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apc revision > Planning > Flashcards

Planning Flashcards

1
Q

What are the two main legislations that govern the planning system?

A

The National Planning Policy Framework (NPPF) and the Localism Act 2011

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2
Q

When was the last National Planning Practice Guidance issued?

A

2018

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3
Q

What rules and initiatives does the Localism Act include?

A
  • Give more autonomy at a local level, by transferring powers from central government to local government, giving them greater control over finances and public services.
  • Encourage housing development
  • Neighborhoods to benefit from CIL
    -Local authorities to co-operate on planning matters
    -Developers are obliged to consult local communities on planning applications
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4
Q

When was the NPPF first published by the Government?

A

March 2012

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5
Q

What are the key policies within the NPPF?

A
  • Balance economic growth with environmental protection
  • Streamline the planning process
  • Presumption in favour of sustainable development
  • Front load planning applications
  • Planning decisions to be decided at local level
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6
Q

What were the main changes in the NPPF, July 2021

A

-Deliver sufficient supply of homes
- Cycle and pedestrian routes should be proactively planned for.
- Plans to account for flooding risk
- Use of tree planting is promoted

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7
Q

What were the main changes of the revised NPPF, Sept 2023

A
  • safeguard local plans from densities that would be wholly out of character;
  • free local authorities with up-to-date local plans from annual updates to their five-year housing land supply;
    -support self-build, custom-build and community-led housing;
    -cement the role of beauty and placemaking in the planning system
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8
Q

What is the definition of development according to the Town and Country Planning Act 1990?

A

‘the carrying out of building, engineering, mining and other operations in, over, or under land, or the making of any material change in the use of any buildings or land’.

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9
Q

What are the two timescales for outline planning permissions?

A

Submission of a further application for RM which must be submitted within 3 years.
Commence development within 2 years of last RM approval.

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10
Q

How long does a Full Planning Permission usually last for?

A

2 years

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11
Q

What does a planning application usually include?

A

Application form
Fee
Ownership certificate
Location plan
Site plan
Drawings
FRA
Tree Survey
Ecology Survey
EIA
DAS
Access Statement
Access Statement

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12
Q

What do you do to prepare for a planning application

A
  • understand my client’s objectives, i.e. what planning application to submit
    -Understand the property, who owns it, walk the boundaries.
  • any planning issues? such as in a conservation area or listed
  • Proposed development- any overlooking?
  • Highway and access
  • Services
    -Environment
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13
Q

What are the application timescales for a application and major application?

A

8 weeks from the date of validation
13 weeks for a major application
16 weeks if an application includes a EIA

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14
Q

How many weeks does it take to discharge a condition?

A

8 weeks

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15
Q

What act introduced the S106?

A

Town and Country Planning Act 1990

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16
Q

What is a S106 agreement?

A

Planning obligations set out in a legally binding agreement are enforceable by the LPA and are site-specific impact-related only. It is to be entered into before the planning consent is granted.

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17
Q

Items included in the S106 need to be…

A

a necessity, have a direct relationship with the development and fair and reasonable.

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18
Q

What is CIL?

A

It is a community infrastructure levy which is used by LPA to raise funds for infrastructure necessary to support development in the area.

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19
Q

What measurement is CIL measured on?

A

M2

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20
Q

Why was CIL introduced?

A

To reduce considerable negotiations required to complete an S106 agreement and standardise and speed up the planning process.

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21
Q

When is an Assumption of Liability Notice served? and what is it?

A

Prior to commencement, it is a notice served which accepts responsibility for CIL liability.

22
Q

What is CIL spent on?

A

Local and sub-regional infrastructure to support the development of the area, including flood defenses, open space, road and transport facilities.

23
Q

What regulation is CIL governed by?

A

Community Infrastructure Levy Regulations (2010)

24
Q

What did the amendment of the Community Infrastructure Levy Regulations 2015 set out?

A
  • Pooling S106 Contributions
  • Installment policies
25
Q

What did the Community Infrastructure Levy Regulations 2019 require LPA’s to do?

A

Provide an annual report setting out how much CIL and S106 they have collected and what they have spent it on.

26
Q

What are the different flood zones?

A

1 - Low probability
2- Medium probability
3a- High probability
3b- Functional floodplain

27
Q

What are the main differences between S106 and CIL?

A
  • CIL - used for all infa necessary S106- Only justifiable if necessary to make the development acceptable in planning terms, relates directly to it.
  • CIL - cant be used to secure affordable housing, S106 can.
  • CIL has a charging schedule, S106 is a site specific charge
  • CIL - Tarif is based on increase on flood area, S106 is by negotiation
  • CIL viability is done on a district wide level, S106 is on a case by case basis.
28
Q

How long do statutory consultees have to respond on an application?

A

21 days

29
Q

How long after a planning consent can you lodge an appeal?

A

Up to 6 months

30
Q

What can you appeal on?

A

A decision or onerous condition

31
Q

Who do you submit planning appeals to?

A

The planning inspectorate

32
Q

How can appeals be heard?

A
  • Written statement
  • An informal hearing
  • Planning inquiry
  • Decisions can be ‘called in’ by the secretary of state
33
Q

When can you submit an appeal for non-determination?

A

After 6 months

34
Q

What is a stop notice?

A

It prohibits the continuation of any activity that is set out in an enforcement notice until the enforcement has been complied with. It can operate with an enforcement notice. Failure to comply can lead to up to £20,000 fine.

35
Q

What is a breach of condition notice?

A

Where there is a breach of a specific condition in the planning consent.

36
Q

What are use classes?

A

They are classes which define what a building can be used for.

37
Q

What use class is residential dwellings?

A

C3

38
Q

What use class is commercial?

A

E

39
Q

When were the use classes amended?

A

2020

40
Q

What is permitted development?

A

Permitted Development grants rights to enable homeowners to undertake certain types of work without the need to apply for planning permission

41
Q

What is an enforcement procedure?

A

An LPA can serve one against the owner or occupier of the land. The notice will state the breach of the planning control and the steps to remedy it.

42
Q

What is a listed building?

A

A property which is considered to be a national architectural or historic interest or under threat. Three grades, 1, 2* and 2. Its an offence to carry out works on a listed building without prior listed building consent.

43
Q

What is a conservation area

A

An area of special architectural or historic interest, character or appearance of which it is desirable to preserve or enhance.

44
Q

What is the conviction if you cut down a TPO?

A

Up to £20,000 in the magistrates court or at Crown Court, unlimited fine.

45
Q

How do you find out if a tree has a TPO on it?

A

Recorded in the Local Land Charges Register

46
Q

What is an Environmental Impact Assessment?

A

A systematic process used to identify, predict and evaluate the environmental effects of proposed development action prior to permission being granted. It provides a detailed assessment of the proposed development and its likely effect on the environment. Looks as issues such as flooding, ecology, pollution etc.

47
Q

What is article 4 to do with? and when would it be issued?

A

PD rights. It is issued by LPA’s in circumstances where specific control over development is required, primarily where the character of an area of acknowledged importance would be threatened. Applied to an area.

48
Q

What is a S73 application?

A

The process that allows for the LPA to agree to a request to remove, vary or discharge a planning condition following the grant of a planning consent.

49
Q

What is the Infrastructure Act 2015?

A

It is an act that:
- has made it easier for empty buildings and redundant buildings to be converted to productive use, supporting brownfield regeneration.
- Allows for deemed discharge on planning conditions.

50
Q

What is the Housing and Planning Act, 2016?

A

It has allowed:
- An increase in the construction of starter homes
- Provides the sec of state with more powers to intervene in in NP functions of LPA’s.
- Power for sec of state to grant development consent for housing that is linked to an application for a nationally significant project (NSIP).

51
Q

What is the Neighbourhood Planning Act, 2017?

A

It strengthens neighbourhood planning, aiming to free up more land to build houses and speed up the planning process to enable more houses to be delivered. It streamlines the CPO process.

52
Q
A

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