RICS Mock Touch Ups Flashcards
What is an Opportunity Area?
Opportunity Areas (OAs) are identified in the Mayor’s London Plan as key locations with potential for new homes, jobs and infrastructure of all types.
What are the benefits of an Opportunity Area?
Economic, social, or environmental improvements can be made through development initiatives.
What is a Development Plan?
Its a strategic document that outlines the long-term visions, goals and policies for the development and land use within a specific geographic area, set by the Local Authority or Regional Authorities.
What is considered within a Development Plan?
When deciding whether a planning application is in line with its development plan, the LPA will consider the following:
- The number, size, layout, siting and external appearance of buildings
- The infrastructure available (e.g. roads and water supply) and proposed means of access.
- Any landscaping requirements.
- The proposed use of the development
- The likely impact on the surrounding area.
What is planning weight?
Planning weight refers to the degree of influence or importance given to various planning documents or policies when making decisions on planning applications or development proposals. The concept of planning weight is based on the hierarchy of planning documents, where certain documents have greater authority and relevance than others in the decision-making process.
What are the levels of planning within England?
National Policy: Planning policies set out in national-level documents such as the National Planning Policy Framework (NPPF) typically carry significant planning weight and are highly influential in decision-making.
Local Development Plan: Local development plans prepared by local planning authorities outline the spatial strategy, land use allocations, and planning policies for a specific area. These plans also hold considerable planning weight.
Supplementary Planning Documents (SPDs): These documents provide further detail and guidance on specific planning policies or topics within the framework of the local development plan. They are considered in the decision-making process but may carry less planning weight than the core development plan.
Neighbourhood Plans: Where applicable, neighbourhood plans prepared by local communities under the Neighbourhood Planning Regulations are given planning weight when determining planning applications within the designated neighbourhood area.
What factors does planning weight take into account?
The planning weight assigned to each document or policy depends on factors such as its conformity with higher-level policies, the stage of its adoption or implementation, and whether it has been subject to public consultation and examination. Ultimately, planning weight influences the extent to which planning decisions must align with the policies and objectives set out in the relevant planning documents.
What is S73?
Section 73 of the Town and Country Planning Act 1990 allows applications to be made for permission to develop without complying with a condition(s) previously imposed on a planning permission.
What is S96A?
Section 96A provides that a local planning authority may make a change to any planning permission relating to land in their area if they are satisfied that the change is non material.
What is the difference between S73 and S96A?
A ‘non-material amendment’ would form an update to the existing permission. This is known as an s96a application or an NMA.
Amendments of a greater scale may require a new/revised planning permission, and so you would need to make a s73 application previously know as Minor Material Amendments (MMA).
Appeals - What is the process for appeals for non determination?
Appeals for non-determination involve lodging an appeal due to a local planning authority’s failure to make a decision within the statutory timeframe. The process includes submitting documentation, review by a planning inspector, consideration of evidence, decision-making, notification of the outcome, and implementation of the decision.
Appeals - What is an appeal against refusal?
Appeals against refusal occur when a local planning authority rejects a planning application. The process involves submitting an appeal to the Planning Inspectorate, providing grounds for appeal, gathering supporting evidence, attending a hearing or inquiry, and receiving a decision from the planning inspector.
What are the three appeal routes?
There are three main procedures to determine an appeal – a so-called formal “public inquiry”, a less formal hearing, or by written representations without a hearing. Within the hearing and inquiry categories, PINS may also consider if a ‘combined procedure’ would be appropriate, such as a hearing with some elements dealt with by written representations or an inquiry with hearing (e.g. round table discussions) and/or written representation elements. In all types the appeal site will normally be visited.
1) Written Reps
2) Hearing
3) Inquiry
What are the pros and cons of a pre-app?
Pros -
- Early Feedback: Allows developers to receive early feedback from planning authorities.
- Improved Applications: Helps developers refine their proposals based on feedback
- Time and Costs Savings: Can save time and money by identifying potential issues early
Stakeholder Engagement: Provides an opportunity to engage with stakeholders such as local communities, interest groups, and planning authorities, fostering better relationships and potentially gaining support for the proposal.
Cons -
- Costs: Pre-application processes may incur additional costs for developers, including fees for the pre-application advice and expenses associated with preparing documentation.
- No Guarantee of Success: Although helpful, pre-application discussions do not guarantee approval of the final application, and planners may still raise objections or require changes during the formal review process.
- Limited Feedback: The feedback provided during pre-application discussions may be general or preliminary, lacking the specificity of formal planning decisions.
- Time Constraints: Pre-application processes can sometimes delay the submission of the formal application, especially if multiple rounds of discussions are needed to address various concerns.
When might a site be subject to EIA?
A site might be subject to Environmental Impact Assessment (EIA) if it is likely to have significant environmental effects. This typically includes projects that involve major developments or activities such as:
- Construction of infrastructure (e.g., roads, airports, railways)
- Large-scale urban development (e.g., housing estates, commercial complexes)
- Industrial installations (e.g., factories, power plants)
- Extractive industries (e.g., mining, quarrying)
- Waste management facilities (e.g., landfills, incinerators)
- Agricultural projects (e.g., irrigation schemes, large-scale farming)
- Renewable energy projects (e.g., wind farms, solar parks)
