Planning (Example Focused) Flashcards
What is a Local Development Scheme?
LDS sets out the timetable for the production of new or revised development plan documents
What is a ‘Call for Sites’?
An early opportunity for individuals, landowners and developers to suggest sites within the borough for development over the next 20, this exercise can feed into the production of a New Local Plan.
When does a ‘Call for Sites’ take place?
Local authorities will usually launch a call for sites when they are forming or reviewing their Local Plans. (Evidence Gathering Stage)
What are stages to adopting a local plan?
Regulation 18 - Evidence Gathering and Early-stage Consultation
Regulation 19 - Public Consultation on Proposed Submission Local Plan
Regulation 22 - Submission of Local Plan for Examination
Regulation 24 - Examination by an Inspector
Regulation 25 - Inspectors Report
Regulation 26 - Adoption
How would you submit a Call for Sites?
Depends on the Local Authority. I filled out a form, cover letter and included a red line plan of the site which I sent to the Local Authority within the call for sites timeframe.
What is a Compulsory Purchase Order?
A CPO is a legal process that allows acquiring authorities to require those with interest in property, e.g. owners and occupiers, to sell their interests if they obstruct any development or infrastructure project that benefits the ‘greater public good’.
What is a CPO claim?
An owner of land or rights compulsorily acquired is entitled to compensation and should be no worse or better off in financial terms following the acquisition.
How is the UK planning system ‘Hierarchical in Nature’
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 the National Planning Policy Framework?
The NPPF outlines the Governments overarching planning policies for England and how these should be applied
When was the new NPPF adopted? What are the changes?
NPPF was revised in July 2021.
Key changes include;
- Update to the definition of ‘Sustainable Development’ to include the 17 UN SDGs.
- Article 4 Directions - should only be used where absolutely necessary and cover the smallest possible area.
- Trees - new streets should be treelined and trees should be incorporated into development as much as possible.
- Beautiful Buildings and Design Codes - Beautiful Buildings are synonymous with well designed beautiful places. Design codes (in line with the National Design Guide can be produced as either part of a local plan or as a supplementary planning document and should provide clarity to developers as to what is ‘beautiful’.
- Statues - should not be removed but explained - they constitute an important part of history.
What is a development plan?
Outlines the type and scale of development needed in area and where this building should happen.
What are material considerations?
A material consideration is a matter that should be taken into account in deciding a planning application or on an appeal against a planning decision.
Material considerations can include (but are not limited to):
Overlooking/loss of privacy Loss of light or overshadowing Parking Highway safety Traffic Noise Effect on listed building and conservation area Layout and density of building Design, appearance and materials Government policy Disabled persons' access Proposals in the Development Plan Previous planning decisions (including appeal decisions) Nature conservation
What is sustainable development?
Development that meets the needs of the present without compromising the ability of future generations to meet their own needs
What are the objectives of the NPPF?
Three overarching objectives:
- Economic
- Environmental
- Social
What does the definition of Sustainable Development in the NPPF now include?
The UN 17 Global Goals for Sustainable Development in the period to 2030. These address social progress, economic well-being and environmental protection.
Why do we need a planning system?
Planning ensures that the right development happens in the right place at the right time, benefitting communities and the economy. It plays a critical role in identifying what development is needed and where, what areas need to be protected or enhanced and in assessing whether proposed development is suitable.
Who determines planning applications?
Most minor and uncontroversial planning applications will be decided through delegated decision-taking powers by the local planning authority officers. Larger and more controversial developments are often decided by planning committee, informed by officers’ recommendations.
What is the role of the Secretary of State?
The Secretary of State oversees the planning system as a whole as well as having a more direct role in a small number of decisions through the appeals system, the call-in process and decisions on nationally significant infrastructure projects.
What is the definition of development?
Development is defined in the Town and Country Planning Act 1990 as the carrying out of building, mining or other operations in, on over or under land, or making any material change in the use of any buildings or land.
What are the types of planning application?
Full application - full consent
Outline application - to establish the principle of development.
What is the role of the planning inspector?
Responsible for deciding most planning and enforcement appeals on behalf of the Secretary of State.
What is the London Plan?
London Plan is a strategic plan for the capital. Local Plans in London need to be in line with the London Plan, which will continue to guide decisions on planning applications by London borough councils and the Mayor.
What are Local Plans?
They are the key documents setting out the vision and framework for future development of the area.
At Regulation 24 Stage - (Examination by an Inspector) an inspector is trying to establish whether a plan is sound; what are the 4 elements of soundness that Local Plans are considered against when they are examined?
Local Plans must be:
positively prepared
justified
effective
consistent with national policy
What Legislation is there on Neighbourhood Planning?
Localism Act 2011 and the Neighbourhood Planning (General) Regulations 2012.
What is Neighbourhood Planning?
Neighbourhood Planning give communities direct power to develop a shared vision for their neighbourhood and shape the development and growth of their local area.
Why CIL?
CIL is charged so that development can contribute towards the mitigation of its impact on local infrastructure
What tests must planning obligations meet:
- necessary to make the development acceptable in planning terms
- directly related to the development
- fairly and reasonably related in scale and kind to the development
What happens once a planning application is submitted?
- publicise the proposal (using methods such as site notices and notifying neighbours and parish councils) so that people have a chance to express their views.
- formal consultation period (normally lasts for 21 days.) Anyone may comment on a planning application during this period
- A local planning authority usually has up to 8 weeks to make a decision on minor applications and up to 13 weeks for major development
- Generally, once planning permission is granted, development must be started within 3 years. If work has not started by then, the applicant will probably need to reapply.
What are planning applications determined against?
The planning system is plan-led and any planning application must be determined in line with the development plan (Local and neighbourhood plans and, where relevant, the London Plan) unless other material considerations indicate otherwise.
What is a covenant?
A covenant will be found in the title documentation on a piece of land, restricting its future use. Covenants cannot be disregarded or removed unless this is done by agreement, discharged by the Lands Tribunal.
When does an applicant have the right to appeal?
If the Local authority:
- refuses to give planning permission
- grants it subject to conditions
- fails to deal with an application within statutory time limits
What other types of planning application are there?
- approval of reserved matters;
- discharge of conditions;
- amending proposals that have planning permission;
- amending planning obligations;
- lawful development certificates;
- prior approval for some permitted development rights;
What is a conservation area?
‘areas of special architectural or historic interest, the character or appearance of which are desirable to preserve or enhance’
Can you demolish a building in a conservation area?
Only with planning consent
What is a listed building?
One of historic or architectural importance or under threat
What are the three grades of listed building?
Grade 1 - buildings of exceptional interest
Grade 2* - buildings of particular importance
Grad 2 - 90%+ of all listed buildings - buildings of special importance
What are the 6 principles of listing a building?
Age Rarity Selectivity National Interest State of Repair Aesthetic Merit
Do pubs have any permitted development rights?
Class G - The provision of one moveable structure within the curtilage, of a pub.
What are Permitted Development Rights?
As outlined in the General Permitted Development Order, which allows certain building works and changes of use to be carried out without having to make a planning application
Permitted Development Rights between B2 and B1?
Schedule 2 Part 3 Class I Under the GDPO 2015
What is the purpose of the Planning System?
The purpose of the planning system is to identify and manage what development is needed to benefit communities, the environment and the economy in a sustainable way.
What Use Class would B2 now be? Are there any PD rights?
B2 remains B2 under the new use classes order - can convert to B8 use under Schedule 2 Part 3 Class I
Can you tell m about any new rights under the GPDO 2021?
Class MA - Use Class E to Use Class C3 - Max floorspace of 1,500sqm and must have been vacant for 3 months prior to application - must have been in Class E use for at least 2 years. Fee of £100 per unit.
Class M - retail/ sui generis to Class C3 - Must have been in use as a retail unit prior to March 2013. Can only convert up to 150sqm.
Any changes to the planning system?
The Planning White Paper - Planning for our Future in 2020 proposed a radical reform of the planning system, including zoning and releasing land from the Green Belt. The subsequent shock defeat of the conservatives in the Chesham and Amersham local election is thought to have given the conservatives cold feet on the dramatic reforms. The Levelling up White Paper provides minimal detail on planning reform, but states that local plans will be made simpler and shorter, and that the Government is developing models for a new infrastructure levy.
How can you determine whether a planning permission has been implemented?`
TCPA 1990 - Implementation is defined as the carrying out of a material operation on the site i.e.:
any work of construction in the course of the erection of a building;
- demolition of a building
- the digging of a trench which is to contain the foundations of a building;
- the laying of any underground main or pipe
- any operation in constructing a road or part of a road;
- any change in the use of any land which constitutes material development.
How much was the fee for East Ham condition
£141 inc planning portal fee.
What other prior to occupation conditions were there in your east ham example?
- Landscaping details
- Equitable Access
- cycle parking
What are some examples of pre-commencement conditions
- No development shall begin on site until a CLP (construction logistics plan) has been approved
- No development shall begin until a surface water drainage scheme has been approved
- No development shall begin until a phase 1 contamination report has been submitted
What local policies in your Croydon example did the development comply with
Local Plan policy 3.16 - protects loss of pubs - needed confirm that the council agreed with our view that the site was in use as restaurant
Tall Buildings policy - tall buildings should be directed to the opportunity areas
DM36 - development on lansdowne walk should create a sense of place and improve the openness of the edge of town centre location
How did the development in Croydon comply with the NPPF
Para 40 - pre app advice
Para 105 - sustainable location limiting the need to travel and offering sustainable transport modes
para 120 - development on brownfield underutilised land
What were the local policies in Camden for northways parade
Site was located within the CAZ - resist resi dev in this location
E2 Employment sites - encourages the delivery of employment uses / protects the loss of industrial land which is viable.
What were the
