Planning - lvl 3 Flashcards
Blackbridge Farm CBT - regularisation
How have you provided reasoned advice in the preparation, presentation and/or negotiation of planning application and/or appeals documentation?
Application Strategy:
* Advised the client to pursue a Section 73a application, as it was implimented without prior approval of conditions, rather than an S96a.
Stakeholder Engagement:
* Maintained open communication with planning officers to ensure a collaborative approach, addressing concerns promptly and building a repport.
Highways Negotiation:
* Highlighted potential challenges related to highway access and recommended engaging specialized Highways consultants.
* This led to a successful negotiation of a scheme of Highway works via a Section 278 Agreement.
Planning Conditions:
* Assessed the reasonableness of proposed planning conditions, especially those related to highways.
* I advised on the implications of each condition, ensuring they were both achievable and in the client’s best interest.
On Blackridge Farm, why did you advise the client to use a S73a application and not a S96a?
- Advised S73a due to the retrospective nature of the Blackridge Farm development.
- S73a is for gaining approval for development already carried out without consent.
- S96a is for non-material amendments to existing permissions.
- Given the development was already completed without prior approval, S73a was the most appropriate.
- S96a wasn’t suitable as the situation wasn’t about minor adjustments to an existing permission.
Town and Country Planning Act 1990 (TCPA 1990)
Blackridge Farm
How have you formulated and negotiated planning or highways agreements?
- On Blackridge Farm, a significant challenge was negotiating a scheme of Highway works via a Section 278 Agreement.
- Recognizing complexities - I advised the client on the importance of specialized Highways consultancy to lead the negotiations.
- Throughout the negotiation process, I ensured that the terms were tailored to be favorable for my client, balancing their commercial interests with the safety and efficiency requirements of the highway authority.
- This involved discussions on the scope of works, financial contributions, maintenance responsibilities, and timelines.
- To further protect my client’s interests, I recommended engaging a competent firm of solicitors to review the legal aspects of the S.278 Agreement, ensuring all clauses were clear, fair, and enforceable.
Blackridge Farm
Tell me about how S278 agreements are used.
- Section 278 Agreements (S278) are legal agreements between a developer and a highway authority under the Highways Act 1980, allowing developers to conduct works on public highways.
- These are often essential for road improvements, junction modifications, or new access points.
- Developers typically bear the costs, ensuring works meet the highway authority’s standards.
- The agreement outlines design and construction standards, with the highway authority inspecting and approving works.
- Once completed, the authority adopts and maintains the new/improved roads, ensuring safety and benefitting both the development and existing road users.
Blackridge Farm
How did you ensure that the S278 advice was robust and well qualified?
Recognizing my limitations in Highways matters, I prioritized my client’s interests by seeking specialized advice.
Before engaging professional Highways consultants with expertise in S278 negotiations:
* undertook tender process
* ensured successful track record with similar schemes and with this HA.
* ensured they had appropriate insurance
* conducted a site visit
* ensured they undertood the clients objectives
This approach ensured that the proposed highway works met the necessary standards and were feasible.
- Additionally, I collaborated with a competent firm of solicitors to review and advise on the legal aspects of the S278 Agreement, ensuring all terms were favorable to my client while also meeting the requirements of the highway authority.
Blackridge Farm
How have you liaised with and negotiated with planning officers, clients, fellow professionals and third-party stakeholders in relation to a development project?
- Throughout the Blackridge Farm project, I maintained open communication channels with all stakeholders.
- With clients, I provided consistent updates, ensuring they were informed and aligned with the project’s direction.
- Collaborating with fellow professionals, such as Highways consultants and solicitors, was crucial to tap into specialised expertise.
- I held regular meetings with planning officers to discuss the project’s progress, address concerns, and negotiate favorable terms.
Blackbridge Farm
Tell me about an instance of when you have advised a client on the reasonableness of planning conditions.
*ensure review of condtions before issuing DN.
* Advised the client on the highway officer’s concerns and their implications for the project.
Sliding Gate Positioning:
* Emphasized the need for gates to remain open during operational hours for smooth HGV access.
Vehicle Types:
* Advised detailing typical vehicles for the site to demonstrate safe road use.
Houghton Farm
How have you led the preparation or written a detailed design and access statement?
Consultation:
* Engaged with farm stakeholders to grasp the site’s history and future vision.
Site Analysis:
* Assessed Blackridge Farm’s landscape, heritage, and site-specific constraints.
Design Principles:
* Emphasized sustainability, rural integration, and agricultural preservation.
Accessibility:
* Ensured proposed changes catered to all users, including those with disabilities.
Visual Aids:
* Incorporated photographs, sketches, and diagrams to convey design intent.
Community Engagement:
* Gathered feedback from the local community and farm residents.
Policy Alignment:
* Demonstrated compliance with local planning policies.
Final Review:
* Collaborated with farm management to finalize the statement, ensuring it captured their vision.
Houghton Farm - CoU
How have you provided reasoned advice in the preparation, presentation and/or negotiation of planning application and/or appeals documentation?
The client instructed to change the use of agricultural buildings to commerical and light industrial use, to maximise value of their estate. I advised them through the entire planning stage.
Class R Limitations:
* Recognized that the project’s cumulative scale (>500m2 proposed floorspace) exceeded Class R permitted development rights.
Change of Use Application:
* Advised Section 55 of TCPA 1990 applies, as considered development. all aspects needed to be assessed and addressed by LPA. However, Less onerous than full application so theortically faster decision.
Alignment with Planning Policies:
* Prioritized alignment with local and national guidelines, emphasising sustainable design. Increase success of app.
Design Preservation:
* Collaborated with architects, referencing the Huntingdonshire Design Guide SPD (2017), to maintain the buildings’ character.
Stakeholder Engagement:
* Engaged with the Council throughout to refine the scheme and align with local policies. Ensured client was regualrly updated and understood the process.
Planning Conditions:
* Assessed the reasonableness of proposed planning conditions, especially those related to highways.
* I advised on the implications of each condition, ensuring they were both achievable and in the client’s best interest.
TCP GPDO 2015
TCP (Use Classes) (Amendment) (England) 2020
Houghton Farm - CoU
On Houghton Farm, why did the development not fall under Class R of the Permitted Development rights?
The development at Houghton Farm exceeded the scale parameters set out under Class R of the TCP GPDO 2020 - (>500m2 proposed floorspace).
Houghton Farm - CoU
What planning issues are typical when seeking to convert agricultural buildings to other uses?
Typical planning issues include:
* Justifying that the agricultural use isn’t required still
* preserving the character and appearance of the agricultural buildings,
* ensuring the conversion does not harm the openness of the countryside,
* addressing potential traffic and access concerns,
* and ensuring that there are no negative impacts on biodiversity or the local environment.
I advised the client on these potential challenges and ensured that the proposal addressed them comprehensively.
Houghton Farm - CoU
Which planning category was the use changing into?
From
* Class R (Agriculture)
To:
* Class E (Commercial, Business, and Service).
* B2 General industrial.
* B8 Storage or distribution.
Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020
Houghton Farm - CoU
What is the status of an SPD? Is it part of the Local Development Plan?
An SPD (Supplementary Planning Document) provides further detail on policies in the Local Development Plan but is not part of the statutory development plan itself.
However, it is a material consideration in planning decisions.
I emphasized the importance of referencing the Huntingdonshire Design Guide SPD (2017) to ensure the design was in line with local guidance.
Houghton Farm - CoU
Tell me how your advice led to the best commercial result for the client.
At Houghton Farm, my advice secured the desired consent - TCPA 1990, allowing the client to legally maximize the potential of the site.
Advising on using a CoU application and abiding by local SPD facilitated the clients needs and satisfied the Council.
The planning conditions, especially those related to highways, were reasonable.
* I advised on the implications of each condition, ensuring they were both achievable and in the client’s best interest.
Houghton Farm - CoU
Tell me about an example of when you have overseen the work of external consultants in relation to the planning process.
- During the Houghton Farm project, I oversaw the work of external consultants, including architects and environmental specialists.
- I ensured that their inputs were aligned with the planning strategy and provided feedback to refine their contributions.
- This collaborative approach ensured a cohesive and robust planning application, ultimately leading to the desired outcome for the client.
