Submission Pack - Potential Questions Flashcards

1
Q

What are the five RICS rules of conduct?

A

: Rule 1: members and firms must be honest, act with integrity and comply with their professional obligations.
Rule 2: members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise
Rule 3: members and firms must provide good quality and diligent service
Rule 4: members and firms must treat others with respect and encourage diversity and inclusion
Rule 5: members and firms must act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the professions.

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2
Q

Explain the potential offences that relate to being bribed?

A

Bribing, Receiving a bribe, bribing a foreign public official and failing to prevent bribery.

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3
Q

Who does the RICS professional standard countering bribery, corruption, money laundering and terrorist financing (2019) apply to?

A

This professional standard applies to all RICS members and RICS regulated firms involved with works where there is potential for bribery, corruption, money laundering and / or terrorist financing.

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4
Q

What is your company’s procedure for accepting gifts or hospitality?

A

I am required to decline any gifts or hospitality offers over the sum of £150. Regardless of the value and if I have accepted or declined, I will declare all gifts or hospitality on my company’s anti bribery form.

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5
Q

How would you determine whether a gift is reasonable and proportionate?

A

The value and nature of the expenditure is not disproportionate to the occasion.

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6
Q

Explain how you deal with sensitive and confidential material?

A

I would save the data in a location which can only be accessed by people within my team. I also ensure that I do not re-use the same password for multiple accounts.

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7
Q

Provide examples of how you might hold yourself in a professional manner?

A

I always communicate with my client in a clear manner and in a format that they can understand. I always ensure my client’s priorities are at the forefront of what I am doing.

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8
Q

Provide an example of when you might use an oral / visual / written communication?

A

Oral: a phone call / teams meeting for a general discussion on a given topic.
Visual: a presentation to a landowner / agent in a bid interview.
Written: a report requesting approval to exchange contracts on a new site.

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9
Q

What are the key considerations when deciding on your communication style?

A

Who is the target audience? Are there any time limits or urgency required? Do you need to record the communication in writing? Is there a history of communication between the parties? What is the most appropriate method of communication? What is the intended message?

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10
Q

Give an example of where you needed to be flexible to ensure the deal was progressed, but you still had your client’s expectations first?

A

When negotiating a contract with a vendor, my client wanted to ensure any increase in CIL was a deductible item from the land price within the contract. The vendor was unwilling to accept this, but my client similarly did not want to accept the risk. It was then decided this would be dealt with by way of onerous condition and we were able to walk away and be refunded for all of our costs on the project to date should the level of CIL reach a level where the scheme becomes unviable.

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11
Q

Explain the general duties of employees at work within section seven within the Health & Safety Act (1974)?

A

It shall be the duty of every employee while at work: to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work and as regards a duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions to cooperate.

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12
Q

Explain the purpose of the RICS guidance note on surveying safely (2018)?

A

The RICS guidance note on surveying safely is there to protect individuals from any harm across the globe and across industry and sectors and governmental organisations. This can be used at corporate level (RICS regulated firms) and for individual members of the RICS.

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13
Q

Explain your company’s lone working policy?

A

When working alone, I need to ensure I have made someone else in my team aware of this and told them where I am. I also need to make sure I have a mobile phone accessible to me at all times.

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14
Q

Name the 5 required pieces of PPE?

A

Hard hat, gloves, steel toe capped boots, high vis jacket / vest and safety goggles.

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15
Q

Explain what the purpose of a balance sheet / profit & loss account / cash flow statement is?

A

Balance sheet: a quantitative summary of a company’s financial position at a specific point in time
Profit & loss account: a financial statement that summaries the revenues generated, and costs incurred during a period of time.
Cashflow statement: a financial statement that shows how the cash of business was generated and spent during the year, broken down into – operating activities, investing activities and financial activities.

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16
Q

Explain the difference between an evidence-based opinion and an expert opinion?

A

Expert evidence is there to assist the tribunal in forming its independent judgement, where an opinion is developed using incomplete knowledge of facts.

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17
Q

Explain the difference between expert determination / arbitration / mediation?

A

Expert determination: a third part expert is appointed by the parties to a contract to make a decision on an issue – the expert’s opinion is usually binding and has a contractual affect between the parties.
Arbitration: A panel of arbitrators or an independent arbitrator is chosen by the parties to make a decision on the dispute – this is often used when the evidence is not straightforward.
Mediation: A neutral third party is brought in to help the parties to a dispute and negotiate a settlement.

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18
Q

Provide an example of when you have been diligent and cautious when retrieving data?

A

I was required to download and store a data room that had been issued to me by a agent. It was the first time I had been sent information from this agent. I therefore decided to send this to our internal IT team to check that the link was valid – this a mandatory procedure set by my client.

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19
Q

Explain the content within section two, chapter six and seven within the data protection act (2018)?

A

his section relates to the definition of a controller and public authority or body.
Controller: the person on whom the obligation to process the data is imposed by the enactment.
Public authority or body: for the purposes of GDPR when performing a task carried out in the public interest or in the exercise of official authority vested in it.

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20
Q

Explain the purpose of the GDPR regulations (2018)?

A

The GDPR regulations are there to: protect individual’s rights, establish a system of independent authorities and list the rights of data subjects.

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21
Q

What is your client’s procedure for handling data?

A

My client follows all of the policies set out in the data protection act (2018).

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22
Q

What are the protected characteristics of the equality act (2010)?

A

Age, disability, gender reassignment, marriage & civil partnership, pregnancy & maternity, race, religion or belief, sex and sexual orientation.

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23
Q

List some of the characteristics that create a collaborative and positive team environment?

A

Clear goals, defined roles, open communication, trust & respect, mutual support, diversity and adaptability.

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24
Q

Name some of the characteristics of a good team player?

A

Reliability, strong communication skills, adaptability, positive attitude, good problem-solving skills, initiative and commitment.

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25
Q

How can a building be designed to ensure it is inclusive for everyone?

A

Wheelchair accessible - M4(3), lifts, ramps, automatic doors, disabled bathrooms, clear and well-lit paths and adding assistive technology.

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26
Q

Name the three objectives within the NPFF that intend to achieve sustainable development?

A

Section 2 – economic objectives, social objectives and environmental objectives

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27
Q

Explain the fundamentals of the new Part S legislation?

A

Came into place in June 2022 and it gives in depth advice to help all new projects to comply with Part S of the building regulations by installing the appropriate charge points for electric vehicles. Part S applies to: new resi & non-resi buildings, buildings undergoing a material change of use to dwellings, resi & non-resi buildings undergoing major renovation and mixed-use buildings that are either new, or undergoing major renovation.

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28
Q

Apart from using LandInsight how would you look to collect new build and second-hand comparable evidence?

A

I would check Rightmove / Zoopla to understand what new build or second-hand properties are on the market for. Both of these websites also have a feature where you can see the sold prices of units (land registry have the same feature as well). I would also talk with estate agents to understand if they had sold anything in the area I was searching in and ask them to share comps / assumed pricing if they are able to.

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29
Q

Explain how you might also check the accuracy of a map that you might provide within a board report?

A

I would check who / what produced the map to understand if it was from a reputable / reliable source. I would also ensure it had a north arrow facing the correct way and a scale bar.

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30
Q

List the different types of measurement that could be used for measuring properties or land?

A

Measuring tape, rangefinders, aerial imagery, land software (check boundaries with the land reg) or a trundle wheel.

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31
Q

Explain the purpose of the RICS guidance note on the code of measuring practice?

A

The purpose of the code is to provide succinct, precise definitions to permit the accurate measurement of buildings and land.

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32
Q

Explain the difference between GIA, GEA & NIA and when you might use them?

A

GEA (Gross External Area): Town planning, council tax implications and build cost estimates for houses
GIA (Gross Internal Area): Estate agency, rating, build cost estimates for commercial assets and valuation for industrial / warehouses (approx. a 2-3% reduction from GEA).
NIA (Net Internal Area): Similar to GIA but for shops (approx.. 15% reduction from GIA) but is quite dependant on what it is being used for.

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33
Q

What key pieces of information does your client look for you to provide when you are undertaking a market appraisal?

A

£psf, capital value, sold date, type of property, freehold / leasehold and location of the unit.

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34
Q

Give an example of a market condition?

A

SDLT, rates, overseas buyers, development activity and interest / mortgage rates.

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35
Q

What are the limitations of a market appraisal?

A

They do not always account for the economic background / any market influences and they will not interpret the data i.e. they will not account for trends & hotspots, supply & demand etc.

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36
Q

Explain the purpose of CDM?

A

The CDM regulations aim to improve health and safety across all stages of a project’s development to minimise risk to workers and site visitors.

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37
Q

What is a duty holder in the context of CDM and provide a scenario when someone might become the duty holder?

A

A duty holder is a person or organisation that has legal responsibilities under the CDM Regs (2015) – they are responsible for managing the risk associated with construction project to ensure compliance with CDM guidelines.
An example of a duty holder could be the principal designer who is appointed by the client and manage, monitor and coordinate health and safety in the pre-construction phase of a project.

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38
Q

What is the purpose of the NPPF within the planning system?

A

The NPPF sets out how the government sees the planning system in England working in practice in accordance with primary and secondary legislation.
Primary legislation: acts of parliaments or statues – laws passed by the government
Secondary legislation: Codes, orders or regulations, these are laws made by ministers or other bodies under the powers given to them by an act of parliament.

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39
Q

Give an example of one of the relevant pieces of information you were required to include within your application at Rusper?

A

A biodiversity survey / report – these are required where development is likely to impact upon existing habitats and/or species.

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40
Q

What are the five methods of valuation?

A

Comparable method: uses market information to compare what you are trying to measure with other properties.
Investment method: used when there is an income stream to value – an implied growth rate is derived from the market capitalization rate (yield)
Discounted cash flow: seeks to determine the value of a property by examining its future net income or projected cash flow.
Profits method: Used where the value of the property depends upon the profitability of its business and its trading potential.
Residual & development appraisal method: Both are used to financially assess the financial viability of a scheme

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41
Q

Provide an example of when you have seen the value of a development site be affected when reviewing it?

A

When reviewing a site which had a detailed planning consent in Woodgate, I discovered that the landowner had signed up to a S.106 agreement which meant the incoming developer would have to pay c.£4m in 106 contributions. This meant that in order for me to produce a GPM satisfactory to my client, the value of land would have to significantly decrease.

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42
Q

Explain the purpose of the residual method and the potential pros and cons?

A

Residual appraisal: A specific valuation of a property holding to find the market value of the site based on market inputs – ‘at one moment in time’
Pros: accounts for all potential development costs, it provides a realistic value of site at a specific point in time, and it helps assess the viability of a project
Cons: Subjectivity of assumptions, speculative assumptions of the future, difficult to predict and requires detailed estimates.

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43
Q

Explain the purpose of the comparable method and the potential pros and cons?

A

Development appraisal: A calculation or series of calculations to establish the value/viability/profitability/suitability of a proposed development based upon the clients’ inputs
Pros: Easy to understand, based on actual market data, provides insights, reliable in a stable market, and widely accepted.
Cons: there can be a lack of comparable data (makes it inaccurate), subjectivity, market conditions, intangible factors (buyer / seller preferences), required access to sales data and doesn’t allow for future trends.

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44
Q

Explain how through value engineering you managed to reduce the build cost with your commercial team?

A

Myself and the commercial head reviewed the build cost inflation forecast over the expected project length and applied an accurate to include within the contingency pot. This produced a lower contingency than using my clients’ standard rates. We were required to present this to my client, and we got approval to proceed.

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45
Q

What is the difference between a residual and development appraisal?

A

A development appraisal is used to financially assess the viability of a development scheme, with inputs specific to the owner whereas a residual valuation uses market inputs to calculate the land value.
A development appraisal is prepared to reflect the particular circumstances of the developer rather an open market valuation.
Development appraisals have a role in residual valuations of development sites, but they are two different activities.

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46
Q

What are the fundamental inputs for a residual and development appraisal?

A

Build costs, professional fees, planning fees, marketing, letting & disposal costs, contingency and finance costs.

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47
Q

Name another external influence that may affect a development or residual appraisal?

A

Supply and demand – when engaging with HAs, they have suggested before that in certain areas / LAs there can be higher demand for rented products. This can often reduce the amount they can offer us as rent rates are often restricted through 106 agreements.

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48
Q

Where would you look to source accurate information on a build cost to inform a residual or development appraisal?

A

My client has internal commercial / estimating functions which I predominately use. If we were unable to, I would use the BCIS website.

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49
Q

How would you look to deal with potential build cost inflation for longer term residual or development appraisals?

A

I would incorporate a larger contingency pot into my appraisal to account for more opportunity for market conditions to be affected and subsequently increase build costs. I would not feel comfortable completing this task on my own and would look for my commercial team to produce this.

50
Q

Explain the process of ascertaining the GDV for an appraisal where you are looking to sell the site with a housing association partner?

A

Firstly, I would engage with a select few who I think may be interested in the site (could be on the LAs preferred list or may have existing stock in the area), provided I have interest, I would then compile a pack of info which contains EOI (containing all salient details), plans, house mix, market research, my client’s specifications, site photos and any key planning docs (106), I would then share all of this with the HAs at the same time and set the same bid deadline to receive all offers. I would wait until I have received all offers, compare them and provide feedback / ask any questions to ensure I was comparing them fairly. I do not always accept the top bid and those who are unsuccessful I would inform and provide reasoning why.

51
Q

How did you know what the vendors were willing to sell the land for in your North Mundham Development appraisal?

A

The instructed selling agent provided a guide price within the sales particulars that were provided to my client when the site was launched onto the market.

52
Q

Explain the process of understanding that your Westergate development appraisal was not proceedable due to the limitations caused by flood zone 3?

A

I looked through the Gov.UK website and found the flood zone map for Westergate, I then compared this to the site location plan which I had been provided. By overlaying these two plans I discovered that the about half of the site was located within flood zone 3 and subsequently I made the fair assumption that half of the site’s capacity was reduced.

53
Q

What other ways could you have identified a GDV for your development appraisal at Midhurst?

A

I could have undertaken a comparable valuation of the other properties that have sold around the wider site. The reason I did not proceed with this strategy was due to the sales data being quite dated and I felt this would not be able to provide a fair reflection of the likely sales prices of the units within my appraisal. I explained this to my client, and they agreed.

54
Q

How did you go about producing an alternative mix to inform your residual appraisal for the site in Datchet?

A

I broke the down the consented mix to understand what split of bed rooms was being achieved on a percentage basis as this precedent had already been set and approved by the council. I followed the same split of units but with smaller unit types.

55
Q

Was the additional risk quantified within your amended 80 unit mix residual appraisal for Datchet and how did you manage this with your client?

A

My client was happy to proceed at the same GPM. I provided an overview of the expected timescales and explained how limited the risk was to them.

56
Q

How did you ascertain your NMA budget for your residual appraisal on your amended 80-unit residual appraisal on Datchet?

A

I consulted with my internal planning team who produced a budget for me to include within my appraisal.

57
Q

What are the essential details that are included within a development or project brief?

A

Client information, site details, project objectives, design parameters, budget & timeline, planning considerations, stakeholder engagement, technical requirements and performance criteria.

58
Q

What other site constraints did you identify on your site in Havant and how were they incorporated by the architect?

A

All homes are required to meet NDSS, Havant BC open space policy, the site only has one vehicular access and no units over 2 storeys to be constructed on the eastern boundary.

59
Q

How did you identify the easement that was running down the west side of your site in Havant?

A

I collected the title plan and register from the land registry which contained this information.

60
Q

Explain the difference between a development and project brief?

A

Development brief: a brief to stimulate interest and help make a business case for the development of a site.
Project brief: a brief intended to influence and control the form and uses that a desired development will take.

61
Q

What risks did you identify and explain to your client within your development brief on Finchampstead?

A

Potential planning risk (abortive cost) – not an allocated site, BNG given its current use as a greenfield piece of land, landscape concerns (raised in the previously withdrawn application, potential CIL liability and unidentified technical issues.

62
Q

Define a greenfield development opportunity?

A

A greenfield sire is a piece of land that has not been developed or built on before or has been significantly cleared of buildings and infrastructure.

63
Q

How did you go about assessing the site constraints for your development brief on Walberton?

A

The LandInsight tool has a feature where you are able to assess a site from a planning policy perspective, so I collected all of this information and then collated this into a brief explaining all of the site’s constraints from a planning policy perspective.

64
Q

From a planning perspective, why did you think the development site in Walberton was not worth proceeding with?

A

The site was protected by paragraph 14 of the NPPF which protects Neighbourhood Plans where they contain policies and allocations to meet identified housing requirements. Therefore the site was too long term for my client and therefore I suggested we do not proceed.

65
Q

Explain the different types of grading for listed buildings?

A

Grade I: Buildings of exceptional interest
Grade II*: Buildings of more than special interest
Grade II: Buildings of special interest

66
Q

What constraints did you identify within your development brief at Berewood?

A

The two parcels did not benefit from the same wider outline consent and therefore there was not a precedent for development set however the main constraint was the quantum of development that the site could accommodate which was under the minimum number units that my client would deliver.

67
Q

Were there any value implications of delivering these additional features?

A

I did not add any additional value for these units within my appraisal. If I was too I would have engaged with a New Homes agent as I would not have been able to make my own assumptions.

68
Q

How did you ascertain the density that was being achieved on the wider site at Berewood to establish the potential development yield of your sites?

A

I reviewed the other RM applications that had been submitted and approved on the wider site to understand the average density that was being achieved on a dwelling per acre basis. I discovered for this number to be around 10 and therefore advised that these two parcels would be able to deliver c.25 units.

69
Q

Were there any other considerations other than the density that made you advise against proceeding?

A

This was the main reason for my advice against proceeding however, the fact that these parcels did not benefit from the same wider outline consent presented another risk to my client.

70
Q

Explain the purpose of the Planning & Compulsory Act (2004)?

A

The planning & compulsory purchase act was introduced by the government in 2004 to speed up the planning systems – the main purpose was to make the process for handling planning applications more efficient and quicker, reform the plans system, including abolishing county structure plans and introducing regional spatial strategies and speed up major infrastructure projects.

71
Q

Explain the process of how local plans are prepared and adopted?

A

The key steps are as follows:
Evidence gathering and initial consultation – collect data on demographics, housing need, economic factors etc and then conduct initial consultations with residents, businesses, neighbouring authorities etc.
Option development and consultation – develop different planning options based on the collected evidence and feedback and then publish these options for further public consultation to gather input on preferred development strategies.
Public consultation on draft plan – publish the draft local plan for a statutory consultation period, allowing residents and stakeholders to submit comments and objections. The council will also respond to feedback and address concerns raised during this stage.
Submission and examination – Submit and finalise draft local plan to the government for examination by an independent planning inspector, they will check that it complies with national policy and legal compliance. Public hearings may be held to address outstanding issues.
Modification and adoption – Incorporate changes based on the inspector’s report and address and identified issues. Once this has been complete the LPA formally adopts the local plan.

72
Q

Explain what the purpose of the infrastructure levy is?

A

The infrastructure levy was introduced to raise money from developers to pay for the infrastructure needed to support new development.

73
Q

When is CIL liable?

A

The levy is payable on development which creates new or additional internal area where the gross internal area of the new build is 100 square metres or more.

74
Q

Explain what a SHMA is and the purpose of it?

A

A SHMA is a study that helps councils understand how the housing market works – it’s used to develop policies and strategies for housing, planning, economic development and regeneration.
A SHMA helps with: understanding the housing market, estimating housing needs, informing policies, improving the understanding of housing stock.

75
Q

What does being located outside of a built-up area boundary mean?

A

Land that is considered to be countryside, beyond the defined edge of a town or village, where development is typically restricted and subject to stricter planning policies.

76
Q

What would be an example of a supplementary planning document that a council might use?

A

A design guide (for certain areas), planning obligations document or affordable housing policy.

77
Q

What is the purpose of a council’s strategic land availability assessment?

A

The purpose of a SHLAA is to identify and assess sites for housing and employment development. This assessment helps inform the plan-making process by providing evidence on the availability and achievability of sites for development.

78
Q

What was the CIL rate of Havant at the time of reviewing the site within the borough?

A

£170.09psm (2024) for one or more residential dwellings.

79
Q

As per section 57 of the town and country planning act (1990), explain where might a planning permission be required?

A

Subject to the following provisions, planning permission is required for carrying out any development of land:
Where planning has been granted for a limited period, planning permission is not required for the resumption at the end of that period of its use for the purpose for which it was normally used before the permission was granted.
Where by a development order planning permission to develop land has been granted subject to limitations, planning permission is not required for the use of that land which is its normal use.
Where an enforcement notice has been issued in respect of any development of land, planning permission is not required for its use for the purpose for which it could lawfully have been used if that development had not been carried out.

80
Q

What is the role of the planning system?

A

The planning system is to ensure that development is in the right place and at the right time, balancing the needs of the community and the environment.

81
Q

When was the new BNG policy introduced?

A

February 12th, 2024.

82
Q

When is a planning permission required for new development?

A

Planning permission is generally required new development if the work meets the statutory definition of development. Which is designed as: building something new, making major changes to an existing building, such as an extension, changing the use of a building or land, altering the external appearance of an existing building, converting into houses or flats, engineering operations (groundworks), mining operations or a subdivision of a building used as a dwelling house.

83
Q

Explain the process of ascertaining how much open space would be required on your development site in Havant?

A

Havant BC policy states that 15sqm of open space should be provided per person that the new development creates. Havant also state how many people each unit type would permit. I therefore worked through our proposed housing mix and calculated that 172.5 people would be generated by this scheme which meant 0.64 acres of open space would need to be provided.

84
Q

What were the key pieces of local policy in relation to design in Rusper?

A

Rusper Neighbourhood Plan

85
Q

What documents are required to submit a planning application?

A

To submit a planning application, the following documents are typically required: application form, location plan, site plan, elevations & floor plans, relevant fee, design & access statement and any other relevant reports.

86
Q

What is a habitat management plan?

A

A habitat management plan is a guide that helps land managers maintain or improve the biodiversity of their habitats

87
Q

What constitutes major development?

A

Major development is a development that meets one or more of the following criteria: the development involves 10 or more dwellings, involves creating 1,000 sqm or more of floor space, and the site is bigger than 0.5 ha.

88
Q

What is a proving layout?

A

A proving layout is a document that demonstrates whether a development scheme is feasible and can be delivered on the ground.

89
Q

Explain what a Reg 19 plan is and what weight does this have in a planning sense?

A

Regulation 19 is the final stage of public consultation for a Local Plan in England before it is submitted to the Secretary of State for examination. It is a formal process that allows local communities, businesses, and other stakeholders to comment on the proposed policies for an area.

90
Q

Can pre-app advice be relied on?

A

Sustainable development, consistency with the NPPF, Identifying areas for development, protecting open space and producing a framework for future development.

91
Q

Provide an example of a local plan requirement?

A

Pre-application advice can be helpful, but it’s not a guarantee that a planning application will be approved

92
Q

What design advice did you provide?

A

I provided the architect with the Havant BC Design Guide (SPD)

93
Q

Where can you view other planning applications?

A

On the local authorities planning portal. The LandInsight tool also allows me to view planning applications.

94
Q

How did you discover the housing land supply position of Waverley BC for your potential development site in Cranleigh?

A

I looked at Waverley BC’s annual position statement.

95
Q

What implication do a council face if they have a 3.89-year HLS?

A

This will mean that the tilted balance would be engaged which In planning, the tilted balance is a policy in the National Planning Policy Framework (NPPF) that favours sustainable development. It’s a shorthand term for the presumption that planning permission should be granted unless there are compelling reasons to withhold it

96
Q

What implication does a site face if it is classified as countryside?

A
97
Q

What is a TPO?

A

A TPO is usually made by a local planning authority to protect a specific tree or woodland from deliberate damage and destruction.

98
Q

What implication does a site face if it is classified as countryside?

A

Countryside land is land that is located outside of towns, cities, and industrial areas, and is either used for farming or left in its natural state and there is normally push back from councils on land that is outside of the BUAB.

99
Q

How did you discover that were the TPOs on the site in Cranleigh?

A

Waverley BC have an online planning map which shows where TPOs are located.

100
Q

Explain what is meant by ‘less than substantial harm’?

A

a term that refers to a level of negative impact on a heritage asset that is considered minor or moderate, falling short of significantly altering or destroying its significance. The proposal in question would have a noticeable impact but not fundamentally change how the asset is appreciated.

101
Q

What mechanisms are in place upon a refusal of an application?

A

Adjust your plans - Try to come to an agreement with the local planning authority (LPA) by making minor changes to your proposal.
Appeal - You can appeal the decision to the Planning Inspectorate if you believe the refusal was against the LPA’s development plan or policy. You can find the appeal procedure details on the refusal notice.
Apply to the Secretary of State - You can apply to the Secretary of State to overturn the council’s decision

102
Q

What could be provided as ‘considerable benefits’?

A

Over delivery of affordable housing.

103
Q

Define brownfield land?

A

Land that has been previously developed and is no longer in use - AKA PDL.

104
Q

Explain the different ways that as site can be marketed by agent? Informal tender etc

A

Private treaty – the method of sale whereby an owner or agent places a property on the market with a view to negotiating a sale with any interested party.
Informal tender – the method of sale where offers are invited up until a given date. It can be used alongside other methods of sale e.g. private treaty to conclude negotiations with multiple parties.
Formal tender – the method of sale whereby parties are requested to submit sealed bids with no opportunity to withdraw or change their bids.
Auction – A method of sale whereby a property is sold in an auction to the highest bidder.

105
Q

What did summarising the planning policy position of the site intel?

A

Reviewing previous planning applications on the site, assessing the Rusper Neighbourhood Plan, understanding the status of the current Horsham Local Plan, reviewing the housing land supply of the council and understanding the current affordable housing position.

106
Q

What items were included within the bid checklist set by the agent?

A

Confirmation that the offer had board approval, set out assumed timescales for the project, confirmation of the amount offered as a deposit, provide proof of funding, contact details of the solicitor we would use and an assumed planning strategy.

107
Q

Why were you not able to just use the existing access and assume less units were delivered on site?

A

My client has a minimum units that they are willing to deliver on a site. From discussions with the transport consultant, they felt the amount of development that could be provided from the existing access would fall under this number.

108
Q

Explain what the risks were of following option 3 and progressing at risk?

A

Reputational damage, abortive cost and poor use of internal resource.

109
Q

Explain what a s278 agreement is?

A

A S278 agreement is a legal agreement between a developer and a council that allows the developer to make changes to a public highway as part of a planning application.

110
Q

Explain how you might have ascertained budgets and a build cost without the use of your internal teams?

A

I would have used the BCIS website and found an average £psf to include within my appraisal.

111
Q

How did you know how much to allow for the associated access works?

A

I discussed this with our internal commercial team who put together a budget – I would not be qualified enough to undertake this myself.

112
Q

How did you go about collecting this new build comparable evidence?

A

The LandInsight tool has a feature where you are able to search for and download new build comparable evidence. I also looked on Rightmove to understand what new build properties were being sold for around Rusper.

113
Q

How did you ascertain that a 36-unit scheme was comparable to other developments nearby?

A

I researched recently consented schemes in locations similar to Rusper (other villages) to understand how sort of density’s were being achieved. I compiled this into a list and then presented my findings to my line manager who approved. I also looked at the two previously refused applications to see what the site could accommodate but made clear to my client that these had been refused.

114
Q

Why did you assume limited sales & marketing costs within your fully affordable appraisal?

A

When we forward sell a whole site, we have no sales risk as the purchase price has already been agreed. My client therefore does not need to assume any sales and marketing costs as we can guarantee income from the site.

115
Q

Why did you assume no CIL in your fully affordable appraisal and how did you get comfort this was a sensible assumption?

A

On the Horsham District Council website it states that CIL regulations provide for exemption and relief in certain circumstances, this includes affordable housing developments.

116
Q

What were the metrics that you changed when increasing unit numbers on a fully affordable basis?

A

Planning costs (on a per plot basis), tech fees (on a per plot basis), Build cost on £psf basis (and subsequently contingency) SDLT, CIL, Sales & Marketing costs and GPM.

117
Q

Give an example of how you followed the RICS rules of conduct throughout this case study?

A

Rule 2: I only ever provided advice on topics which I felt I had the necessary expertise in.
Rule 1: All of the evidence I provided to my client that accompanied my advice was reliable and well-informed.

118
Q

Give an example of how you made sure your findings were always appropriate to the project?

A

I had a clear strategy which I followed throughout the whole project and would ensure I only collected and presented findings that were relevant to this bid. An example of this would be making sure I was only reviewing planning policies that were relevant to this site, i.e. as some of this site is greenfield not green belt, any national policy on the green belt was irrelevant. Given the time constraints this was essential to producing a well-informed bid.

119
Q

Instead of increasing unit numbers (which potentially offer more risk out of your control) why did you not look to reach the target land value in other ways?

A

One other way I could have potentially explored reaching the target land value on the fully affordable appraisals was to reduce build cost. However I felt the potential risk of doing so was higher than increasing unit numbers and given the expected length of this project, the build cost was subject to more unidentified risks than increasing unit numbers. I also could have looked to increase the coverage on my fully affordable appraisals, but I know that HAs do not want larger units and this will subsequently reduce their offer on a £psf basis.

120
Q

Aside from profit, what other metrics does your client look for?

A

My client also focuses on ROCE and peak cash. These are both metrics that my client looks for us to provide post bids and once we understand if we have been selected as the preferred party.