Planning Flashcards
What is the effect of the Planning (Listed Building and Conservation Areas) 1990?
It creates special controls for the demolition, alteration or extension of buildings, objects or structures of particular architectural or historic interest, as well as conservation areas.
What is the Community Infrastructure Levy?
Section 206 of the Planning Act 2008 gives local planning authority the power to charge new developments to fund local infrastructure.
How is the CIL payment charged?
Based on a tariff that is related to the size or the change to the size of a development based on net floor space.
What is a Section 106 Agreement?
S106 contributions are negotiated between LPA and developers to pay for anything from new schools, roads or affordable housing.
What is the Growth and Infrastructure Act 2013?
Sets out a series of reforms to reduce the red tape that hampers business investment.
Developers can go to Secretary of State for planning permission where local authority is in special measures.
Offers fast tracked planning applications for large scale commercial projects.
What are the different types of planning application?
Outline
Reserved Matters
Full Planning
Change of use
Listed Building Consent
What is outline planning?
Used to find out whether the scale and concept of the proposed development is likely to be accepted by a local planning authority prior to incurring the substantial cost of developing a detailed design.
What is required to submit outline planning?
Uses for the proposed development
Amount of development proposed for each use
Indicative layout and elevations
Dimensions of buildings
Design and access statement
When does outline planning expire?
Once granted, a reserved matters application must be submitted within 2 years.
One the last reserved matter has been approved, there is usually a 3-year period within which development must commence.
What are reserved matters?
Following outline planning consent, you will be required to submit a further application for reserved matters. When all of the reserved matters have been approved, work may begin on the site.
Permission lasts for two years.
What is required for full planning permission?
Copies of the completed application form
The application fee
Ownership certificate
A site plan, block plan, elevations of the existing and proposed site
Design and Access Statement
You may also need to submit:
- flood risk strategy
- Listed building statement
- sustainability appraisal
- environmental impact assessment
- Topographic surveys
Approval may be subject to planning conditions, requiring further approvals for specific aspects or S106 Agreements.
What requires planning permission?
Building, engineering or other works making a material change in the use of any buildings or other land. Such as
- structural alterations
- demolition
- rebuilding
- Change of use
How long does full planning permission last?
3 years
Can submit a planning renewal application which provides consent for a further 5 years/
What is a Design and Access Statement?
A short report accompanying and supporting a planning application. They provide a framework for applicants to explain how a proposed development is a suitable response to the site and its setting, and demonstrate that it can be adequately accessed by prospective users.
Explains the Amount, Layout, Scale, Landscaping, Appearance, Context, Use and Access.
Required for buildings of more than 1,000 sq. m, housing developments of 10 dwellings or more and developments requiring listed building consent.
What is the National Planning Policy Framework 2012?
Provide a framework within which local people and their accountable councils can produce their own distinctive Local Plans, which are reflect the needs and priorities of their communities. It provides the background against which applications for planning permission are provided.
What is the Local Development Framework?
The Local Development Framework (LDF) is a non-statutory term used to describe a folder of documents, which includes all the local planning authority’s local development documents. An LDF is comprised of:
Development Plan Documents (which form part of the statutory development plan)
Supplementary Planning Documents
What is the planning insepectorate?
Hold inquiries into local authority development plans, decide planning and enforcement appeals and reports on planning application which have been ‘called in’ by the secretary of state.
What are the different types of planning enforcement?
Planning Contravention Notice
Planning Enforcement Notice
Breach of Condition Notice
Planning Enforcement Order
Stop Notice
Temporary Stop Notice
Injunction
What is a Planning Contravention Notice?
A Planning Contravention Notice (PCN) may be served as a preliminary step to taking enforcement action. It may result in the recipient remedying the breach of planning control without enforcement action. It also enables the LPA to obtain the necessary information about any apparent breach to decide where enforcement action is appropriate.
It is served with a schedule of questions which require written response within 21 days.
What is a Planning Enforcement Notice?
Breaches of planning control will result in a Planning Enforcement Notice being issued.
Could be a development carried out without the proper planning permission, or failure to comply with a condition or limitation on permitted development rights.
What are the time limits for appealing Planning Enforcement Notices?
The issuing of an enforcement notice is followed by a period for compliance during which the recipient must either comply with the notice or lodge an appeal within 28 days.
The authority has the power to enter land to carry out the notice requirements themselves if the owner is non-compliant.
What is a Breach of Condition Notice?
Where planning permission has been granted subject to a condition that is subsequently not complied with, the LPA may serve a breach of condition notice.
The notice specifies the steps required to secure compliance with the condition within at least 28 days from the date of service.
What is a Planning Enforcement Order?
When a person deliberately conceals an unauthorised development, a planning enforcement order enables action to be taken notwithstanding the fact that the time limit may have expired.
What is a Stop Notice?
A stop notice places an immediate ban on any ‘relevant activity’ being carried out that is in breach of planning control pending the outcome of proceedings following service of an enforcement notice.
The minimum period of compliance is three days following notice.
What is an injunction?
An actual or apprehended breach of planning control may be restrained by an injunction granted by the High Court or County Court on application by an LPA.
What are the time limits on bringing enforcement action?
For abuilding, engineering, mining or other operations without planning permission, they become immune to enforcement action after the expiry of 4 years.
However where there has been deliberate concealment local planning authorities may apply for a planning enforcement order.
What is a certificate of lawfulness?
A legal document which retrospectively grants permission for the unauthorised development or use of your property and authorises that this may be continued.
What does the Planning Inspectorate deal with?
Holds enquires into local authority development plans, decides planning enforcement appeals and report on applications that have been ‘called in’ by secretary of state.
When are planning applications ‘called in’?
The secretary of state will normally only do this if the application conflicts with national policy in important ways, or is nationally significant.
What is the Judicial Review process?
A process by which the courts review the lawfulness of a decisions made or action taken by a public body. Purpose is to identify if the process by which the decision was reached and determine whether that decision should be quashed.
What are Permitted Development Rights?
You can perform certain types of work without needing to apply for planning permission. These are called “permitted development rights”
List of permitted development set out in The Town and Country Planning (General Permitted Development) (England) Order 2015.
What is the effect of an Article 4 Direction?
It restricts the scope of permitted development rights either in relation to a particular area or site, or a particular type of development anywhere in the authority’s area. Where an article 4 direction is in effect, a planning application may be required for development that would otherwise have been permitted development.
What is a Lawful Development Certificate?
Where it is not clear cut as to whether something is permitted development you can speak to your local planning officer, or apply for a Lawful Development Certificate (LDC).
What is permitted development required for?
Residential: Extensions, improvement, alterations and basements
Commercial: conversion to residential, extensions to offices buildings up to 25% or 50sqm and not exceeding height of building.
What classes as permitted development of residential?
Single storey rear or side extension where it takes up less than 50% of the size of the land around the original house and less than 4m in height or 3m within 2 meters of a boundary.
Two storey extension with no windows in side elevation, that takes up less than 50% of width of original house and less than 50% of the land around the existing house
Loft conversion with a volume of up to 50 cubic meters of additional roof space.
When do basement works require planning permission?
Unlikely to require planning permission as long as it is not a separate unit or unless the usage is significantly changed or a light well is added, which alters the external appearance of the property.
New excavations will likely require planning.
