Planning Flashcards
(12 cards)
What is judicial review and what is the associated timescales
Can challenge decision made by public authorities. Can be up to 6 weeks from the date of the relevant decision
How is CIL calculated
Depends on size,type and use of the development.
Calculated on a GIA basis in sq m. Then multiplied by the charge for that use
What is S10.6
Under the town and country planning act 1990 it is a legal agreement between the LPA and land owner
Negotiation between the two
Usually paid at certain trigger points during the development
Main difference between CIL and S106
CIL - for infrastructure to support development, cannot be used for affordable housing, charging schedule must cover the whole area, tariff Based on charging system based on the increase on floor area of the scheme, viability is tested at district wide level at the evidence gathered stage and then charges are mandatory
S106 - only justifiable if necessary to make development acceptable in planning terms. Can be used for affordable housing, site specific charge, by negotiation, viability on a case by case basis
Benefits of CIL over s106
Can be calculated prior to development
Don’t have to negotiate
Easier quick
What’s excluded from CIL
Affordable housing
What are other planning costs you’d have to factor in
Promotion if it was unalloaxted
Planning fees for application etc
S278 fees
S106
CIL
How would you go about preparing a planning application
Check property issues, walk boundaries etc, is an environmental impact report needed, check flooding, highways etc do DD.
Review local plan to see policies
Design guidance
Review NPPF- to understand key considerations for an application to be acceptable
Considered proposals
Check validation requirements to see what would need to be submitted - application form, location plan, site plan, existing and proposed elevations if on a building
Got the information from the customers design team
Check the statutory determination dates and advise
What is the key legislation such as the town and country planning act 1990
Town and county planning act 1990 (act which regulates development land in England and wales) it replaced the 1947 act and control current development and future strategy.
Section 106 - allows for the settling in place of planning agreements or planning obligations that developers must meet to secure planning permission
What did the localism act 2011 state?
Give more autonomy at local level. More power to local giving greater control over finance public services
Communities have right to permit development without planning permission with focus on neighbourhood planning
Neighbourhoods benefit from CILS
Developers obliged to consult local communities
National planning policy framework
Was first published in March 2012 and it reduced from 1000 pages to 50 pages.
Balance of economic growth with environmental protection. Streamline the planning process, ensure planning decisions are made at grass roots, in favour of sustainable development, return to local plan system, local planning authorities to demonstrate 5 yearly housing supply, regional housing targets should be abolished and targets to be set locally
When did the NPPF get revised?
In July 2021, changes included
Need to address UN sustainable development goals, protect environment biodiversity
Deliver sufficient homes
Cycle routes and pedestrian
Sustainable transport modes
Beautiful and sustainable places
It was then revised again - in sep 2023 (changes include meeting challenges of climate change and coastal erosion, wind farm planning policy)
