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Planning Flashcards

1
Q

What is the effect of the Planning (Listed Building and Conservation Areas) 1990?

A

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.

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2
Q

What is the Community Infrastructure Levy?

A

Section 206 of the Planning Act 2008 gives local planning authority the power to charge new developments to fund local infrastructure.

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3
Q

How is the CIL payment charged?

A

Based on a tariff that is related to the size or the change to the size of a development based on net floor space.

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4
Q

What is a Section 106 Agreement?

A

S106 contributions are negotiated between LPA and developers to pay for anything from new schools, roads or affordable housing.

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5
Q

What is the Growth and Infrastructure Act 2013?

A

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.

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6
Q

What are the different types of planning application?

A

Outline

Reserved Matters

Full Planning

Change of use
Listed Building Consent

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7
Q

What is outline planning?

A

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.

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8
Q

What is required to submit outline planning?

A

Uses for the proposed development

Amount of development proposed for each use

Indicative layout and elevations

Dimensions of buildings

Design and access statement

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9
Q

When does outline planning expire?

A

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.

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10
Q

What are reserved matters?

A

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.

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11
Q

What is required for full planning permission?

A

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.

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12
Q

What requires planning permission?

A

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
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13
Q

How long does full planning permission last?

A

3 years

Can submit a planning renewal application which provides consent for a further 5 years/

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14
Q

What is a Design and Access Statement?

A

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.

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15
Q

What is the National Planning Policy Framework 2012?

A

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.

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16
Q

What is the Local Development Framework?

A

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

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17
Q

What is the planning insepectorate?

A

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.

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18
Q

What are the different types of planning enforcement?

A

Planning Contravention Notice

Planning Enforcement Notice

Breach of Condition Notice

Planning Enforcement Order
Stop Notice

Temporary Stop Notice

Injunction

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19
Q

What is a Planning Contravention Notice?

A

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.

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20
Q

What is a Planning Enforcement Notice?

A

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.

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21
Q

What are the time limits for appealing Planning Enforcement Notices?

A

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.

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22
Q

What is a Breach of Condition Notice?

A

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.

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23
Q

What is a Planning Enforcement Order?

A

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.

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24
Q

What is a Stop Notice?

A

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.

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25
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.
26
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.
27
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.
28
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.
29
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.
30
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.
31
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.
32
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.
33
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).
34
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.
35
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.
36
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.
37
When are Permitted Development Rights restricted?
- Conservation areas - Areas of outstanding natural beauty - World heritage sites - National parks - Listed buildings
38
Which piece of legislation covers Listed Buildings?
Planning (Listed Building and Conservation Areas) Act 1990
39
What are listed buildings?
Structures of particular architectural or historic interest recorded in the List of Buildings of Special Architectural or Historic Interest administered by Historic England.
40
When is listed building consent required?
• The law states that a 'Material Change to a Listed Building' must be approved. Listed building consent provides approval for these works such as: - Repairs that will affect the characters of the property - Internal Alterations - Changing windows - Renovations and extensions
41
What are the categories of listing in England and Wales?
Grade I: Buildings of exceptional importance. (highest) Grade II*: Buildings of more than special interest Grade II: Buildings of special interest, warranting every effort to preserve them (lowest)
42
What should you do if unsure if listed building consent required?
You should check first with your local authority Conservation Officer whether or not consent will be needed for what you plan to do.
43
What is a dangerous structure?
• Where a building is in sufficient disrepair to be considered dangerous a local planning authority may apply for a court order requiring the owner to make the building safe or to demolish all or part of it. If the owner fails to comply the authority can carry out the work and reclaim the expense.
44
Amenity (Section 215) Notice
Gives local planning authority the power to require that land or buildings are cleaned up or repaired if they consider their conditions adversely affects the amenity of the area. 28 days to appeal. Failure to comply can lead to prosecution and a maximum fine of £1,000 per day. The LPA may carry out the work itself .
45
Urgent Works Notice
Local authorities can take action to secure the repair of a listed building when concerned about its continued conservation. This is distinct from a repairs notice which is concerned with long-term conservation and is a pre-cursor to possible compulsory acquisition. The local authority may undertake works if owner is unresponsive, however these should be restricted to urgent repairs to required keep a building wind and weather-proof and safe from collapse.
46
What is a Repairs Notice?
As the first step in the process of compulsory purchase, the local authority will serve a repairs notice on the owner of the listed building specifying those works which it considers reasonably necessary for the proper preservation of the building.
47
What is Compulsory purchase?
Local authorities and the Secretary of State have powers to compulsorily acquire a listed building if necessary for it long term preservation. The building must be in some disrepair, the owner must be shown to be unwilling or unable to carry out the repairs himself and, in essence, it has to be shown that the building will be better off in the ownership of the authority. The order is advertised in local press and served on each owner and occupier of the land not less than two months after the service of the repairs notice. Can be appealed within 28 days.
48
What is a Conservations Area?
An area of special architectural or historic interest, the character of which it is desirable to preserve or enhance. The conservation area status provides LA with additional controls over demolition, minor developments and trees.
49
What is the difference between CIL and S106?
CIL is used to fund wider infrastructure is based on a standard tariff, whereas S106 is typically used for site-specific infrastructure and affordable housing, with an agreement reached on a negotiated basis. CIL is a broader locally-based development tax.
50
What is are the aims of the National Planning Policy Framework 2012?
Balance economics growth and environmental protection Ensure planning decisions made at grass roots level Promotion of sustainable development Review of land banking to put pressure on developers – implementation period of 2 years.
51
What is the effects of a TPO?
To prohibit the cutting down, topping, lopping, uprooting, wilful damage to or wilful destruction of protected trees or woodlands. This applies to roots as well as stems and branches. It is a criminal offence to breach a TPO.
52
What daylight and sunlight?
Where a proposed development could potentially negatively impact the existing levels of daylight or sunlight on neighbouring properties. Or where the planning authority may require an assessment to show that the proposed new buildings will provide satisfactory standards of accommodation for the occupants
53
What is the difference between daylight and sunlight and ROL?
Rights of Light is a legal issue relating to an an easement while Sunlight and Daylight is a planning issue and a means to help Local Planning Authorities determine if a proposed development will cause injury to surrounding properties. In terms of assessment criteria, Rights of Light measures the sky factor, while Sunlight and Daylight reports use the Vertical Sky Component, Average Daylight Factor and Annual Probable Sunlight Hours.
54
What would you typically find within an Environmental Impact Assessment?
- alternatives and design evolution - the proposed development - planning policy context - construction details - socio-economics - transport - air quality - noise and vibration - ground conditions - water resources - ecology - daylight, sunlight, overshadowing and solar glare - wind - electronic interference - cumulative and residual impact.
55
What is the purpose of the Planning (Listed Building and Conservations Areas) Act 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.
56
What does the listing apply to?
The entire property. Both the interior and exterior, and any object or structure within the buildings curtilage which although not attached to the building, forms part of the land.
57
When is listed building consent required?
Any material changes such as works for the demolition of a listed building, or for its alteration or extension, which is likely to affect its character as a building of special architectural or historical interest. Repairs do not normally require consent provided that the works is identical in every respect of design, technique and materials.
58
What is the penalty for failure to obtain listed building consent?
Up to two years in prison and an unlimited fine.
59
What are the categories of historic building?
Grade I: Buildings of exceptional importance. (highest) Grade II*: Buildings of more than special interest Grade II: Buildings of special interest, warranting every effort to preserve them (lowest)
60
What is relevant demolition?
The demolition of a building in a Conservation Area.
61
What does the listing apply to?
The building is listed in its entirety, including the exterior and interior, any object or structure fixed to the building or within its curtilage.
62
When is conservation area consent required ?
Conservation area consent was previously needed to demolish unlisted buildings in conservation areas. However, since 2013 this is no longer required and consent for 'relevant demolition' has to be obtained.
63
What is a section 38 agreement?
A section 38 agreement comes under the Highways Act 190 and can be used when a developer proposed to construct new estate roads that may be offered to the Highways Authority for adoption as a public highway.
64
What are the requirements for roads built to be provided to the highways authority?
Must be built to an adoptable standard
65
When is a section 278 agreement required?
Section 278 of the Highways Act 1980 allows developers to enter into legal agreement with the council to permit alterations to a public highway, such as when a new bell mouth to a development is to be forme.
66
What is the purpose of an environmental impact assessment?
Normally required to submit as part of planning application. It is intended to identify the social and environmental impact of the proposed development
67
What is a temporary stop notice?
Where there has been a breach of planning control, the LPA may issue a temporary stop notice for up to 28 days without the need for a prior Enforcement Notice. The temporary stop notice is of immediate effect.
68
What is class E?
Class E replaced previous separate use classes for retail, financial, restaurants and offices and amalgamated them under a single use class. The owners no longer have to obtain planning permission to change the use of the building to a different use that comes under class E due to the expansion of permitted development rights. It is designed to allow buildings to be used more flexibly and was undertaken to support struggling high streets.
69
What is a non-material amendment?
A non-material amendment allows a development proposal to be amended after planning permission has been granted. Where these are not significant, they may be described as non-material.
70
When considering whether planning is required, how do you determine if something is a material change?
There is no statutory definition, but it is linked to the significance of the change.
71
What is the typical timescale for planning?
8 weeks from validation of the application .
72
What is contained in an environmental impact assessment and when is one required?
A description of the proposed development and its use an estimate of the likely emissions resulting from the construction an assessment of how the development complies with planning policy an assessment of the environmental constraints and opportunities
73
What are permitted development rights?
This is a list produced by the government of developments that can be done without the express permission of the Planning Authority.
74
If you are unsure works are classed as permitted development, what might you obtain?
A Lawful Development Certificate. Not the same as planning but act as proof that works are lawful.
75
What are the limits around permitted development rights for residential properties?
Rear extensions which do not exceed 50% of the total area of land around the original house. Side extensions can only be single storey and no more than half the width of the original house. Any single-storey extension should be no higher than four metres; and within two metres of a boundary, no greater than three metres. Loft conversions with a volume of up to 50 cubic meters of additional roof space. Basement conversions. However adding lightwell which change the external appearance or undertaken excavations will require planning permission.
76
What are some examples of works the come under permitted development rights?
Extensions - enlargement of the property not exceeding 50% of its curtilage New porches, doors and windows Internal alterations Loft conversions certain changes of use class
77
What are the limits around permitted development rights for commercial properties?
Converting to residential up to 150m2 Offices and retail buildings may be extended up to 25% or 50 square metres (whichever is lesser), and not exceeding the height of the building being extended.
78
When are permitted development rights restricted?
Areas of outstanding natural beauty national parks listed buildings Areas subject to article 4
79
What were the changes to permitted development rights in 2021?
Can convert a class E building to a C3 Residential, under a new class MA.
80
What are permitted developments rights.
Permitted development rights allow you to carry out some forms of development without needing full planning permission.
81
What is the new class MA?
Class MA allows that a specific change of use from class E (commercial, business and services) to used class C3 (residential) is a form of permitted development and does not therefore require planning permission.
82
What are the key restrictions for class MA conversions?
Class E to class C3 Premises must have been in a continuous use class E for two years prior to date of application. Must apply for prior approval from the council Floor space of the building cannot exceeed 1,500m2 Does not apply to listed buildings, or those situated in AONB or national parks.
83
What acts come under The Town and Country Planning Act?
Town and Country Planning Act 1990, detailing the principle legal requirements on planning policy. Planning (Conservation and Listed Buildings) Act 1990, which focuses on the built heritage. Planning (Hazardous Substances) Act 1990, which covers pollution and waste material.
84
If a building is poorly maintained what powers do local authorities possess to ensure the building is maintained?
Dangerous Structure Notice Amenity Notice Urgent Works Notice Repairs Notice Compulsory purchase notice
85
What is a dangerous structure notice?
Where a building is in sufficient disrepair to be considered dangerous a local planning authority may apply for a court order requiring the owner to make the building safe. If the owner fails to comply the LA can carry out the works and recover the costs from the owner.
86
What is an amenity notice?
Where a buildings condition is considered to adversely effect the amenity of the area in relation to security, maintenance and preservation of the local environment. 28 days to appeal, fine of up to £1,000. LA can undertake works and recover costs from the owner.
87
What is included in a planning application?
The application will include: - Copies of the completed application form - The application fee - Ownership certificate Other information which may be included could be: - Flood risk strategy - Listed building/heritage statement - Sustainability appraisal - Design and access statement
88
How long does outline planning last for?
The consent will require the submission of a further application for reserved matters which must be contained in the subsequent detailed application within 3 years. Once the last reserved matters have been approved there is usually a 2-year period within which development must commence.
89
How long does full planning permission last for?
3 years from date of consent.
90
When is planning required?
When the work being carried out meeting the statutory definition of development: - building operations such as construction, demolition or structural alterations - material changes of use of land and buildings - engineering operations such as groundworks - mining operations - subdivision of a building

Legal and Regulatory Compliance (12 decks)

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