. Delivering a sufficient supply of homes
  6. Building a strong, competitive economy
  7. Ensuring the vitality of town centres
  8. Promoting healthy and safe communities
  9. Promoting sustainable transport
  10. Supporting high quality communications
  11. Making effective use of land
  12. Achieving well designed places
  13. Protecting Green Belt land
  14. Meeting the challenge of climate change, flooding and coastal change
  15. Conserving and enhancing the natural environment
  16. Conserving and enhancing the historic environment
  17. Facilitating the sustainable use of materials
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16
Q

Name the different types of planning applications

A
  • Detailed/Full
  • Outline
  • Household planning
  • Reserved Matters
  • Listed building
  • Conservation area
  • Advertisement
  • Prior notification
  • Major development
  • Permission in Principle
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17
Q

What is the difference between a major and a minor application?

A

Minor:
Resi - 1-9 dwellings - less than 0.5ha
Other - less than 1,000sqm - less than 1ha

  • Smallscale major:
    Resi - 10-199 dwellings or 0.5 - 4ha
    Other - 1,000-9,999sqm or 1-2 ha
  • Large scale major:
    Resi - 200+ dwellings or more than 4ha
    Other: more than 10,000sqm or more than 2ha.
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18
Q

What are different types of planning amendments?

A
  • Minor material amendment/variation of condition (S73) - TCPA 1990
  • Non-material amendment (S96A) - TCPA 1990
  • Material amendments - require new planning application
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19
Q

What are planning application requirements?

A

National:

  • Plans & drawings
  • Ownership certificates
  • Design & Access statement
  • EIA (if required)

Local: have validation checklist on LPA website, but typically:
• Application form
• Fee
• Ownership certificate
• Location plan / site plan / drawings
• Others – tree survey, Environmental Impact, Design and Access Statement, Transport Statement

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20
Q

What are planning obligations?

A

Came about in the TCPA 1990.

  • Written into s106 to mitigate impacts of development
  • Makes development acceptable that would not be otherwise offsetting impact by making local improvements.
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21
Q

When can planning obligations be sought?

A
  • only if:
    1. Necessary to make development acceptable
    2. Directly related to development
    3. Reasonably related to scale of development
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22
Q

What are planning conditions?

A
  • Came about in TCPA 1990
  • Written into decision notice
  • Should be kept to a minimum, only imposed if:
    a. necessary
    b. relevant
    c. enforceable
    d. precise
    e. reasonable
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23
Q

Name some typical planning costs

A
  • Planning fees
  • Planning consultant costs
  • Environmental Impact Assessments
  • S106
  • CIL
  • S278
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24
Q

What is the difference between CIL and S106?

A

CIL:

  • Tariff spent on wider infrastructure
  • Set calculation against increase of GIA

S106:

  • Spent on infrastructure/services necessary for development
  • Negotiated
  • Can be used to secure affordable housing
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25
Q

What CIL regulation changes came in recently, and when?

A

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
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26
Q

What are the statutory consultee bodies?

A
  • Flooding - Environment Agency
  • Highways - County Council
  • Transport - County Council
  • Noise - Local Council
  • Historical - Historic England
  • Conservation - Natural England
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27
Q

What do you do following a decision notice?

A
  • 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
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28
Q

What is a Judicial Review?

A
  • 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
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29
Q

What are the grounds for bringing JR a claim?

A
  • Illegality
  • Procedural unfairness
  • Irrationality/unreasonableness
  • Material considerations (take all into account)
  • Legitimate expectations
  • Mistake of fact
  • Proportionality
  • Duty to provide reasons
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30
Q

What are the remedies for a JR claim?

A
  • 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
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31
Q

When were the Use Classes last updated?

A

1st September 2020

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32
Q

What if a property changes use class?

A

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

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33
Q

What are Class B use classes?

A

B2 - General industrial

B8 - Storage or distribution

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34
Q

What are Class C use classes?

A 
C1 - Hotels 
C2 - Residential institutions
C2a - Secure Residential Institution 
C3 - Dwellinghouses
C4 - Houses in multiple occupation
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35
Q

What are Class E use classes?

A

Commercial, business and service

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36
Q

What are Class F use classes?

A

Local community and learning

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37
Q

What is the sui generis use class?

A 
Latin meaning 'in a class of its own' 
- Includes theatres, fuel stations, nightclubs, public houses, cinemas etc - extensive list
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38
Q

What classes were revoked from the previous Use Class Order?

A

Classes A, B1 & D

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39
Q

Name some PD rights

A
  • Class A - Extensions
  • Class B - Additions to the roof
  • Class C - Other alterations to the roof
  • Class D - porches
  • Class E - buildings etc (outbuildings)
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40
Q

What is prior approval and when is it required?

A

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.

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41
Q

Name some PD rights to residential

A

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)

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42
Q

Name some restrictions to PD rights

A
  • National parks
  • Areas of outstanding Natural Beauty
  • World Heritage Sites
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43
Q

What are some of the recent changes to PD Rights?

A

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)
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44
Q

What are some enforcement options?

A

LPAs can issue:

  • Enforcement notices
  • Planning Contravention Notices
  • Stop Notices
  • Temporary Stop Notices
  • Breach of Condition Notice
  • Pre-emptive injunction
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45
Q

What are the enforcement action time limits?

A
  • 4 years for operational development
  • 4 years for change of use to single dwelling
  • 10 years for breach of planning control (becomes lawful)
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46
Q

When were Listed Buildings introduced? Who is the list adminstered by?

A
  • In the Planning Act 1990 (Listed Buildings and Conservation Areas)
  • List administered by Historic England
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47
Q

What are the 3 grades of listed buildings?

A
  • Grade 1 - Buildings of exceptional interest
  • Grade 2* - Buildings of particular importance
  • Grade 2 - Buildings of special interest (90% of all listings)
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48
Q

What are the principles of listing buildings?

A
  1. Age
  2. Rarity
  3. Selectivity
  4. National interest
  5. State of repair
  6. Aesthetic merit
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49
Q

How can one alter a listed building?

A
  • Listed building consent
  • De-listed by Secretary of State if it no longer meets statutory requirements
  • Owners oppose listing by applying for Judicial Review
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50
Q

What are the key principles involved in listed building consent?

A
  • 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
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51
Q

What is a conservation area?

A

An area of special historic or architectural interest

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52
Q

What are the planning obligations in conservation areas?

A
  • Need to preserve character or appearance
  • Planning consent needed to demolish buildings
  • New buildings must be in keeping with area
  • All trees are protected
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53
Q

What is a TPO?

A

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
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54
Q

What are the punishments for ignoring a TPO?

A
  • Criminal conviction
  • Up to £20,000 fine
  • For serious offences, an unlimited fine
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55
Q

What is an environmental impact assessment?

A
  • 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
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56
Q

What are the 5 stages of an EIA?

A
  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
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57
Q

What is an ‘Article 4 Direction’?

A
  • 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
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58
Q

Talk me through the rules for advertising boards

A
  • 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
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59
Q

Name some planning designations

A
  • 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
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60
Q

Name some UK protected species

A
  • 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.
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61
Q

What is a Plan-led system?

A
  • Plan-led system - the principle that planning decisions should be made in accordance with an adopted development plan
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62
Q

What is a Local Development Scheme?

A

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

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63
Q

What do Development Plan documents often include?

A
  • Core Strategy
  • Site allocations
  • Area action plans
  • Proposals maps
  • Development management policies
  • Minerals & waste
  • Biodiversity
  • Affordable housing
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64
Q

What are the different stages of a Local Plan?

A
  • 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
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65
Q

You mentioned you resubmitted a Permission in Principle application, how did you do this and how much did it cost?

A

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.

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66
Q

What was the planning application fee for the original Permission in Principle?

A

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.

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67
Q

What was the outcome of the Permission in Principle application?

A

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

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68
Q

What is the cost of appealing a decision?

A

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.

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69
Q

What is the timescale for appealing a decision?

A

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

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70
Q

Why might one submit an outline planning application, rather than detailed?

A

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.

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71
Q

What is a Permission in Principle and what is the process?

A

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.

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72
Q

Who can apply for Permission in principle?

A

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
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73
Q

Permission in principle vs outline application

A 
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.

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74
Q

What are some typical reserved matters?

A
  • Access
  • Appearance
  • Landscaping
  • Layout
  • Scale
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75
Q

When do Reserved Matters need to be submitted by?

A

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

76
Q

What is a typical planning application fee?

A

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)
77
Q

What is the recent legislation in planning?

A

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)
78
Q

What does the NPPF say about the 5 year housing supply? What buffer is there?

A

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.

79
Q

What is a way of reducing CIL liability?

A
  • 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.
80
Q

How is social housing valued?

A

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.

81
Q

What are some government schemes for housing at the moment?

A
  • 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.
82
Q

Under PDR office to resi, what are the restrictions on unit sizes?

A
  • Size limit of 1500sqm per building now imposed (previously no limit).
83
Q

Does PDR apply for external works?

A

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.

84
Q

What is the purpose of the planning system?

A

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.

85
Q

What is a definition of affordable housing?

A

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’

86
Q

When was Trinity School, Hartford granted planning permission?

A

25th January 2021

87
Q

How many conditions were there in the Trinity School, Hartford decision notice?

A

22 conditions

88
Q

What were the planning conditions in your case study?

A
  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
89
Q

When do planning conditions need to be dealt with?

A

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

90
Q

What is an onerous planning condition?

A

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

91
Q

Were there any onerous planning conditions in your case study?

A

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.

92
Q

Give an example of an onerous planning condition

A

Great crested newts on site

93
Q

Why and how are great crested newts protected in England?

A

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.
94
Q

What are the punishments for tampering with great crested newts in the UK?

A

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

95
Q

When is it necessary to check for great crested newts on a development site?

A
  • 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.
96
Q

What is the first stage of a great crested newt survey?

A

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.

97
Q

What happens if great crested newts are identified on a development site?

A

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.

98
Q

Tell me more about Hartford

A
  • 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
99
Q

What types of access did the proposed dwellings have?

A

Adopted highway – checked on the council website

100
Q

How long does it take for a road to be adopted?

A

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

101
Q

What neighbouring uses could cause issues for a development site?

A

Industrial

102
Q

How would you value a property differently if it was in the flood zone?

A
  • 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
103
Q

What is a draft allocation?

A

Allocated in the draft local plan as suitable for development

104
Q

What timescales would you advise a client to dispose of a property given current market conditions?

A
  • Allow 7 weeks for marketing
  • 8 Weeks until exchange
  • Completion 2 weeks thereafter
    • COVID – extra precautions and delays
    • Christmas
105
Q

What would you have to do if you had a conflict on an agency instruction?

A

• Must be stated within the particulars

106
Q

How are planning permissions determined?

A

Planning committee

107
Q

How long are planning permissions valid for?

A

Typically:
• Outline = 2 years once last reserved matter discharged
• Full = 3 years from date of consent

*However, will be stated on decision notice

108
Q

Typical planning conditions associated with a planning permission?

A
  • Provision of access
  • Landscaping scheme
  • Ecology surveys
109
Q

Example of Local Plan policies?

A
  • Housing mix
  • Affordable housing
  • Sustainable transport
  • Open space allocations
110
Q

Planning white paper proposals – 2 elements please – consultation completed in October 2020

A
  • 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!

111
Q

What is a planning appraisal?

A
  • A starting point for many developers to establish the planning potential of a site
  • Provides advice on what policies are relevant
112
Q

What is the new legislation for use classes called, what did it replace and what was the main purpose of the change?

A
  • 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
113
Q

What is a Non – Material Amendment?

A
  • 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
114
Q

What is a Minor Material Amendment?

A
  • 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
115
Q

If your client submitted a planning application for flats and that was not granted, what would you advise your client to do at that stage?

A
  • Review decision notice to see reasons as to why rejected

- Appeal? Or amend layout of scheme and resubmit?

116
Q

How do you submit a s73 minor material amendment and what needs to be included in the submission?

A

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

117
Q

What is a 123 Regulation?

A

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.

118
Q

Tell me about s106 agreements

A
  • 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.
119
Q

How is CIL calculated?

A

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

120
Q

Do you need to own a property in order to submit a planning application?

A

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.

121
Q

Which index is used to calculate CIL?

A

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.

122
Q

What difference does a full vs an outline planning permission make to a purchaser of a site?

A

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.

123
Q

What is the current lawful use class of the Trinity School site?

A

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.

124
Q

Trinity School: Could a developer just build out the 4 x 3 bed units? Does a purchaser have to do anything before they can build out the 4 x 3 bed units in the erroneous description of development in the Decision Notice?

A

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

125
Q

What is the minimum timescale a LPA could determine your minor material amendment application within?

A

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.

126
Q

How long would it take for a non-material amendment to be determined?

A

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

127
Q

What period after an application is determined is a third party able to JR the scheme?

A

Within 6 weeks

128
Q

Can you identify a reason available to apply to overturn a planning permission through judicial review?

A

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

129
Q

What is the difference between a minor material amendment vs a non-material amendment?

A
  • 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.
130
Q

Was Trinity School determined at a planning committee?

A

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

131
Q

What is the determination process where an application is not heard at committee?

A

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

132
Q

What is a ‘call-in’ request?

A
  • 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.
133
Q

Did Trinity School have a S106 attached to it? How can you tell if it did it have a S106 attached to the consented scheme?

A

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).

134
Q

What does Paragraph 64 of the NPPF say about affordable housing on brownfield land?

A

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

135
Q

What 2 ways would you check if your site was liable to flooding?

A

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.)

136
Q

What are the s106 tests?

A

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.

137
Q

What are the different types of ownership certificates for a property?

A
  • 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)
138
Q

What did the NPPF 2019 update introduce?

A
  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.
139
Q

What 2 ways would you check if your site was liable to flooding?

A

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

140
Q

Do you have to own a property to submit a planning application on it?

A

No

141
Q

When was the NPPF revised prior to 2021?

A

ag

142
Q

When were the key NPPF updates and what changes were made?

A

ag

143
Q

What is validation of a planning application?

A

aj

144
Q

List all the documents required for a planning application to be valid.

A

ah

145
Q

List different types of planning applications.

A

ah

146
Q

What elements do LPA’s consider in their determination of office to residential conversion prior approval applications?

A

ah

147
Q

Randalls Lane, Over - you provided a planning appraisal, what did this entail?

A

ah

148
Q

You mention you are aware of the appeals procedure. What would this look like on one of your sites?

A

H

149
Q

How would you advise a client who had had a refusal at appeal? What would be the next steps?

A

h

150
Q

You are aware of the NPPF that was revised. Could you highlight some of the changes that have occurred?

A

h

151
Q

How do you have regard to the NPPF when providing advice to clients?

A

h

152
Q

What does sustainability look like in practical terms on a development?

A

h

153
Q

Looking at Aylsham, you included a 5% new build premium, why did you include this?

A

h

154
Q

Is there anything in particular that would provide a bit more comfort to buyers?

A

h

155
Q

Is there anything in particular that would provide a bit more comfort to buyers?

A

h

156
Q

You assumed a blended rate of 55% OMV for the affordable housing. Why did you use this percentage?

A

h

157
Q

Is there any way that the 55% might be 65% etc – what are the possibilities you could see an increase?

A

h

158
Q

You said the site was viable. How would your advice have changed if your development appraisal was unviable?

A

h

159
Q

The NPPF – can you give us a brief overview?

A

a

160
Q

Mere Side, Soham – do you think you could have achieved more than 10 units? What was your reasoning behind the 10 units?

A

a

161
Q

Randalls Lane, Over – Talk through what you may include in a planning appraisal

A

a

162
Q

You advised your clients to get highways consultant advice. Where would you advise highways guidance if you were to look for yourself?

A

a

163
Q

Great Yeldham – you advised resubmitting the application for 2 units. How did you decide to advise for 2 units?

A

a

164
Q

Can you talk me through what the planning appraisal for Randalls Lane included?

A

a

165
Q

What would your advice be on the basis it was in a Flood Zone 3 area?

A

a

166
Q

What options are there for developers or landowners if a property is in flood zone 3 but they still want to bring a development forward?

A

a

167
Q

You mentioned you are aware of the appeals procedure. What would this look like?

A

a

168
Q

Under the Mere Side, Soham example, you talk about biodiversity enhancements. Can you talk us through biodiversity and what you need to consider when advising on a greenfield site?

A

a

169
Q

Planning how does the planning system regulate land and building development?

A

gk

170
Q

Talk me through the process of gaining planning permission for a small development.

A

f

171
Q

Who is consulted on a planning application?

A

gklj

172
Q

What is in the NPPF? How did this change in 2021?

A

go

173
Q

You mentioned great crested newts. What are the protected species are you aware of? How do you cheque for these? When is it best to check for these?

A

fk

174
Q

What’s a planning statement?

A

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

175
Q

What must a redline plan have when used as part of a planning application?

A

k

176
Q

How did you determine which consultants would be required for the planning application??

A

yf

177
Q

What would you consider when assessing a site development potential? What potential constraints are you aware of? What is the greenbelts? What is the purpose of the green boats? What are listed buildings? What’s a conservation area?

A

ckf

178
Q

What are the flood zones? How would you go about gaining planning permission and constructing a site in a flood zone.

A

fk

179
Q

You mentioned that there was a narrow access onto Randall’s lane. How would you determine weather a road is adequate for development?

A

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

180
Q

What’s a preapplication? What are the benefits of there? What are the limitations of it? What are current time scales for a pre application?

A

ahte

181
Q

What is the benefit of having this rather than outline or full planning?

A

aetwr

182
Q

Do you think the Permission in Principle is useful? When was it introduced?

A

Established in 2018

183
Q

Would you get a Pre-app on all sites?

A

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.

184
Q

How would you decide which type of appeal to use?

A

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.

185
Q

When should a Local Plan be found sound?

A
  • Positively prepared
  • Justified
  • Effective
  • Consistent with National policy
186
Q

What does the NPPF say about pre-apps?

A

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

187
Q

What actually is a judicial review?

A

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.

2021 (22 decks)

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