*Planning Legislation Flashcards
What is the Town and Country Planning Act 1947?
- Established that planning permission was required for land development , ownership alone no longer meant you had the right to develop.
- Introduced local authorities and local plans
What is the Town and County Planning Act 1990?
The Town and Country Planning Act 1990 superseded the 1947 Act.
It divided planning into forward planning and development control, i.e. setting out the future strategy of the local authority, and controlling the current development.
Made planning public
Introduced S106 and planning conditions.
What is the Housing and Planning Act 2016?
Increase in construction of starter homes
Provides Secretary of State with more powers to intervene in neighbourhood planning functions of LPAs
What is the Localism Act, 2011?
Gives more autonomy at a local level.
What is the Planning White Paper?
August 2020.
Titled: Planning for Future (also Build, build, build)
Purpose: To streamline and modernise planning system, with greater public engagement and digitalisation
Key points:
- Cutting local plan adoption by 1/3
- Fast track process for growth areas and beautiful schemes
- New infrastructure levy combing S106 and CIL
What is the National Planning Policy Framework (NPPF)?
First published 2012.
Condensed planning policy.
Framework for development management.
It provides guidance for local planning authorities (LPAs) and decision-makers, both in terms of plan making and decision making
What are the key principles of the NPPF?
Balances economic growth with environmental protection.
Streamlines the planning process.
Devolves power to local authorities.
Presumption in favour of sustainable development.
What’s sustainable development?
Development that meets the needs of today without compromising the needs of those in the future.
Three overarching objectives:
- social
- economic
- environmental
What were the recent changes to the NPPF?
July 2021 revisions include:
Definition of sustainable development now includes the 17 Global Goals for development from the UN
Plan making updated - development to improve the environment and mitigate climate change
Need to look further ahead than plan period for delivery
What is the hierarchy of planning policy?
- NPPF
- Local Planning
- Neighbourhood Planning
What is a Local Planning Athority?
The National Planning Policy Framework (NPPF) defines a local planning authority as, ‘the public authority whose duty it is to carry out specific planning functions for a particular area.
What is a Local Plan?
‘The plan for the future development of the local area, drawn up by the local planning authority in consultation with the community.
Sets out the opportunities for development in the area
Says what types of development will and won’t be permitted in different areas
What is a Local Plan’s purpose?
Allow LPAs to have control over their area
Main consideration for deciding planning applications.
What do Local Plans follow?
NPPF
Planning and Compulsory Purchase Act 2004
How often do Local Plans need to be reviews?
Town and Country Planning (Local Planning) (England) Regulations 2012
- At least every 5 years
- Updated if necessary
What is a five-year land supply and why is important?
Under NPPF, all LPAs must demonstrate deliverable 5-year housing target, with 5% buffer.
5-year housing supply calculated on ‘standard method’ – with LPA specific constraints.
What is a housing devliery test?
An annual measurement of the number of homes built in LPAs across England over a three-year period.
There are penalties for those delivering less than 95% of their requirement.
The most severe penalty, LPAs that delivered under 75% and now face the ‘presumption in favour of sustainable development’.
This essentially means that planning permission should be granted, unless the site is protected under the NPPF or the adverse impacts demonstrably outweigh the benefits.
What is Neighbourhood planning?
Neighbourhood planning gives communities direct power to develop a shared vision for their neighbourhood and shape the development and growth of their local area.
What is permitted development?
Some forms of development don’t need planning permission.
What governs permitted development?
Town & Country Planning (Generally Permitted Development) Order 2018 (amended 2021)
What are the 2020 changes to PD?
Upwards extension of buildings.
Demolition of buildings for replacement with dewllings.
What are the 2021 changes to PD?
Class O and M (office and retail now revoked)
New class MA for the whole of Class E to residenital.
Cannot exceed 1,500 sqm
3 month vacancy prior to date of application.
Lawful use for 2 years.
What is an article 4 Direction?
Issued by LPAs to control development in an area.
Commonly used for PD.
What are recent changes to Article 4 Directions?
The revised NPPF has imposed a much more stringent test where the development relates to a change from non-residential to residential (paragraph 53 of the NPPF). In this scenario the use of Article 4 directions should be limited to situations where it ‘is necessary to avoid wholly unacceptable adverse impacts’.
What is prior approval?
Under certain classes of PD, you need to submit a prior approval application.
Allows LPA to consider the proposal against certain factors ( e.g. transport and highways) and how these may be mitigated.
When would you need prior approval?
Class MA
Upwards extensions of buildings
Demolition and replacement with new dwellings
What is a use class?
Planning use classes are the legal framework which determines what a particular property may be used for by its lawful occupants.
What now governs use class?
The Town and Country Planning (Use Classes) Regulations 2020
Effective Sep 2020
What is the aim of the new use class order?
The aim is to allow businesses more flexibility in what buildings can be used for.
What were the changes?
Revoked;
- A1-5 (restaurants/shops)
- B1 (offices/light industrial)
- D1 (schools, health centres)
- D2 (cinemas, gyms)
Now in either E, F or sui generis
What is Use Class E
commercial, business and services
What is now included in Use Class E?
- Shops
- Offices
- Restaurants
- Light industrial
- Health centres
- Gyms
What does Use Class F1 cover?
learning and non-residential institutions.
What does Use Class F2 cover?
local community centres
i.e. schools, museums
What are the types of planning permission?
- Outline application
- Permission in principle
- Full application
What is Permission in Principle?
The permission in principle consent route is 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
What is a full planning permission?
Full planning permission usually lasts for 3 years.
The conditions attached to the planning consent must be reasonable.
What are planning conditions?
Planning conditions are provided within the decision notice for a planning permission.
They need to be adhered to and some discharged prior to commencement of development e.g. drainage plans or landscaping and materials.
What would you likely see as planning conditions?
- when planning must commence
- development needs to be carried in accordance with the plans and conditions
- details of materials must be provided
What are some examples of material considerations?
Design
Parking
Unit mix
Traffic
What is a planning appraisal?
A starting point for many developers to establish the planning potential of a site
Provides advice on what policies are relevant.
What is a Pre-app?
Seeks to understand the opinion of the LPA of the principle of that development.
After meeting LPA will send a written letter.
Not binding but gives an opinion as to what the council is looking for and any relevant documents they would require.
What are the costs of pre-application advice?
Will differ depending on LPA and type of development.
Minor development approx £400
Small scale major developments approx £1,000.
Large scale major developments approc £1,700
Is pre-applcation discussions confidential?
Yes.
But Freedom of Information Act 2000 may result in someone enquiring for the information.
What are the pros and cons of doing a pre-application?
Pros:
- Can establish if development is acceptable
- Informed what additional information is needed
- Private
Cons:
- Taking a long time atm
- Councils aren’t really doing them in some instances
- Informal, so they can change their mind
What is an Enforcement Notice?
LPA can serve against owner/occupier for breach of planning control.
Details the steps needed to remedy.
What is a Stop notice?
This prohibits the continuation of any activity that is set out in an enforcement notice until the enforcement notice has been complied with.
What is a lawful development certificate?
Will show a building’s current lawful use.
Maybe want to get it for PD, to show correct lawful use.
What is a Listed building?
Buildings considered to be of national architectural or historic interest or under threat.
What governs listed buildings?
Planning (Listed Buildings and Conservation Areas) Act 1990.
List is administered by Historic England.
Why are properties listed?
Age
Rarity
Selectivity
National interest
State of repair
Aesthetic merit
What consent do you need to do work to a listed building?
Listed building consent.
It is an offence to carry out works without one.
What is a conservation area?
Areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance.
Are trees protected in a Conservaiton Area?
Yes
What is a tree preservation order?
LPAs have powers to protect trees by making TPO’s.
It is an offence to cut down, lop, damage, or destroy a tree with a TPO without written consent from the LPA.
A fine can be permitted of up to £20,000 or an unlimited fine if taken to Crown Court.
What is an Environmental impact assessment?
Evaluates the environmental effects of proposed development action prior to permission being granted.
What is Affordable Housing?
Housing for sale or rent, for those whose needs are not met by the market
What are the three types of Affordable Housing?
- Social Rent
- Affordable Rent
- Intermediate
What is Social Rent?
- Provided by local authorities and some RPs.
- Rent is set at a level dictated by the national rent regime.
- The most affordable at approx 55% of private rents.
- Includes provisions to remain as AH
What is Affordable Rent?
- Provided by LPAs & RPs
- Subject to a control that requires the level to be no more than 80% of local market rent.
- Provisions to remain at an affordable price for future eligible households, or for the subsidy to be recycled for alternative affordable housing provision.
What does Intermediate Affordable Housing Include?
- Discounted Open Market
- Shared Ownership
What is Shared Ownership?
Scheme enables households to buy a share in property (usually between 25% - 75% of the home’s value).
A subsidised rent is paid on the remaining share held by the RP, with the ability to purchase additional shares.
What is HTB?
Equity loan of up to 20% or 40% if London.
Need 5% deposit.
Homes up to £600k London / £400k East
Being phased out - ending March 2023
