Planning Flashcards
(18 cards)
Who is responsible for listed buildings?
Historic England
Who is responsible for protected areas?
Natural England
What does the environment agency do?
looks after the protection and enhancement of the environment, deals with issues like flood risks.
What is the planning process for England Wales?
The planning process in England and Wales is divided into two levels –
➢ Forward planning/development planning – drawing up of strategic development plans by planning authorities (usually district/borough/metropolitan and unitary councils) with long-term strategies mapped out to guide day-to-day decisions.
➢ Development control – the day-to-day decisions on whether to approve a planning application.
Who makes decisions on planning applications?
The relevant local authority.
Who deals with small and big developments?
Small developments may be dealt with by council planning officers, bigger ones will have to go in front of the council planning committee.
Before the committee meets, council officers will make a report – this can include talking to interested parties – and make recommendations.
What are the two types of planning applications?
➢ Outline planning permission – basically consent “in principle”. Allows developers to test the water with a proposal they may/may not want to pursue. Plots of land are usually sold with outline permission (e.g. to build flats). Permission lasts for five years, but if a developer has not proceeded to the next stage within three years, it lapses.
➢ Detailed planning permission – the second stage, when a developer decides to go ahead with a proposal. It gives details about the development, addresses issues such as transport, environmental concerns. It lapses if not acted on within five years. Larger-scale applications – such as housing or retail developments – require both levels of consent.
What are the planning application outcomes?
Unconditional consent- approved with no alterations.
Conditional consent –
approved subject to specific conditions – e.g. better traffic crossings).
In these cases outline permission may be given with attached conditions which have to be addressed before gaining detailed consent.
Refused – outright rejection of plans, no permission
How do appeals work for planning applications?
Unsuccessful applicants can appeal to the Planning Inspectorate for England and Wales
➢ This must be within six months of the date on a decision letter.
➢ Appeals are decided in one of three ways –
➢ A planning inspector considers written representations
from both sides and makes a brief site visit
➢ A formal hearing, with both parties present
➢ A full planning inquiry.
➢ Most appeals are determined by the written method.
➢ Third-party objectors have no right of appeal against
successful applications, but can mount legal challenges,
which can sometimes result in inquiries.
➢ In England, the Secretary of State has the power to “call
in” applications – taking it out the hands of the planning authority to make the decision themselves. V few are called in.
➢ The only way to challenge “final rulings” is through judicial review in the High Court.
What are three planning issues?
Planning gain- Developers may offer extra infrastructure – such as traffic measures or social housing in a new development – when seeking approval for an application. This is known as “planning gain” or “planning contribution”.
A local authority can issue a compulsory purchase order for any building it needs to acquire (e.g. for a bypass).
The decision can only be overturned by judicial review.
Buildings must be bought at full market value.
“Planning blight” is when a property’s value drops due to a controversial application.
Building regulations are usually required even when formal permission is not needed for a new build or to adapt a structure.
The reason is to ensure the building is structurally sound. An inspector visits to ensure it meets safety standards.
What is a listed building?
Owners of historic buildings or those of architectural interest can qualify for help with upkeep costs by applying for it to be listed
➢ Buildings are listed on the advice of Historic England.
➢ Listing is usually approved for –
✓ Buildings with “architectural interest”
✓ Those with links to nationally important people or
events
✓ “Group value” as an architectural or historical unit,
or fine example of planning.
➢ There are three “grades” –
✓ Grade 1 – those judged “exceptional”
✓ Grade 2 – fractionally lower down
✓ Grade 3 – those judged “particularly important”.
What is a conservation area?
Another way of protecting groups of buildings, or whole areas of a village/town is to designate them as conservation areas which protects them from unsympathetic or inappropriate alterations.
What are the three types of land a council can build on?
Greenfield – sites that have never been developed or which have been allowed to remain “fallow” for many years (like fields, parks and public gardens)
➢ Brownfield – plots of land (often in town centres or suburbs) which were previously developed (like abandoned office blocks, car parks or derelict wasteland
➢ Greenbelt – land preserved around towns and cities to protect wildlife and prevent urban sprawl.
What areas of housing are the council responsible for?
Building and maintaining housing stock
Granting planning permission for public, private and voluntary housing schemes.
Providing night shelters, temporary accommodation and longer-term support for homeless people.
Assessing claims for Housing Benefit and other benefits and administering them.
What is social housing?
is provided by housing associations or local councils. These houses usually have rents linked to local incomes and is typically more affordable than private renting and offers a more secure, long-term tenancy.
What is affordable housing?
covers a variety of things, such as renting homes for no more than 80% of the average local market rent and schemes which help people to buy homes.
What is housing benefit ?
is a payment which covers all, or part, of someone’s housing costs. It is calculated using a Local Housing Allowance formula.
Homelessness
Councils have a statutory duty to house the “unintentionally homeless” and those threatened with homelessness “within 28 days of being made aware of their predicament”.
➢ Councils are allowed to take into account available accommodation across Britain and “elsewhere”.
➢ Prioritised groups include –
✓ Those with dependent children
✓ Those made homeless by emergencies or
disaster
✓ Vulnerable due to old age or disability
✓ Those who are pregnant.
➢ When assessing applications and while waiting for permanent housing to become available, councils often use short stay places such as hostels and B&Bs
➢ There is ongoing controversy around the definition of “intentionally homeless”.
