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apc jack sadler 2023 > Planning > Flashcards

Planning Flashcards

1
Q

What is the main policy and legislation governing planning policy?

A

Localism act 2011

NPPF 2012 (updated 2021)

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2
Q

Localism Act 2011

A

More autonomy at local level create the big society

Encourage housing delivery

Statutory duty for local authorities to cooperate

Enforcement powers strengthened

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3
Q

NPPF

A

Balance economic growth with environmental protection

Reduced 1000 pages of planning to 50

Streamline the planning system and reduce red tape

Main principle is a presumption in favour of sustainable development

LPA to demonstrate a 5-year housing land supply

Returned to a local plan system

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4
Q

Levelling up and regeneration bill

A
  1. Strengthening the greenbelt
  2. Review of permitted development rights
  3. LPA is to involve the community in drawing up local plans
  4. Housing builders to provide housing delivery progress reports
  5. Street votes
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5
Q

Proposed reforms to the NPPF (2023)

A
  1. Changes to the presumption in favour of sustainable development which prevents LPA from having to meet housing need in full where doing so would mean building density is the significantly out of character with the area
  2. Avoid dense development
  3. The emphasis on design has been strengthened further
  4. Presumption in favour no longer applies if you’re adopted neighbourhood plan in place is less than five years old
  5. Five-year housing land supply to take into account previous under or oversupply
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6
Q

What is the process of creating a Local Plan?

A

Reg 18 – Call for sites/ comments

Reg 19 – Draft local plan produced

Reg 22- Submitted to planning Inspectorate for public examination

Reg 24 – Examination by independent planning inspector

Reg 26 – Adoption

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7
Q

The definition of development (Town and country planing act 1990)

A

“The carrying out of 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”

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8
Q

Types of planning application

A
  1. Outline application
  2. Full application
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9
Q

Outline and Full planning time scales?

A

Outline lasts 3 years with 2 years from last RM approved.

Full planning lasts 3 years from the date of consent

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10
Q

A planning application should include?

A
  1. Copies of the completed application form
  2. The appropriate fee set out by the LPA
  3. Ownership certificate the owner is the freeholder or leaseholder with more than seven years
  4. Agricultural holding certificate
  5. Location plan, site plan, and drawings
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11
Q

Other information that could be included within a planning application?

A
  • Flood risk strategy
  • Listed building/heritage statement
  • Regeneration statement
  • Retail assessment
  • Sustainability appraisal
  • Ecological assessment
  • Environmental impact statement
  • Supporting planning statement
  • Design and access statement
  • Access statement
  • Transport assessment
  • Draft travel plan
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12
Q

What are the Validation requirements?

A

There is a national core list for all applications and a local list specified by the LPA

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13
Q

Pre-application discussions

A

The government encourages these discussions if forthcoming by the LPA.

However the LPA is under no obligation

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14
Q

Application time scales once submited.

A

8 Weeks from validation minor application

13 Weeks from validation major application

16 Weeks from validation if an EIA is included

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15
Q

Planning conditions

A

Conditions attached the consent must be reasonable relevant to the development and enforceable.

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16
Q

Process of planning application being made to decision

A
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17
Q

S.106 Agreements

A

Introduced on the town and country planning act 1990

Legally binding agreement enforceable by the LPA and are site-specific impact related only

Negotiated on a one-to-one basis taking each development on its merits

Can be either specific works or a payment of a financial contribution

Can be used to secure affordable housing

Test
Necessity
Having a direct relationship to the development
fair and reasonably

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18
Q

Community Infrastructure Levey (CIL)

A

Introduced Planning Act 2008

For all infrastructure necessary to support the development

CIL charges are based on on the net floor space

Developers cannot be double charged by CIL and S.106 agreements

Spent on local infrastructure

19
Q

What are the differences between CIL and S.106

A

?

20
Q

Local infrastructure tariff

A
21
Q

Professional statement on financial viability in planning 2019

A

Mandatory requirements for FVAs

Impartial objectivity and transparency

Sensitivity analysis must be included

No contingent fees

22
Q

Guidance note assessing viability in planning 2021

A

Supplements the professional statement

Application of the RedBook

Definitions of BLV EUV and AUV

Parkhurst road ltd vs Security of state

23
Q

What is the purpose of FVA (Financial Viability Assessments)

A

A report assessing the financial viability of a development.

Used In plan making and decision taking. E.g planning obligations and affordable housing provision.

24
Q

How is a FVA structured?

A

It assess whether a site is financially viable considering the value generated by the development against the cost.

BLV (EUV + landowner premium)

BLV is not MV

25
Q

Lawful development certificates what are they?

A

This allows the possibility of obtaining a statutory document confirming the use or activity named in the document is lawful for planning control purpose

Any breach over 10 years is immune from enforcment becomes lawful and an LDC can be obtained

26
Q

Stop notices

A

This prohibits the continuation of any activity that is set out in the enforcement notice

27
Q

What are the diffrent use classes?

A

B – industrial
C – residential
E – commercial business and service
F – local community and learning

28
Q

What are permitted development rights?

A

For some forms of development planning permission is not required

Legislation - Town and country planning order 2015

29
Q

Permitted development MA what are the rules?

A
  • Vacant for a continuous period of at least three months
  • Must have been in use class E for a continuous period of at least two years
  • Cumulative floor space of the building to be converted cannot exceed 1500 m²
30
Q

Enforcement procedure what is it?

A
  • The LPA can server an enforcement notice against the owner or occupier of the land
  • The notice will state the breach of planning control and the steps to remedy
31
Q

Listed buildings what are they?

A

Grade 1 (exceptional)
Grade 2* (particular importance)
Grade 2 (90% of all listings)

There are six principles for listing
1. Age
2. Rarity
3. Selectivity
4. National interest
5. State of repair
6. Aesthetic merit

Listed building consent may be required for any changes/new development

32
Q

Conservation areas

A

Areas of special architectural historic interest

Planning consent is required for any demolition of a building in a conservation area

Trees and conservation areas are protected

33
Q

Tree preservation orders

A

TPOs are recorded in the local land charges registered

U category TPO (cannot realistically be retained as living trees in the context of the current land use for longer than 10 years)

34
Q

Environmental impact assessment

A

Identifies and predicts and evaluate the environmental effects of proposed development

35
Q

Demolition

A

Planning consent is required for the demolition of buildings in conservation areas

An environmental impact assessment is also required

36
Q

Article 4

A

Normally applied over an area
They normally applied over conservation areas to not allow permitted development

37
Q

Student rent/HMO accommodation

A
  • A class C4 use covers HMOs of five or more tenants who form two or more households
  • Mandatory licensing is required to all multi occupied properties where there are more than five people
38
Q

Section 73 Town & Country planning act 1990

A

This process allows the LPA to agree to request to remove very or discharge a planning condition following the grant of planning consent

39
Q

Presumption in favour of sustainable development

A

Paragraph 11 of the NPPF

40
Q

Your planning application in Portsmouth.
Replacement of B2/B8 warehouse

Who was the LPA?
What was the Fee?
What did you require to validate?
What was the main planning argument?

A

Portsmouth City Council

C. £4,500 (calculator on the website)

A flood risk assessment required as part in FZ2
(concluded the site can accommodate 1in100 yr storm +40% climate change)

Transport assessment required (concluded effects are natural)

The application complimented policy employment area etc..

This full planning application has since been granted

41
Q

Pub Site, Winchester - Planning appraisal

What did you include?

How did you determine that the site could accommodate one or two dwellings?

What were the key planning policy?

A

Location
Surroundings
LPA
Local plan and status
Key policy (Settlement boundary and Parking policy)
Key constraints (e.g large trees)
Recommended transport assessment/parking survey

42
Q

NPPF 2021 (changes?)

A
43
Q

What were the plannin conditions in your case study?

A
  • Development in accordance with the plans
  • Materials to be submitted and granted
  • Landscaping work undertaken

apc jack sadler 2023 (17 decks)

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