12 Planning and Development Management Flashcards
1
Q
What legislation governs Planning?
A
- The Town and Country Planning Act (1990)
- The Localism Act (2011)
- The National Planning Policy Framework (2024)
2
Q
What does the Town and Country Planning Act (1990) set out?
A
The definition of development as:
“building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or land”
Building = demolition, rebuilding and structural alterations
3
Q
What does the Localism Act (2011) set out?
A
Gives more autonomy as a local level by transferring powers from central to local government.
4
Q
What does the Localism Act (2011) encourage?
A
- Communities have rights to permit development without planning permission with the focus on neighbourhood planning
- Statutory duty for LPAs to co-operate on planning matters
- Developers are obliged to consult local communities
5
Q
When was the NPPF last revised?
A
12th December 2024
6
Q
What does the NPPF set out?
A
Planning policies for England and how they are expected to be applied
7
Q
What do the December 2024 revisions to the NPPF include?
A
- Grey Belt
- Green Belt
- Golden Rules
- Standard Method
8
Q
What were the NPPF (December 2024) revisions to the Grey Belt?
A
A new designation for some sections of land currently designated as Green Belt, the Grey Belt.
Land in the Green Belt comprising previously developed land / land that does not contribute.
E.g. Quarries, car parks, golf courses, solar parks, caravan parks, camp sites.
9
Q
What were the NPPF (December 2024) revisions to the Green Belt?
A
Adds guidance on where building homes or other developments could be appropriate, including:
- Utilise Grey belt land and not undermine remaining Green Belt
- Demonstrable unmet need for the type of development proposed
- Development would be in a sustainable location
- Where the development meets the ‘Golden Rules’
10
Q
What were the NPPF (December 2024) revisions to the Golden Rules?
A
The Golden Rules serve as guidelines on contributions that should be made. Contributions include:
- Affordable housing
- Improvements to local or national infrastructure
- Provision of new / improvements to existing green space.
Developments which comply will be given “significant weight in favour”.
11
Q
What were the NPPF (December 2024) revisions to the Standard Method?
A
The Standard Method is a formula used by LPAs to establish minimum housing need.
The revised method uses a two-step approach:
1. Setting a baseline using 0.8% of existing stock for the area
2. Adjusting to take account of affordability. The baseline figure is adjusted using an adjustment factor calculated using the five-year average affordability ratio.
12
Q
What does the NPPF (December 2024) revisions to the Standard Method rebaseline London’s housing need as?
A
87,992 additional homes per annum
The London Plan only targets 52,000
13
Q
What is the planning application process?
A
- Establish whether planning permission is required.
- Pre-Application advice (discuss proposals before submitting)
- Local information requirements list (what to include)
- Application Fee
- Submit your application
- Validating your application
- Consultation and notification (including opportunity for public to comment on development proposal)
- Site visit and assessment (case officer visits and makes a recommendation)
- Decision
14
Q
What are the two different types of planning application?
A
- Outline (to establish the principle for the development)
- Full (for full consent)
15
Q
What are other types of planning permissions?
A
- Hybrid
- Reserved Matters
- Listed Building Consent
- Lawful Development Certificate
- Removal / Variation of Conditions
- Approval / Discharge of Conditions
- Non-material Amendment of an existing planning permission
16
Q
What is a hybrid permission?
A
Seeks outline permission for one part and full permission for another part of the same site
The fee for each part is separate
17
Q
What is reserved matters permission?
A
Required when the applicant already has outline planning permission (cannot be used as a stand-alone application for planning permission)
Outline planning applications are used to understand whether the nature of the development is acceptable, which can help ensure viability upfront
Reserved matters applications must be submitted to gain the right for the development and deals with outstanding details which were omitted from the outline planning permission
18
Q
What does a reserved matters application seek permission for?
A
- Appearance
- Means of access
- Landscaping
- Layout
- Scale
19
Q
What information should be included in a reserved matters application?
A
- Site Plan
- Location Plan
- Matters which were reserved (appearance, access, landscaping, layout, scale)
20
Q
What are timescales for reserved matters application?
A
Approved within 8 weeks of the validation date
Up to 13 weeks if EIA
Permission lasts for 2 years from reserved matters approval, 3 years from outline approval
21
Q
What does a listed building application seek approval for?
A
Applications requiring alteration, extension or demolition to a listed building
22
Q
What is the purpose of listed building consent?
A
Type of planning control used to protect buildings or special architectural or historical interest
23
Q
What is a listed building?
A
Building, object or structure that has been judged to be of national importance in terms of architectural or historical interest and included on a special register called the ‘List of Buildings of Special Architectural or Historic Interest’
24
Q
What are the grades of listed buildings?
A
- Grade 1: Buildings of exceptional interest
- Grade 2*: Particularly important and more than special interest
- Grade 2: Buildings of special interest, warranting every effort being made to preserve them (this is the most common)
25
What is the timeline for listed building consent?
8 weeks from the validation date (including a 21 day consultation period)
26
What is a Lawful Development Certificate?
A legal document stating the lawfulness of past, present and future building use, operations and other matters
Signifies that enforcement action cannot be carried out against the development
However, the certificate will not protect from enforcement action if the specified use is changed 'materially' without a planning application
27
What are timeframes for Lawful Development Certificates?
- Operational development: 4 years
- Change of use to a single dwelling house: 4 years
- Any other breach of planning control: 10 years (after that, the breach is immune from planning control and becomes lawful, and a certificate can be obtained)
28
What are planning conditions?
Planning conditions are applied to the grant of planning permission
They limit / control the way in which the planning permission must be implemented
They aim to improve the quality of planning applications through the mitigation of any adverse effects
Pre-application discussions between the applicant and LPA can help reduce the need for planning conditions to be placed
29
What is a Section 73?
The removal or variation of planning conditions
30
What must Planning Conditions be?
- Reasonable
- Relevant
- Enforceable
31
What does an application for the removal or variation of conditions seek permission for?
Also known as Section 73
Change / remove conditions which have been previously imposed
Proof will have to be submitted that the conditions are no longer relevant or reasonable
8 weeks from the date of validation
If no decision made within 12 weeks, the LPA must return the fee
32
What does the discharge of conditions seek permission for?
You can apply to have conditions discharged (approved) so that your development can begin
You will be required to detail how you intend to meet the conditions (e.g. the materials you will use) or provide supporting information to demonstrate compliance (e.g. a traffic assessment)
8 weeks from the date of validation
If no decision made within 12 weeks, the LPA must return the fee
33
What does a non-material amendment seek permission for?
To approve a minor change to the planning permission and does not breach any conditions originally placed on the consent.
34
What is considered non-material?
No statutory definition but could be:
- Minor changes to what was described in the planning permission
- Changes which do not breach conditions of planning permission
- Changes which do not increase the height of the property
Decision within 28 days of validation
35
What is a Section 96a?
A non-material amendment
36
What is considered a material change vs a non-material change?
Non-material: Not a significant change (Section 96a). They are subject to the original conditions and time limits.
Material: A new planning application may be required.
37
What is an example of a material amendment?
- Increasing size
- Changes to windows opening onto neighbouring properties
- Altering description of development
- Changes to application site area
- Significant alterations to the design or the siting of the proposals
- Changes that would affect objections to the original proposals
38
What is Pre-Application advice?
Smaller applications:
- LPAs encourage applicants to discuss proposals before submitting
- Helps applicant identify areas that might need to change to make acceptable / understand what info to submit to ensure LPA can accept application
Larger applications:
- Establish the development potential of a site before committing to detailed design work
- Guidance on whether a site is suitable for development and the type of development that would be appropriate
39
What are different types of pre-application advice?
- Listed building advice
- Small & medium proposals
- Planning enforcement advice
- Major applications (10+ units / 100 sqm+)
40
What is included in pre-application advice?
- Pre-Application advice
- Design Review Panels
- PPPAs
41
What are the benefits of pre-application advice?
- Clarity on planning policy specific to site
- Proposals assessed by officers, senior managers and technical officers at an early stage
- Steer projects to ensure they are attractive to the community and acceptable to the LPA
- Reduce risk of unsuccessful applications and therefore costs
- Better awareness of possible planning conditions, S106 agreements and CIL
- Clarity on what documents to submit
- Quicker planning decisions
42
Who encourages pre-app discussions?
The Government
LPAs are under no obligation to speak to an applicant and can charge for the service
43
What is a Design Review Panel?
Panel of independent experts such as architects, landscape architects, urban designers and sustainability experts.
They review significant development proposals to improve the quality of buildings and places through planning.
44
What is a PPPA?
Project Planning Performance Agreement
- Sets timescale
- Facilitates pre-app meetings with LPA and other stakeholders
- Facilitates guidance from the DRP
45
Which other consultees should be referred to as part of the pre-app process?
In Newham:
- LPA
- Environment Agency
- Natural England
- Historic England
- Met Police
- Thames Water
- Port of London Authority
- London City Airport
46
During a pre-app, what should you consider regarding your client?
- Competence, independence, terms of engagement (CIT)
- Objectives
- Details of proposed development
47
During the pre-app, what should you consider regarding the property?
- Postal address
- Whether client owns all of land
- Check boundaries of site
- Are they leaseholder / freeholder?
- Position with any tenancy
- H&S issues
48
During the pre-app, what should you consider regarding any planning issues?
- Check LPA policy for the proposed development and pre-app consultation
- EIA needed?
- Is the property listed or in a conservation area?
49
During the pre-app, what should you consider regarding the proposed development?
- Overlooking / noise issues
- Flood risk potential
50
During the pre-app, what should you consider regarding highways and access?
- Do rights of access exist?
- Will an additional access be required?
- Are there public rights of access over the land?
- If parking is needed, what are the LPA standards?
- Will a green transport plan be required?
51
During the pre-app, what should you consider regarding services?
- Check availability and proximity
- Any shared?
- How will surface and foul water be dealt with?
52
During the pre-app, what should you consider regarding the environment?
- Consider the ecology, is there a TPO?
- Are there any contamination issues?
53
What is included in a Planning Application?
- Application form
- Fee
- Ownership certificate
- Agricultural holding certificate
- Location plan (1:2500)
- Site plan (1:500)
- Drawings (1:50)
- Flood risk strategy
- Listed building appraisal / heritage statement
- Regeneration statement
- Retail assessment
- Sustainability assessment
- Tree survey
- Ecological assessment
- Scoping study for EIA
- EIA statement
- DAS
- Transport assessment
- Travel plan
54
What are validation requirements for planning applications?
- National core list
- Local list (specified by LPAs)
- Via Planning Portal or by paper (3 copies)
55
Who are statutory consultees?
- Environment Agency
- GLA
- HSE
- Highways
- Historic England
- LPAs
- Natural England
- Sport England
-
56
Following validation, what types of consultation are undertaken?
- Public consultation
- Statutory consultees (requirement set out in law to consult them)
- Direction (further statutory consultees)
- Non-statutory consultees (not designated in law, but are likely to have an interest)
21 days for consultation period
57
What are determination period timescales?
8 weeks: Minor
13 weeks: Major
16 weeks: Major & EIA
Officers can extend to allow time to resolve outstanding planning issues
58
What is twin tracking?
NOT ALLOWED
Twin-tracking occurs when an applicant simultaneously submits two or more planning applications for the same development proposal but with varying details, often to increase the likelihood of obtaining permission
59
How many days before Planning Committee should the Committee Report be produced?
3 days
60
What happens if there is a recommendation for refusal?
The applicant can withdraw the proposal
61
What is a S106?
Legally binding contract between LPA and Applicant:
- Set of planning obligations
- Site specific
- Entered into before planning consent is granted
62
What are the S106's three legal tests of necessity?
1. Necessary to make the development acceptable in planning terms
2. Direct relationship to the development
3. Fair and reasonably related in scale and kind to the development
63
What kind of things go in a S106?
- Specific works
- Financial contribution e.g. to cost of new school / community facility/ open space
64
How is a S106 agreed?
Negotiation
No fixed charging schedule
65
What is CIL?
Payments from developers to raise funds for infrastructure necessary to support development in the area
Aim of CIL is to:
- Reduce considerable negotiations required to complete a S106
- Standardised
- Speed up planning approach with viability testing
Includes:
- Local and sub-regional infrastructure to support the development of an area including road and transport facilities, flood defences and open spaces, schools / education / medical / sporting facilities
66
How is CIL calculated?
Charging schedule based upon the square metre of additional floor space
Based on formulae that relates to the size / change to the size of a development based on net floor space
67
What developments are exempt from CIL?
Development proposal less than 100 sqm of GIA
68
What is used to initiate CIL?
Assumption of Liability Notice (ALN)
69
Does S106 or CIL cover affordable housing?
S106
NOT CIL
70
What legislation governs CIL?
CIL regulations (2015)
- Different rates for alternative models of social housing
- Instalment policies can assist the viability and delivery of development
- Restrictions for pooling S106 obligations
71
As of September 2019, what are LPAs required to do in relation to S106 and CIL money?
Annual report on how much money has been collected from S106 and CIL payments and where the money has been spent
72
What is CIL vs S106 used for?
CIL - all infrastructure necessary to support development
S106 - only to make the development acceptable in planning terms, directly related to the development
73
Can CIL or S106 be used to secure affordable housing?
Only S106
74
What are the charges for CIL vs S106?
CIL - Charging schedule for whole area
S106 - Site specific charge
75
How is CIL vs S106 calculated?
CIL - Tariff based charging system based on increase in floor area of the scheme
S106 - By negotiation
76
How is viability tested in CIL vs S106?
CIL - District wide level at the evidence gathering stage
S106 - Case by case basis
77
When could you appeal a planning decision?
Appeal against a decision or onerous condition within 6 months of planning consent
78
How can appeals be heard?
- Written statement
- Informal hearing
- Planning inquiry (larger complex cases where cross examination may be required)
- Decisions 'called in' by Secretary of State
79
What is a financial viability assessment?
Assesses whether a project should proceed
If value (revenue) exceeds costs with an allowance for profit (i.e. the residual method) then it is viable
It basically shows how much AH it can provide (so whether it can meet its planning requirements)
80
Why are FVAs important?
Data based
Transparent to both developer and LPA
Used to negotiate obligations and secure best outcome for everyone
E.g. an FVA can reveal that the required level of AH would render the project unprofitable, so the level can be lowered
81
What governs FVAs?
RICS Professional Standard: Financial Viability in Planning: Conduct and Reporting (1st Ed, May 2019)
82
What does the RICS Professional Standard: Financial Viability in Planning: Conduct and Reporting (1st Ed, May 2019) set out?
- Practitioners must act with impartiality, objectivity and transparency
- Valuation judgments must be rational, realistic and reasonable
- Practitioners must employ evidence-based judgement, collaboration, transparency, standardised approach
- FVAs must also include sensitivity analyses and non-technical summaries
83
What else governs FVAs?
RICS Professional Standard: Assessing Viability in Planning under the NPPF (2019 for England, 1st Edition, March 2021)
84
What does RICS Professional Standard: Assessing Viability in Planning under the NPPF (2019 for England, 1st Edition, March 2021) set out?
- Supplements 'FVA in Planning (2019)'
- Includes applicability of the Red Book
- Assist in delivery of local planning in accordance with the NPPF
- Advice on roles of assessors and stakeholders, as well as reporting approaches
- FVAs methods explained: sensitivity testing, BLV, EUV and AUV
85
What is an Enforcement Notice?
Details breach of planning control and what action needs to be taken to remedy the breach, including how long the owners have to remedy the breach ('period of compliance'
86
How long must a building have existed for before it can be protected against enforcement?
10 years
87
What is a Stop Notice?
- Prohibits the continuation of any activity that is set out in an enforcement notice
- Only operates following an enforcement notice
- Failure to comply leads to £20,000 in Magistrates Court and unlimited fine in Higher Court
- No appeal provision
88
What governs use classes?
The Town and Country Planning (Use Classes) (Amendment) Regulations (2020)
89
When were the use classes updated?
September 2020
90
Why were the use classes updated?
To provide more flexibility in what buildings can be used for
91
What were the new use classes?
E - Commercial, business and services
F1- Learning and non-resi
F2 - Local community
Sui Generis - It's own kind
92
What do LPAs check when changing use?
Impact of proposed changes on:
- Highways
- Flooding
- Contamination risks
- Noise
93
What is use class B?
Industrial
94
What is use class C?
Residential
95
What is use class E?
Commercial, business and service
96
What is use class F?
Local community and learning
97
What are Permitted Development Rights?
98
What governs permitted development rights?
Town and Country Planning (General Permitted Development) (Amendment) Order 2021, amended in 2024
99
What did the PDR Order introduce?
- Further permitted changes of use
- Notably permitted development Class MA which introduces the right to change the use of premises from commercial, business or service purpose to use as a dwelling, i.e. from E to C3
100
Do Permitted Development Rights apply in Conservation Areas, AONB and National Parks?
Not always
101
What actually are Permitted Development Rights?
- Where planning permission is not required, there are now permitted development rights for change of use
102
What governs listed buildings?
Planning (Listed Buildings and Conservation Areas) Act 1990
Maintained under MHCLG
Administered by Historic England
103
What are the six principles of listed buildings?
Age
Rarity
Selectivity
National interest
State of repair
Aesthetic merit
104
What are Conservation Areas?
Special architectural or historic interest, the character of which is desirable to preserve or enhance
Planning consent is required for any demolition of a building in a conservation area
105
Are all trees protected?
Trees in conservation areas are protected
106
What are Tree Preservation Orders (TPOs)?
- Listed for protection
- Offence to cut down, lop, damage, or destroy a tree with a TPO without written consent
- Fine of £20,000
107
Where are TPOs recorded?
Local Land Charges Register
108
What is an EIA?
- Systematic process used to identify, predict, and evaluate the environmental effects of the proposed development
- Considers flooding, ecology and pollution
109
What about demolition of buildings?
- Planning Consent is required for the demolition of commercial buildings, listed buildings and buildings in Conservation Areas
- You most likely need it for resi too
- An EIA is also required
110
What is Article 4?
Issued by LPAs where control over a development is required
111
Why would an Article 4 be issued?
Usually where the character of an area of acknowledged importance would be threatened
I.e. in Conservation Areas
They are registered as a Land Charge
Compensation may be payable to a property owner who cannot obtain permission for development which would otherwise be treated as permitted development
112
What is an Enterprise Zone?
Benefits include:
- Business rates discount
- Tax breaks
- Simplified planning process
Aim:
- Encourage growth and create jobs
113
What governs Student Rented / HMO Accommodation?
Licensing of Housing in Multiple Occupation Order (2018)
- Attempts to breakup clusters of HMOs
- LL must carry out safety measures
- Mandatory licensing is required where there are 5+ people
114
What does the Infrastructure Act (2015) permit?
- Amend legislation to make it easier to convert empty / redundant buildings
- Supports brownfield regeneration
- Enables surplus / public sector land to be sold more quickly by cutting red tape
- Ends delays on projects that have permission
- Allows Land Registry to create digitised local land charges register that improves access to data, standardise fees and improve turnaround times
- Gives local communities right to buy stake in renewable energy infrastructure projects
115
What does the Housing and Planning Act (2016) set out?
- Increase in construction of starter homes
- Provide Sec of State with more powers to intervene in neighbourhood planning functions of LPAs
- Power for the Sec of State to grant development consent for housing linked to an application for a nationally significant infrastructure project (NSIP)
- Removal of National Infrastructure Commission
116
What does the Neighbourhood Planning Act (2017) set out?
- Strengthen neighbourhood planning, aiming to free up more land to build houses and speed up planning process
- Streamline CPO
- New rules pre-commencement planning conditions
117
What is CPO?
Used by firms or LPAs to compulsorily acquire land or property in order to support building development, regeneration and infrastructure projects that are in the public interest
118
How would you determine the type of planning permission required?
- Identify the scope of what you are applying for (new build, major change, minor change, change of use)
- Refer to the Planning Portal, choose whether you are an individual, business, or building professional
- It lists out the types of planning consents you can apply for
- Alternatively, contact your local LPA
119
If you have a listed building, what planning permission should you apply for?
Listed Building Consent
120
If you are changing use, what planning permission do you apply for?
Material amendment.
Planning permission is needed when permissions constitute a 'material change of use' i.e. between different Use Classes.
A material change is not actually defined in planning legislation and is determined on the individual merits of each case. However, include a change in the use of a building or land that may affect local amenities, including parking, noise, and traffic.
121
If you are making a major change such as changing use class, what planning permission do you apply for?
Material amendment
122
If you are making a minor change, what permission do you apply for?
Non-material / S96A
123
If you undertook construction work without planning permission, what could happen?
An enforcement notice could be issued
124
If you ignored an enforcement notice, what could happen?
- Offence not to comply
- Once period of compliance (to submit application) has elapsed, there is no option to appeal
- Liable to conviction to an unlimited fine
125
If you ignored a stop notice, what could happen?
When an LPA issues an enforcement notice or has issued an enforcement notice, a stop notice can be issued
Issued if a breach of planning control is causing serious or irreparable harm and immediate action is necessary
E.g. if they believe there is a breach of planning control (development without planning permission / failure to comply with a condition / failure to comply with a limitation stipulated on permitted development rights)
126
When might you not need planning permission?
If a building has permitted development rights.
They are usually:
- Industrial / warehouses
- Outdoor signs / adverts
- Demolition (but you must get approval to demolish)
127
Do you have to have approval to demolish a building?
In majority of cases yes you must have permission / prior approval
Especially if in conservation area, is a listed building, is a pub, concert hall, theatre, unsafe dwelling, memorial etc.
128
What are Community Rights?
If your development benefits the local community and the community support it, you may not have to go through the normal planning permission process. Neighbourhood Planning lets your community grant planning permission directly under certain circumstances.
129
What happens if your application is refused?
- Come to an agreement with the LPA as to how you can adjust your plans
- Appeal
130
What can you appeal against?
If an LPA...
- Refuses your application
- Grants permission but with conditions you object to
- Refuses to change or remove a condition of planning permission that has been granted with conditions
- Refuses to approve something reserved under an outline permission
- Refuses to approve something that you were told by your LPA as part of a previous planning permission (the current development was one of the 'conditions' stated in the previous planning permission
- Does not make a decision within the deadline and does not get your written consent to change the deadline
- Services you with an enforcement notice because it thinks you have broken planning permission and you do not agree
131
If you are making a minor change to the description of development, what is this?
A non-material amendment (Section 96a)
132
Talk me through your L2 Condition Discharge?
- Objective was to provide evidence to LBN that the construction would not impeach on the DLR 10-metre protection radius
- Requested a set of drawings from the MC that identified the location and tracking of all temporary structures, cranes and lifting equipment to show they would not impeach on the 10 metre protection radius
- Drafted a cover letter explaining each drawing and sent it, along with the drawings to DP9 to upload to the Planning Portal
- The condition was successfully discharged
133
What type of conditions do you typically have for a Plot?
- Set of conditions per RMA (plot and also landscape)
- For Plot 78 we have a set of conditions under the OPP
- We have to discharge conditions in relation to:
1. Pre-commencement
2. Conditions during construction
3. Pre-occupation
4. Conditions on using the building
5. Conditions on how you can alter the building
6. Post-occupation for monitoring and management
134
Talk me through what might be included in a PPPA?
1. Principles (working together)
2. Planning Policy (ensure working within NPPF, the London Plan, Newham Local Plan, Newham Local Plan refresh)
3. Engage in Pre-App discussions
4. Form and Content of Planning Applications (HPA & RMAs under OPP)
5. Resources and Liaison (Applicant & LPA teams)
6. Developer's Performance Standards (undertake a consultation, consult with consultees, prepare meeting minutes)
7. Developer's Performance Standards (Respond to calls, agree officer attendees, help facilitate discussions)
8. Meetings (locations)
9. Working Groups (create groups depending on topic like transport, housing, sustainability)
10. Schedule of Meetings
11. Availability of People and Resources
12. Confidentiality
13. Costs
14. Programme
135
How long do LPAs have to discharge conditions?
8 weeks
16 weeks if EIA
136
Talk me through your L2 example of the RMA?
- Submitted an RMA for Plot 78
- At start of RIBA Stage 3, I liaised with the Planning Consultant to understand what planning documents should be included in the RMA
- I set up a briefing session with the Design Team to inform them of the deliverables and give an overview of the programme to submission
- I collated the deliverables, reviewed them, then sent them to the Planning Consultant to submit to the Planning Portal
- The RMA was validated and I am working with the DT to address any statutory consultee comments prior to going to Planning Committee in March 2025
137
What documents did you include in the RMA?
- Application Form
- Application Fee
138
What statutory consultee comments did you receive?
Neutral:
- Principal Aviation Officer, LBN
- Canal and River Trust
- London Borough of Tower Hamlets
- Port Information Guide
- Royal Borough of Greenwich
- GLAAS
- Natural England
- Environment Agency
- Environmental Health
- Design and Conservation
- TfL Infrastructure Safeguarding
- London City Airport
For Improvements:
- Net Police Secured by Design
139
Did you receive any objections?
One from a local resident related to DSO in lower floor units.
140
Talk us through how you managed this objection?
- Reviewed objection.
- Liaised with architect and DSO consultant to check we were fully compliant.
- Prepared a response note and issued it to objector.
- Ensured we had a sound argument at committee.
Argument is that we are fully compliant, the level of light is adequate.
It is not as good as other levels because it is a high density scheme.
We have taken steps to improve it such as ensuring brick colour is light, adding additional internal and external lighting, shifting balconies to ensure more light gets in.
We also had to balance overheating, daylight, noise etc.
141
Talk us through your L3 example of the statutory consultee response to TfL?
- I provided advice to TfL in relation to their concern about the absence of car parking spaces for the primary school.
- I reviewed the ES to establish a 3FE primary school, with space for up to 800 pupils from the masterplan was proposed.
- I reviewed data from the GLA population yield calculator to establish that there are 1,000 primary school aged pupils forecast to live in the masterplan.
- Based on these, I ADVISED TfL that the 800 pupils will all be within walking distance of the school so car parking is not required.
- FURTHER ADVISED, the school will be at maximum capacity with the 800 pupils from the masterplan, so there will be no pupils attending from elsewhere, further mitigating the need for car parking.
- TfL have confirmed.
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Talk me through your L3
- I provided advice to my client on the car club strategy for the draft S106 HoTs.
- I reviewed the Transport Assessment to understand the transport strategy, which stipulates it is a car free scheme, with the exception of car club and blue badge holders.
- I reviewed the S106's of nearby residential schemes to establish that an offering of up to 5-years free membership and £50 credit per apartment is standard.
- I first also liaised with DP9 who supported this sentiment.
- I ADVISED my client they would need to provide a car club.
- I then undertook research to understand the cost of delivering and maintaining a car club, including the cost of each apartment's free membership plus £50 credit, for one to five years.
- I established up to two years was within my Client's budget.
- I FURTHER ADVISED my client to offer one year free membership plus £50 credit per apartment as their starting position.
143
Talk me through the process of agreeing a S106?
The S106 has to be signed before planning permission is granted.
144
What is a Grampian Condition?
A Grampian Condition prohibits development authorised by the planning permission (occupation of the premises) until a specified action has been taken (such as the provision of supporting infrastructure)
145
In your statutory consultee response you mention TfL and school car parking, can you provide more detail as to how this was agreed? Was the rate of car parking detailed in planning policy - ie. local plan, London Plan, or a part of previous approval?
LBN Local Plan:
- Should be assessed in line with London Plan standards
London Plan:
- Car parking should be restricted
- Silvertown is classified as an Inner London Area PTAL 2
- Resi: The requirement is 0.5 spaces per dwelling max.
- Non resi: Disabled parking for education is 5% of total parking provision max.
Basically, the London Plan states that car parking for schools should be set within the LPA and in the context of development, with a view to promote car free schemes / active travel to school
146
In your S106 example, please can you explain how the relationship between a car club and developer works?
Car club spaces provided to car club by developer and they pay an operational fee per month / annum
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Does the London Plan stipulate that schools must have car parking spaces?
No
Encourages car lite / car free developments
Based on the transport assessment
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What is the size of a brick?
215mm long
102.5mm wide
65mm high
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What guidance is about to come out?
Planning and Infrastructure Bill (2025)
- Presented in March 2025
- Aimed at streamlining the Planning System & accelerating the delivery of homes through making planning application process less time consuming
- Streamline National Infrastructure Planning (NSIP) requirements so more infrastructure projects can be built, which supports energy reduction
- Reduce delays and improve planning experience for residents and LPAs
- Reduce opportunities for JR of planning decisions
- Introduction of the Future Homes Standard, which requires new homes to be significantly more energy efficient
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What is a JR period?
Judicial Review
- 6 weeks from date of planning decision
- Courts review decisions / acts made by LPAs to ensure they are lawful
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What would you typically see in a S106?
- Financial contributions
- Infrastructure improvements (roads / green space / schools)
- Affordable housing (certain % of affordable housing)
- Green space / environmental measures (provision for green space creation / green infrastructure / biodiversity improvements)
- Community facilities (libraries / sports facilities)
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How did you check the car club provisions of surrounding schemes?
I asked the planning consultant to look at their S106's
They are also publicly available on the planning portal
153
What is a Grampian condition?
Negative
Prohibits the start of development until a specific action is completed (e.g. completing highways works / infrastructure improvements)
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What does implementation in planning mean?
Implementation of a permission (usually required within 3 years)
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What is an early stage review mechanism?
Triggered if substantial implementation isn't achieved within a specified period
- A process triggered if a development doesn't make sufficient progress within a set timeframe, after the grant of planning permission
- Essentially a re-assessment of the viability to ensure it remains viable, and the agreed contributions (like affordable housing) are still achievable
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What is a mid-stage review mechanism?
Similar to early stage review but in middle
- Ensure any market changes / construction costs are adjusted for and planning obligations (like affordable housing) are adjusted for
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What is a late stage review mechanism?
Triggered after a certain point (such as 75% of units being sold / certain time has passed)
- Compares original viability at the planning application stage to the achieved sales values and build costs
- Can lead to adjustments in S106 contributions if the scheme's viability has changed
- If the scheme's viability has improved, the developer may have to make further S106 contributions
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What do you typically include in a planning application?
- Application form
- Application fee
- Drawings (location plan, site plan, drawings)
- Planning Statement
- DAS
- EIA / Environmental Statement
- Transport Statement
- Technical Assessments like DSO / BNG / Wind
- Gateway 1 Form
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What is PPG?
Planning Practise Guidance.
Set of documents that advise on things like:
- Appeals
- Before submitting an application
- BNG
- BTR
- CIL
- EIAs
- Green Belt
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Who determines appeals?
Typically by Higher Courts e.g. The Court of Appeal
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What determines whether a planning application is minor or major?
Resi Major: 10+ dwellings / 0.5+ hectares
Other Uses Major: 1,000+ sqm / 1+ hectare
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How do you determine if local or national plan takes preference?
NPPF sets overall framework
Local plan supports
Neighbourhood plan provides further detail
Refer to planning consultant
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How often are neighbourhood / local plans reviewed?
Every 5 years
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How often is the NPPF reviewed?
Every 5 years or sooner if circumstances change significantly
165
What are recent changes to Planning Policy?
Planning and Infrastructure Bill (2025):
- Streamline planning (JR periods)
- Delivery of affordable homes
- Delivery of nationally significant infrastructure projects that support 'Clean Power 2030'
- Higher energy requirements (Clean Power 2030)
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Are S106'spublic documents?
Yes
- LPAs publish on website
- LPAs keep record of what has been paid
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What is the judicial review period?
- 6 weeks from date of consent
- Individuals or groups can challenge LPAs decision in the High Court
