Legislation / Prof Standards Summaries

Question 1

RICS Professional Standard: Financial Viability in Planning: Conduct and Reporting (1st Ed, 2019)

Answer 1

• Sets out mandatory requirements on conduct and reporting in relation to FVAs
• Practitioners must act with impartiality, objectivity, transparency
• Viability involves valuation judgements. They must be rational, realistic and reasonable, rely on evidence
• Practitioners must employ evidence based judgement, collaboration, transparency, standardised approach, include sensitivity analyses and non-technical summaries

Question 2

RICS Professional Standard: assessing Viability in Planning under the National Planning Policy Framework 2019 (1st Ed., 2021)

Answer 2

• Supplements the Conduct and Reporting standard
• Includes advice on the applicability of the Red Book Global
• Advice on roles of assessors and stakeholders
• Benchmark Land Value (BLV), Existing Use Value (EUV), Alternative Use Value (AUV) explained

Question 3

Town and Country Planning (Use Classes) (Amendment) (England) Regulations (2020)

Answer 3

• Came into force 1st September 2020
• Aim was to bring flexibility in what buildings can be used for
• Changes include:

E - Commercial, business and service users
F1 - Learning and non-resi institutions
F2 - Community
New sui generis uses - New uses require planning consent to change include A4, 5 and D2

• Permitted development rights may not apply in conservation areas, AONB and national parks
• Some LPAs granted exemption to change office to resi (PDR), same with agricultural buildings to educational / resi uses

Question 4

Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order (2021)

Answer 4

• Introduced further changes of use including Class MA which gives the right to change from commercial to resi

Question 5

Town and Country Planning (Listed Buildings and Conservation Areas) Act (1990)

Answer 5

1. Age
2. Rarity
3. Selectivity
4. National interest
5. State of repair
6. Aesthetic merit

Grade 1
Grade 2*
Grade 2

Question 6

Licensing of Housing in Multiple Occupation Order (2018)

Answer 6

• Attempts to break clusters of student housing
• Licensing is required for 5+ people, and also additional safety measures

Question 7

Infrastructure Act (2015)

Answer 7

• Easier for redundant buildings to be converted to productive uses, supporting brownfield regeneration / new homes
• Enabled public sector land to be sold by cutting red tape (regulations that are rigid)
• Ends excessive delays
• Allow land registry to create digitised local land charges register that will improve access to data
• Local communities get right to buy a stake in renewable energy infrastructure projects

Question 8

Housing and Planning Act (2016)

Answer 8

• Provides Secretary of State more powers to intervene at local level
• Power for the Secretary of State to grant development consent for housing linked to an application for a nationally significant infrastructure project (NSIP)
• Removal of National Infrastructure Commission

Question 9

Neighbourhood Planning Act (2017)

Answer 9

• Strengthen neighbourhood planning, free up land, speed planning process
• Streamline CPO