Legal And Regulatory Flashcards
Legal and Regulatory Compliance guidance?
NPPF
PPG
RICS: Financial viability in planning: conduct and reporting
Assessing financial viability in planning under the NPPF
Can you provide some examples of planning law?
•Town Country and Planning Act 1990 - regulated development of land
•Planning and Compulsory Purchase Act 2004 - relates to spatial development and the compulsory acquisition of land
•Town and Country (LP)(England)Regulations 2012 - legislative regulations for the preparations of local plans
•Town and Country Planning Order 2015 - allows certain building works and changes if use without planning application
What is a Compulsory Purchase Order?
Legal process that allows acquiring authorities to require owners and occupiers to sell their interests if they obstruct to any development or infrastructure project that benefits the ‘greater public good’
What’s is in the CPO Guidance?
4 booklets:
1) CPO procedure
2) compensation for business owners and occupiers
3) compensation to agricultural owners and occupiers
4) compensation to residential owners and occupiers
How much CPO compensation can be received?
Based on principle of equivalence. Means you should be no worse / better off in financial terms after the compulsory acquisition than you were before.
What are the mechanisms to secure affordable housing and infrastructure through the planning process?
•S106 - TCPA 1990
•CIL - Planning Act 2008 (into force 2010 - CIL Regulations 2010)
•S278 - Highways Act 1980
What are Section 106 agreements?
Planning obligations developers must make to local authorities to make their development acceptable in planning terms ‘to mitigate the impact of the development’
What will the S106 Legal Agreement cover?
Depend on the nature of the development and the needs of the district.
Common obligations include: affordable housing, education contributions, open space, highways, health
Are there rules or restrictions to what obligations local authorities can seek?
Planning obligations are used for:
•prescribe the nature of development (AH)
•Compensate for loss or damage created by development
•Mitigate a development impact (increase public transport provision)
They must also be:
Necessary
Directly related to development
Fair and reasonable (scale and kind of dev)
Other than securing affordable housing, what else can a S106 agreement be used for?
•Require land to be used in specific way
•Require sums of money to be paid to LA
What is CIL and when was it introduced?
•CIL is a planning charge introduced by the Planning Act 2008
•Came into force 2010 - CIL regs 2010
•It is a non-negotiable form of developer contribution
Where would you find the CIL charging schedule?
They are specific to each local authority - you would find it on their planning website
What kind of development doesn’t pay CIL?
•Development where net additional floor space is under 100 sqm
•Development of buildings where people don’t usually go (wind turbines)
•Resi extensions, self builds, affordable housing
Guidance for Conflict Avoidance?
Conflicts of interest (March 2017) Professional standard (July 2023)
Surveying acting as expert witness (4th Ed, April 2014) - Practice statement (Feb 2023)
Guidance for client care?
Complaints Handling 2016 - professional standard (oct 2023)
