*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The Town and Country Planning Act 1990 superseded the 1947 Act.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.