Planning

Question 1

What types of listed building are there and what is the act?

Answer 1

Grade 1, 2 star and 2.

Planning (listed building and conservation areas) act 1990

Question 2

What is the over arching planing act?

Answer 2

Town and country planning act 1990

Question 3

What’s permitted development rights? Has it been updated?

Answer 3

Act - permitted development rights 2008 (updated 2015)
Offices to Resi
Now permanent, can demolish buildings
Exception zones valid till 2019

Question 4

What is the starter homes initiative

Answer 4

Sold to those under 40 for 80% the market rate. Moving away from affordable renting to affordable buying

Question 5

What is the definition of development

Answer 5

S55 town and country planning act

The carrying out of building works, engineering, mining or material change of a building on or over land.

Question 6

Who do you serve notice to as part of a planning application ?

Answer 6

Freeholder or leasehold

Question 7

Key points of the NPPF?

Answer 7

Bring forward good quality housing
Town centres - sets out retail impact sequential test
Sustainable development
Reviewing green belt boundaries

Question 8

Localism act 2011

Answer 8

More power to communities
Devolved decision making to local government
Makes consultations mandatory for major applications
Community right to buy means local people can develop bids and take over assets of community value
Example - ruabon community consultation

Question 9

How long do you have to submit reserved matters for an outline app?

Answer 9

Typically 3 years. Then approval lasts a further two so you have up to 5 years before development must commence

Question 10

The building facade is listed but not the interior, do you need permission to change the interior?

Answer 10

Just because part of the building is listed you still have to consider the whole

Question 11

Do you have have to undergo community consultation for all types of app?

Answer 11

Only major development

Question 12

What defines a major planning app?

Answer 12

Over half a hectare

Over 1,000 sq m

Question 13

What are delegated powers?

Answer 13

When the planning officer decides the planning application. If enough complaints are received then the committee decides

Question 14

Key points of the NPPF?

Answer 14

Bring forward good quality housing
Town centres - sets out retail impact sequential test
Sustainable development
Reviewing green belt boundaries

Question 15

Localism act 2011

Answer 15

More influence to communities, devolved decision making to local government, makes consultations mandatory

Question 16

What are the timescales for detaining a planning application?

Answer 16

8 weeks for minor

13 weeks for major (16 if it includes environmental impact statement)

Question 17

S106 vs CIL

Answer 17

S106 (TCPA 1990)

• negotiable
• planning obligations set out by the lpa
• relate to forms of community gain in the form of specific works or payment of financial contribution to the lpa
• examples include cost of more school places, community facility or open space. Example : barnoldswick town centre promotion .

CIL

• based on a tariff system
• aim to speed up s106 and reduce the negotiability of them
• provide framework for developers, more predictability
• affordable housing cover by s106 still
• supports road, transport facilities, schools, medical facilities, open spaces etc.

Question 18

Describe the appeals process?

Answer 18

Can be lodged within six months of the grant of planning consent at the Planning Inspectorate.
Appeals can be heard by
- Written representation – most common form of appeal
- An informal hearing
- Planning inquiry – in the case of longer more complex cases where cross examination may
be required
- Decisions can be called in for determinations by the secretary of state

Question 19

What is a lawful development certificate

Answer 19

Verifies that the existing development is lawful.

Question 20

What is s106 and where have you used it

Answer 20

S106 (TCPA 1990)

• negotiable
• planning obligations set out by the lpa
• relate to forms of community gain in the form of specific works or payment of financial contribution to the lpa
• examples include cost of more school places, community facility or open space. Example : barnoldswick town centre promotion .

Used in barnoldswick, town centre promotion

Question 21

How long does full planning permission last?

Answer 21

Development must start within 3 years

Question 22

What is the main principal with conservation areas

Answer 22

Development must be in keeping with the area.