Planning - Lvl 1 Flashcards
What is planning appraisal and how is it used?
A planning appraisal is a comprehensive assessment of a site or development proposal to understand its feasibility, constraints, and opportunities.
It evaluates the site’s context, local planning policies, potential constraints, and alignment with strategic objectives.
Relevant Law: The Town and Country Planning Act 1990 (TCPA 1990) sets out the framework for planning appraisals by defining what constitutes ‘development’.
How does it fit within the development process?
Planning appraisal is an initial step in the development process, helping to shape the proposal and inform subsequent stages, such as design and application submission.
What is development management and why do we have it?
Development management is a proactive approach to guiding and facilitating sustainable development, rather than just controlling it.
It seeks to work collaboratively with developers and stakeholders to achieve high-quality developments.
Relevant Law: The Planning Act 2008 introduced the term “Development Management” to emphasize this proactive approach.
What is development control?
Development control is the traditional regulatory process of controlling land use and development to ensure it aligns with planning policies.
Relevant Law: The TCPA 1990 historically governed this process.
Who are the key stakeholders in development management?
Key stakeholders include local planning authorities, developers, local communities, statutory consultees, and other interested parties.
Relevant Law: The Localism Act 2011 emphasizes the role of local communities and stakeholders in the planning process.
Tell me about your understanding of the key principles and processes used to determine the need for planning consent.
Understand existing use, and proposed use.
Definition in the TCPA 1990
Does it fall within permitted development?
Relevant Law: The TCPA 1990 and the Planning and Compulsory Purchase Act 2004 set out these principles and processes.
How do you go about undertaking pre-application consultation and why?
Pre-application consultation involves engaging with the local planning authority and other stakeholders before submitting a formal application.
It helps identify potential issues, gain feedback, and improve the chances of a successful application.
Relevant Law: The Growth and Infrastructure Act 2013 introduced provisions for pre-application consultations for certain developments.
What is the process involved in obtaining appropriate planning permission?
The process involves submitting a planning application to the local planning authority, which is then consulted upon, assessed, and either approved, approved with conditions, or refused.
Relevant Law: The TCPA 1990 sets out this process.
What information is required in support of a planning submission and where is this defined?
A planning submission typically requires a completed application form, plans and drawings, a design and access statement, and other supporting documents depending on the nature of the proposal.
Relevant Law: The Town and Country Planning (Development Management Procedure) (England) Order 2015 defines the specific documents and information required.
Tell me about site survey and details you are familiar with, e.g. Preliminary ecological appraisal and biodiversity net gain calculation
A site survey provides detailed information about a site’s physical characteristics, constraints, and opportunities.
A Preliminary Ecological Appraisal (PEA) is an initial assessment of the potential ecological constraints and opportunities on a site.
It identifies habitats and potential for protected species. Biodiversity net gain calculation is a method to ensure that post-development, there is a measurable improvement in biodiversity compared to pre-development conditions.
Relevant Law: The Environment Act requires mandatory biodiversity net gain requirements for developments.
Where would you source information on one of these?
Information for a PEA can be sourced from desk studies, local biological records centers, and on-site habitat surveys.
For biodiversity net gain calculations, the DEFRA Biodiversity Metric can be used.
Relevant Law: The Natural Environment and Rural Communities Act 2006 emphasizes the duty to conserve biodiversity.
How do you analyse environmental features and issues?
Environmental features and issues are analyzed through a combination of desk-based studies, field surveys, and consultations with specialists.
This helps in understanding the site’s ecological value, potential impacts, and mitigation measures.
Relevant Law: The Environmental Impact Assessment (EIA) Regulations 2017 guide the assessment of significant environmental effects of certain projects.
How long does it take to obtain a planning decision?
Typically, for minor developments, a decision is made within 8 weeks from the submission date.
For major developments, it’s 13 weeks, and for developments of national significance, it’s 16 weeks.
**Relevant Law: **The Town and Country Planning Act 1990 and the Planning and Compulsory Purchase Act 2004 set out these timeframes.
What is a Planning Performance Agreement?
A Planning Performance Agreement (PPA) is a voluntary agreement between a developer and a local planning authority to set out the timescales, actions, and resources required to process a planning application.
Relevant Law: PPAs are encouraged by the National Planning Policy Framework (NPPF) to improve the efficiency of the planning process.
How are planning decisions made and by whom?
Planning decisions are typically made by local planning authorities.
Minor applications may be determined by planning officers under delegated powers.
More significant or controversial applications are often decided by a committee of elected councilors.
Relevant Law: The Town and Country Planning Act 1990 and the Local Government Act 1972 outline the decision-making process and powers.
What will be the main issues in determining if planning consent is granted?
The main issues include the proposal’s alignment with local and national planning policies, its impact on the local environment, infrastructure capacity, traffic implications, and feedback from public consultations.
Relevant Law: The Town and Country Planning Act 1990 and the National Planning Policy Framework (NPPF) guide the determination process.
How can interested parties get involved in planning determination?
Interested parties can get involved by participating in public consultations, submitting written comments on planning applications, attending planning committee meetings, and engaging with local councillors.
Relevant Law: The Localism Act 2011 promotes public involvement in the planning process.
When and why would an application by ‘called-in’ by the Secretary of State and what does this mean?
An application can be ‘called-in’ if it has significant implications for the wider community, conflicts with national policy, or is of strategic importance.
When ‘called-in’, the Secretary of State takes over the decision-making process, often following a public inquiry.
Relevant Law: The Town and Country Planning Act 1990 provides the Secretary of State with the power to ‘call-in’ applications.
When are applications referable to the Greater London Authority?
Applications are referable to the GLA if they are of potential strategic importance to London.
This includes developments over certain thresholds, such as those with over 150 residential units or over 30 meters in height.
Relevant Law: The Greater London Authority Act 1999 sets out the criteria for referable applications.
What is the role of local councillors and planning officers in the planning system?
Local councillors represent the views of their constituents and make decisions on significant or controversial planning applications in planning committee meetings.
Planning officers assess applications, provide technical advice, and make recommendations to the planning committee or decide on minor applications under delegated powers.
Relevant Law: The Local Government Act 1972 and the Town and Country Planning Act 1990 outline the roles and responsibilities of councillors and officers in the planning system.
What is the role of the Planning Inspectorate?
The Planning Inspectorate handles planning appeals, national infrastructure planning applications, examinations of local plans, and other planning-related matters.
Relevant Law: The Town and Country Planning Act 1990 establishes the framework for planning appeals, which the Planning Inspectorate oversees.
What is a Judicial Review, and what are the key timescales and risks?
Judicial Review is a process where the decisions of public bodies, including planning decisions, are challenged in court on the grounds of legality, rationality, and procedural impropriety.
The key timescale is typically six weeks from the decision date.
Risks include high costs, potential delays, and the possibility of the original decision being upheld.
Relevant Law: The Civil Procedure Rules Part 54 governs the Judicial Review process.
What are the different types of planning appeals and when are they used?
Types include:
* Written Representations (for straightforward cases),
* Hearings (more complex cases with specific issues),
* Public Inquiries (largest or most controversial cases).
They’re used when a planning application is refused, conditions are disputed, or no decision is made within the statutory timeframe.
Relevant Law: The Town and Country Planning Act 1990 and the Planning and Compulsory Purchase Act 2004 provide the framework for appeals.
Tell me about the stages of the appeals process?
Stages include:
* Submission of appeal,
* validation by the Planning Inspectorate,
* exchange of statements,
* site visit,
* hearing or inquiry (if necessary),
* and the inspector’s decision.
Relevant Law: The Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009 outlines the written representations procedure.
Tell me about the public consultation process for a new development?
The process involves notifying neighbors, displaying site notices, advertising in local newspapers, holding public exhibitions, and seeking feedback.
Local authorities also undertake statutory consultations with specific bodies.
Relevant Law: The Town and Country Planning (Development Management Procedure) (England) Order 2015 sets out the requirements for public consultation.
