Planning - Level 2 (Ready)

Question 1

What is the difference between CIL and Section 106?

Answer 1

• CIL is a fixed rate levy that is the same across the administrative area
• CIL is tariff based on increase in floor area
• Viability is tested at a district level
• CIL cannot be used to secure affordable housing
• S106 is project specific
• S106 is negotiated
• S106 can be used to secure affordable housing
• S106 is only justifiable to make the development acceptable in planning terms
• Viability undertaken on a case by case basis

Question 2

Is the required affordable housing provision fixed?

Answer 2

• No, you will need to refer to the relevant local plan in order to ascertain the policy requirement

Question 3

What is included in a flood risk assessment?

Answer 3

• Site address
• Description of proposed development
• Assessment of flood risk from all sources of flooding plus allowance for climate change
• Estimated flood level of your development
• Details of flood resistance

Question 4

What is the NPPF?

Answer 4

• National Planning Policy Framework
• Reduced over 1,000 pages of planning guidance to around 50 pages
• Published March 2012 and revised 2018

Question 5

In London, what other planning costs should you be aware of?

Answer 5

• Mayoral CIL

Question 6

What is a lawful development certificate?

Answer 6

• Allows the possibility of obtaining document confirming the use or activity is lawful
• Certificate of Lawful use if required

Question 7

What are permitted development rights?

Answer 7

• For some forms of development, planning is not required

Question 8

For what use classes would permitted use not apply?

Answer 8

Sui Generis

Question 9

In what instances would permitted development NOT apply?

Answer 9

• Conservation Areas
• AONB
• National Parks

Question 10

What are the recent changes to the planning use classes in the UK?

Answer 10

• Introduction of Use Class E from September 2020
• Encompasses commercial, business and service
• Removed Classes A, B1 and D1
• Replaced with E

Question 11

What are the different types of listing in the UK?

Answer 11

Grade 1
Grade 2
Grade 2* (most listings)

Question 12

Can you explain why a building might be listed?

Answer 12

• Age
• Rarity
• National interest
• Selectivity
• State of repair
• Aesthetic merit

Question 13

Who can de-list a building?

Answer 13

Secretary of State

- If it no longer meets the listing criteria

Question 14

What is an Environmental Impact Assessment?

Answer 14

• Process to identify, predict ad evaluate the environmental effects of proposed development

Question 15

What is an Article 4 Direction?

Answer 15

• Issued by LPA’s in circumstances where specific control over development is required
• Commonly issued to prevent Permitted Development Rights
• Registered as a land charge
• Compensation payable to land owner who cannot obtain permission for development which otherwise may have been treated as PD

Question 16

How would you go about altering a planning permission without the need for a full application?

Answer 16

Section 73 application

Question 17

What is a Section 106 agreement?

Answer 17

• Planning obligations set out in a legally binding document

- Has to be entered into before consent is granted

Question 18

What is CIL?

Answer 18

• A levy that allows Local Planning Authorities to receive off-site payments from developers to raise funds for infrastructure necessary to support development in the area
• Examples are
• Roads
• Schools / education facilities
• Open spaces

Question 19

You mention that you issued a list of documents required for planning, can you please run us through those?

Answer 19

• Affordable Housing Statement
• Arboricultural Impact Assessment
• Design and Access Statement
• Drainage Statement
• Ecological Appraisal
• Flood Risk Assessment
• Geo-Environmental
• Heritage Statement
• Landscape and Visual
• Noise Impact Assessment
• Planning Statement
• Sequential Test
• Transport Assessment
• Viability Statement
• Planning Application Form
• Floor plans
• Draft Section 106 heads of terms

Question 20

How did you revise your plans in response to the public feedback on Burnham?

Answer 20

• I ensured that the architect paid particular attention to the landscaping design

Question 21

Given that the site was in flood zone 3, how did you deal with this?

Answer 21

• I ensured that the designs did not incorporate any habitable floor space at ground level
• I commissioned a detailed flood risk assessment which include a flood management plan

Question 22

What recent amends have been made to the planning system?

Answer 22

Town and Country Planning (Use Classes Amendment) Order 2020

• Introduction of Use Class E from September 2020
• Encompasses commercial, business and service
• Removed Classes A, B1 and D1
• Replaced with E

Question 23

What legislation deals with permitted development?

Answer 23

Town and Country Planning (General Permitted Development) Order 2018

Question 24

Has the GDPO been updated recently?

Answer 24

Yes, in 2020 to include changes that allow the addition of stories on residential development
- Also allows the demolition and redevelopment of freestanding blocks of flats and certain commercial buildings

Question 25

What are the government doing to correct the current time taken to address S106 agreements?

Answer 25

Introducing the new infrastructure levy

• Proposals to scarp S106 and CIL and replace with a new infrastructure levy
• Levy would be charged as % on GDV
• Low value schemes would be exempt
• Idea is that this would speed us the planning system

Question 26

Are the government proposing for any changes to the planning system in the UK?

Answer 26

The Planning White Paper “Planning for the future” 2020

• Proposed new system for planning
• Proposals for land to be designated into three categories
• Growth areas
• Renewal areas
• Protected areas
• Target 300k homes a year
• Five year land supply and duty to cooperate removed
• Digitalisation of local plans
• New infrastructure levy