Legal/regulatory compliance Flashcards
(18 cards)
What act is S106 governed by?
Town and Country Planning Act under planning obligations
What are the S106 tests?
*Necessary to make the development acceptable in planning terms
*Directly related to the development
*Fair and reasonable to the scale and kind of development
Difference between CIL and S106?
*CIL (Community Infrastructure Levy) is a tax on new development used to fund infrastructure
*S106 are negotiated, site specific agreements that address development impacts and secure contributions
How is CIL calculated?
Calculation of per sqm of additional floorspace using the GIA of the proposed development by the relevant CIL rate
Who is exempt from CIL?
Education, charity or health use
How do you know if CIL or S106 is required?
LPA website should be able to inform and utilise planning consultants
What is a planning condition?
A restriction or requirement attached to a planning permission to ensure a development proceeds in a specific way in line with policies
What is a Strategic Regeneration Framework?
*Detailed plan that outlines vision, principles and objectives of an area or site over a period of time
*Acts as a blue print
*ie. Manchester Science Park SRF
Can you talk me through the consultation and determination process?
*Period of consultation where views on the proposed development can be expressed - normally 21 days
*LPA identify and consult different groups
*General applications 8 weeks
*Major developments 13 weeks
What constitutes a major development?
Commercial - 1,000sqm of new floor space
Residential - 10 or more dwellings
What are the main types of LPA consultations?
*Public - residents, community groups
*Statutory consultees - law to consult a specific group
*Non statutory consultees - planning policy reasons
What’s a typical determination period for one of your projects?
*Greenheys - 13 weeks major development
*Cycle store - 8 weeks
What are S278 works?
*Legal agreement under the Highways Act 1980 to allow developers to make alterations or improvements to a public highway as a part of a planning app
*Agreement outlines conditions, costs, design, changes etc
What’s a new or upcoming planning policy or legislation?
*New S73b allows you to make a material variation to an existing planning permission, including to the description
*Section 73 allows you to remove or a vary a condition of a planning permission you already have
What are the fees to submit a planning application?
Planning portal has a fees calculator
What are some planning policies you have to consider?
*Local Plan
*National Planning Policy Framework
*BNG
*Greater Manchester Places for Everyone
What is the NPPF?
National Planning Policy Framework - document outlining government policies for land use, provides framework for local planning authorities to develop local plans
How often does the NPPF get updated?
In response to changes in government or emerging issues, on an as needed basis
