Flashcards in Planning 2019 Deck (27)
Legislation for permitted development for agricultural buildings
Town and country planning (General Permitted Development) (England) Order 2015
Schedule 2 Part 4 Class A and B
Definition of agrixulture for planning
S.336 1990 Town and Country Planning Act
Class A - Agricultural development on holdings of more than 5 Hectares
1,000m2 every two years
Height - 12m maximum
Not within 25m of a metalled trunk road
Livestock buildings not within 400m of a protected building
Detwemination period - 28 days
Definition of Development
Section 55 of the Town and Country Planning Act 1990
Requirement to obtain planning permission
Section 57 of the Town and Country Planning Act 1990
Pre- application requirements
Section 61 Town and Cuntry Planning Act 1990 - must publicise the application reasonably. Must give details of how comments can be submitted, to whom and by when.
What must be included with an application
section 62 of the Town and Country Planning Act 1990
Evidence and details of all material considerations for the application
Residential conversion of agricultural buildings
Class Q - Town and Country Planning (General Permitted Development) (England) Order 2015
3 larger dwellings of 465m2 in total
5 smaller dwellings of 100m2 each
can have 3 smaller dwellings and 1 or 2 larger dwellings
Policy Supporting conversion of redundant buildings
NPPF - Para 79
Common issues with Class Q
Lack of natural openings
Resistance to extensioInability to increase roof height
Outdoor cutilage included within the foot print floor area
Protected Species Surveys
Conversions costs outweigh cost of a new build
Structural Survey - must be physically capable of conversion
Support for Rural Workers Dwellings
The essential need for a rural workers, including those taking a majority control of a farm business, to live permanently at / near their place of work in the countryside.
Sustainable home supply
NPPF - Section 5 - paragraphs 77 - 79
Supporting a rural economy
NPPF - Section 6 - paragraph 83
Sustainable growth and development of rural areas and rural businesses, sustainable development of rural tourism and leisure facilities, retention and developent of local services.
Conserving and enhancing the natural environment
NPPF - Section 9 - paragraphs 107 policies should recognise the economic and other benefits of the highest grade agricultural land and it should be protected.
Protecting Greenbelt Land
NPPF - Section 13
prevents all development which is not agricultural, forestry, outdoor, recreationalsport facilities and extensions and alterations toexisting buildings, replacement of a building, limited village infilling and affordable development
Local Plan Requirements
Positively prepared, justified, effective, and consistent with the NPPF
All plans are reviewed and scrutinised prior to being adopted.
NPPF takes precendent
Material considerations to planning applications in rural areas
protect the undeveloped openness of the countryside
presumption against development
Key receptors: residential development, gardens, PROW, Listed Buildings and recreational areas.
the standard background noise level in the countryside is 30 decibells anything which will increase this including livestock facilities must be considered.
important habitats for Mammals, Birds, Flora, and aquatic species should be protected
Legislation which protects protected species for planning purposes
Wildlife and Countryside Act 1981
LPA requirements for ecology services
Surveys are valid for 2 years
Must be conducted at the right time of year
Many applications cannot be validated without surveys
When will Natural England grant a licence to disturb ecology?
1 - overriding public interest
2 - no other satisfacotry alternative
3 - favourable conservation statu
Transport and Highways
Must have suitable access for all developments.
Lack of public transport is a material consideration.
Date building must have been built, or last used for agriculture to qulify for permitted development Class Q conversion
Full Planning Application determination period