Planning Knowledge Flashcards
What is covered in the new Planning & Infrastructure bill?
- Legislation to speed up housing and infrastructure delivery
- E.g spatial development strategies, committee reform
What are the recent (2024) changes to the NPPF?
- Importance placed on social housing provision as affordable housing tenure
- Grey belt definition & concept (previously developed land within green belt or land which does not serve purpose of green belt (urban sprawl)). This should be considered first.
- Golden rules if building on green belt – major development needs to prioritise affordability, improve infrastructure, and provide or improve accessible green spaces. 15% above local level up to 50% minimum.
Listed Buildings
Covered under Listed Buildings and Conservation Act (1990)
- Considered to be of natural architectural, historic interest or under threat
- Grade 1, 2 and 2* graded on principles such as:
1. Age
2. Rarity
4. National Interest
6. Aesthetic merit
Criminal offence if carry out works without LBC.
What is the Localism Act (2011)?
What is key initiative?
Parliamentary act that facilitates devolution of decision-making powers from central government control to individuals and communities.
Gives more autonomy at local level (transfer of powers), giving councils greater control over finances
What is the NPPF?
Key Policies in the NPPF?
Document that sets out government’s planning policies for England and how these are expected to be applied
- The NPPF emphasizes the importance of up-to-date local plans that reflect local community and sustainable growth.
- The NPPF sets out policies to protect the natural environment, including areas of outstanding natural beauty (AONB) and sites of special scientific interest (SSSI).
What is presumption in favour of sustainable development?
When considering individual planning applications, the presumption in favour of sustainable development encourages authorities to approve proposals unless the adverse impacts significantly outweigh the benefits
What is the Town and Country Planning Act (TCPA) (1990)
Act that regulates the development of land in England and Wales
Key principles: planning permission, s106 agreements
What documents does a planning application include?
Appropriate fee (set by LPA)
Ownership certificate
Location Plan (1:1250 / 1:2500), Site Plan (1:500), Drawings (1:50)
And … DAS, Travel, FRA, regeneration assessment tree survey etc.
What is a Design and Access Statement
Describes how scheme has been arrived at, and how suitable for site/area with regard to LPA policy. Required for Equality 2010 Act
What is an Scoping study, EIA, and ES?
Scoping study = sets parameters of site to assist LPA if EIA required
EIA = Detailed assessment of proposed development and likely impact on environment. Highlights any adverse envi. issues (flooding)
ES = final report document that is produced when an EIA is needed.
What are key pre-planning application considerations?
-
Client
o Check competence, Independence and TOE
o Understand client objectives -
Property
o Postal address
o Check the client owns all the land
o Walk boundaries and site
o Tenancy? Leasehold/Freehold? H&S issues? -
Planning Issues
o Check LPA policy for proposed development and pre-app consultation
o EIA required?
o Is property listed or within conservation area? -
Proposed Development
o Check overlooking/noise issues – neighbours -
Highways
o Rights of access? Public rights over land? -
Services
o Check availability and proximity – any shared? -
Ecology
o TPO, contamination?
How are planning applications validated?
National core list for all applications & local LPA list. Planning applications can be submitted via the planning portal or by paper.
Pre apps?
LPA under no obligation to speak to an applicant in advance of a decision being made & can charge.
What is the turnaround for minor and major applications
8 weeks since date of validation for minor
13 weeks for major applications (16 if includes EIA)
How are planning permissions decided?
Straightforward applications are dealt with by with LPA delegated powers, otherwise a report to committee produced for public inspection 3 days before committee sits
What are features of planning conditions?
Reasonable, relevant to development and enforceable
What are s106 agreements?
- Introduced in TCPA 1990. Site-specific legally binding planning obligations enforceable by the LPA.
- Must be entered into prior to planning consent. Must be reasonable, directly related to the development and in scale.
- Negotiations on a one-to-one basis. E,g new school or community facility
What is CIL?
- Used by LPA for off-site payments form developers to raise funds for infrastructure to support local development
- LPAs charge as per charging schedule, with tariff depending on increase to net floor space
- Proceeds of the levy spent on local infrastructure
Appeals
Appeal against a decision/onerous condition can be lodged within 6 months of grant of planning consent:
- Written statement (most common form)
- Informal hearing
- Planning inquiry (larger more complex cases)
- ‘Called in’ for determination by secretary of state
Lawful development certificate
- Document issued by LPA that confirms whether an existing or proposed development/ use of land is lawful under planning law (can I proceed without?). Apply to CLEUD.
- If 10 use / development for 10 years or more, is deemed lawful.
Compulsory Purchase Act (2004), formerly 1956
- Modernises the 1956 Act to improve clarity
- Defines that CPO should only take place if deemed beneficial for public (e.g new infrastructure or regeneration)
- Establishes basis of compensation for landowners
TCP (Use classes) - 2020
- B = industrial
- C = Residential
- E = commercial/business/service
- F = local community/learning
PDR (permitted development rights)
- Class MA (E to C3) – commercial to dwelling
- For some types of development, planning permission not required (however, prior approval needed)
- Cannot alter the external façade KEY
Tree Protection Order
- Areas of special architectural / historic interest
- Powers to protect trees – spot listed for protection
- Offence to cut down or damage tree with TPO
