What are the requirements for Class R?
- Building must have been used for agriculture on and before 3rd July 2012
- Building must be under 500sqm in size
- The site is outside of a military explosives storage area
- The site must be outside of a safety hazard area
- The building must not be listed or a scheduled monument
What was the cost of the Class R application?
On a plan submitted as part of a planning application, what is required?
This depends on the validation requirements of the local authority, typically the copyright, north arrow, scale.
What goes into a design and access statement?
- Site location
- Site context
- Massing and areas
- Materials and character
How might flood risk affect planning potential? Can you mitigate against this?
If the development is in EA flood risk zone 2 or 3 its is best to get a Flood Risk Assessment to establish if the proposed development is likely to be affected by current or future flooding. An environmental or geotechnical engineer may be able to advise on mitigation.
The NPPF sets out policies to avoid inappropriate development in areas at risk of flooding.
Are Neighbourhood Plans binding / law?
A neighbourhood plan attains the same legal status as a local plan. Planning applications must be determined in accordance with the development plan - section 38(6) of the Planning and Compulsory Purchase Act 2004).
How must local plans created?
Local plans must be positively prepared, justified, effective and consistent with national policy in accordance with section 20 of the Planning and Compulsory Purchase Act 2004 (as amended) and the National Planning Policy Framework.
Tell me what went into the planning statements that you have written?
A planning statement for Full Planning application I have written included:
● Context of the application
● Pre-application consultation
● Character of the Area
● Current Use
● Site and Proposal
● Planning History
● Planning Policy
What impact does the Green Belt have on a development?
The NPPF considers development in the Green Belt to be inappropriate unless under very special circumstances. Exceptions are:
● Buildings for Agriculture or Forrestry
● Provision of facilities
● Extension or alteration of a building (not disproportionate)
● Replacement of a building
● Limited infilling in villages
● Limited infilling or partial or complete redevelopment of previously developed land
● Limited affordable housing
What is the process for adoption of a Neighbourhood plan?
- Setting up a neighbourhood area application
- Publishing proposals for the plan
- Submission of a draft plan to the LPA which complies with the NPPF and Strategic Elements of the local plan
- Examination by independent examiner
- A referendum to establish community support
What is a planning condition?
A planning condition is a condition imposed upon the grant of planning permission.
Types of conditions are pre-commencement, pre-occupation and permanent conditions. Pre commencement conditions can prevent any development taking place until the condition has been complied with.
Where would you advise your client to avoid using PD rights
Where material alterations to the building are planned to take place and there is a risk of enforcement action, where the PD rights could be better used elsewhere on the site, for a more strategic purpose.
What did the Localism Act bring in?
Localism Act 2011
Neighbourhood Plans, Neighbourhood planning orders and the NPPF,
What is the definition of development?
“the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land”
What is sustainable development?
The NPPF classes sustainable development as Development, which is economically, socially and environmentally responsible.
The Brundtland Report defined it as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs”
Why would you use the pre-app process?
Where a planning project is contentious or you are not sure if it meets the requirements of the local plans policies, pre application advice can give a low cost way of finding out if an application is likely to be supported by the LPA or not. This process can also give advice on changes which will help the application to be supported by the LPA.
What are the options available to your client if they are refused planning consent?
- Accept that the consent is refused
- Re-submit within 12 months for free
- Appeal the Non-determination (if the LPA doesn’t decide in the 8 week window)
- Appeal within 12 months the decision
a. Through written representations and informal hearing
b. By referring the matter to a public enquiry
c. By referring the matter to the secretary of state
Are you aware of any upcoming changes in the planning system?
The MHLG has extended the temporary use of land rules to allow for 56 days of use of land for a use without planning permission.
What are the rules for temporary use of land?
Temporary use of any land for any purpose without planning permission is not permitted for more than 28 days – extended currently to 56 days.
There is a 14 day limit for Markets, or Motor Racing.
What enforcement action can be taken against your client if they were to do work to a listed building without consent?
They could be criminally prosecuted and have an enforcement notice served on their property to remedy or put back and make good any changes made.
What are the grounds for appeal if your client is served an enforcement notice?
A planning enforcement (Section 172 of the Town and Country Planning Act) sets out the LPA’s view on the breach and what steps are required to stop or remedy the breach. An appeal can be made within 28 days of issue, non-compliance can issue fines of up to £20,000.
What are the changes to the Use Class order?
The amalgamation of a variety of uses in to Class E (commercial, business and service) . Increasing the number of uses identified as Sui Generis.
What are the time limits for a CLUED?
Four years for building, engineer or mining operations on land without planning where four years has elapsed after the development is substantially completed
Four years for change of use of a building or part to a single dwellinghouse.
Ten years for everything else.
What are you generally required to submit with a planning application?
Depends on Valiadation requirements, typcailly:
Design and Access Statement
Design & Access statement is required for all major apps (10+ units, 1,000sq.m+) and on all listed building apps. Lower thresholds also apply in conservation areas and World Heritage sites.
If a planning application is not determined within eight weeks what options are available to applicants?
Agree to an extension of time with the LPA or appeal against non-determination. You could also withdraw the application and resubmit.
If a proposal is rejected, how might you proceed? Can you resubmit?
You can appeal to the Secretary of State within 6 months of the date of the decision notice.
You can resubmit providing that a genuine attempt has been made to overcome the reasons for refusal. A LPA can decline to determine repeat applications that are similar to an application that has already been refused on the same site. In doing so, planning authorities must be confident that there have been no relevant changes to the development plan since the original application and there have been no relevant material changes relating to the site.
When do PD rights not apply?
National Parks, Article 4 areas, Conservation Areas, Listed Buildings, the Broads, World Heritage Sites.
what is a prior approval application?
Prior approval means that a developer has to seek approval from the local planning authority that specified elements of the development are acceptable before work can proceed. The matters for prior approval vary depending on the type of development and these are set out in full in the relevant parts in Schedule 2 to the General Permitted Development Order. A local planning authority cannot consider any other matters when determining a prior approval application. Includes neighbour consultation.
What are the different types of appeal, what do they mean for your client? In terms of cost, etc?
• Householder Appeal
• Written Representations – majority of non-householder appeals. Inspector makes decision based on written submissions from applicant, LPA and any objectors.
• Hearing – Usually completed in a day. Allow planning arguments to be presented to the inspector in person. Less formal than an inquiry, more like a discussion. Parties are not normally represented by a solicitor. Do not question each other’s evidence.
• Inquiry – Usually involves large scale developments or those that are highly controversial. Both parties will be represented by a barrister. Involves formal questioning & cross-examination. Can last a day to several weeks depending on the application.
What is a TPO?
Tree Preservation Order. LPAs have power to protect trees via TPO. Can be specific trees, groups of trees or woodlands in the interest of amenity. It is an offence to lop, damage or cut down a tree with a TPO. It is a criminal act. You can be fined up to £20,000 or unlimited if it is a serious offence.
What is an Article 4 direction?
Article 4 of the GPDO. Provides local planning authorities with the power to withdraw particular Permitted Development Rights from a specified area, such as office to resi in a business district. Can be temporary or permanent. Can be a specified site or local authority wide area. Must provide good reason before issuing. Common in conservation areas.
What provisions does a local planning authority have to enforce a planning condition?
Retrospective Planning Application - LPA can invite applicant to submit a new planning application to regularise the situation.
Planning Contravention Notice – allows an LPA to invite owner to submit information regarding the use of a property before enforcement action. Can be used to remedy a suspected planning breach.
Enforcement Notice – should only be issued by LPA if it is satisfied a breach of planning has taken place. Should be used when the issue needs resolving ASAP and should include steps to remedy the breach. An appeal against enforcement must be submitted before the expiry of the enforcement notice when the LPA is to take action.
Stop Notice – Prohibits the continuation of any activity that is set out in an enforcement notice until the situation has been remedied. Can only be used in conjunction with an enforcement notice. Failure to comply with stop notice can lead to a fine of up to £20k in a magistrates court or unlimited in a higher court.
Breach of Condition Notice – refers specifically to conditions contained within a planning consent.
Injunction – goes through the courts to immediately stop the breach of planning control, can be imprisoned if in breach.
Advise a client on a planning permission that only has 6 months life left.
Make a material start (providing all pre commencement conditions have been dealt with) or apply for an extension of time. As principle of development has been established it may be that reapplying may also be suitable but will cost money.
What are considered to be material operations?
Any development that involves a material change in the use of a site and is in accordance with the approved planning permission, such as digging foundations, demolition, laying out or putting in part of the access road. A material operation is required to activate a planning permission under Section 56 of the TCPA 1990.
What is the NPPF?
The framwork under which Local and Neighbourhood plans are drafted against.
How long does a local plan last?
What constitutes ‘up to date’ will depend to some extent on the nature of the local area, but local plans are likely to be updated, at least in part, every five years.
What is the time limits for prior approval?
8 weeks, the same of usual planning permission.
What is a planning obligation?
Something which must be supplied as part of the development, typcially S106 for major applications.
What constitutes a major/ minor application?
Major is usually over 10 units or over 0.5 ha
What might a large scheme require survey wise?
An EIA screening report from an ecologist?
What is included in an EIA?
An EIA includse:
Assessment of impacts of development
Monitoring and guidance
What is CIL
Community Infrastructure Levy is a charge which can be levied by local authorities on new development in their area. It is an important tool for local authorities to use to help them deliver the infrastructure needed to support development in their area.
Only applies in some Local Authorities, get in contact with the LPA to find this out.
Usually charged on a £/ sqm basis
When is development permitted in the Green Belt?
- Agriculture and Forestry
- Limited Infill
- Limited Affordable housing
- replacement of rural building
- extension of a building
- business for provision of appropriate facilities
What is the full planning application process?
- Consultation (public, statutory and non-statutory consultees) - 21 days
- Assessment of the application
- Determination within 8 weeks
What is a SHLAA
Strategic Housing Land Availability Assessment is a technical exercise to determine the quantity and suitability of land potentially available for housing development. It is not a site allocations exercise – the purpose is to provide a robust indication of aggregate housing capacity at local authority level.
What is a HELLA
A Housing and Economic Land Availability Assessment (HELAA) is to identify a future supply of land which is suitable, available and achievable for housing and economic development (such as employment, retail and leisure) over the plan period.
What is a five year housing land supply?
The NPPF requires councils to have enough sites ready for development to mee their housing needs for the next five years.
If this cant be met by the LPA then there should be a presumption in favour of sustainable development.
Often this means the LPA loos control over where new homes are built.
Is your LPA meeting its Five Year Housing Land supply.
Presumption in favour of sustainable development has not been triggered in AVDC or West Oxfordshire.
How can you appeal a planning application which is refused?
If the application was not determined within the 8 week windown then you can appeal on non-determination grounds to the planning inspectorate. 6 months to do this.
Otherwise you can appeal to the planning inspectorate for the following ways within six months of the decision notice:
- Written Reprisentations
- Public Enquiry
- Informal Hearing
What are the landowers options if served with a planning enforcement notice?
Apply for retrospective planning - if allowed
Appeal within 28 days
- if the notice was served incorrectly or invalid
- if the illeged breach was not actually done so
- appeal that a CLUED could be applied for (rights are lost by the LPA for enforcement if over the time limits 10/4 years)
What are the implications of a planning enforcement notice?
Prosicution through court
The council could take out an injuction
Direct action where the council seek to claim the applicants assets up to the amount of the uplift in value provided by the planning
When might the Council serve a STOP notice?
Where there has been a change of use of an area, a car park for instance.
If not complied with then the Landowner has comitted an offence and can be taken to court.
Development in accordance with Class A is Not permitted when?
The development will be carried out on a separate parcel of land under 1ha
The building is not part of an established agricultural unit
The building would constitute erecting of a dwelling
The building would not be suitable for agriculture
The building would exceed 465 sqm
The height within 3km of an aerodrome would exceed 3m, or outside 3km of an aerodrome the height would exceed 12m
Any part of the development would be within 25m of a trunk or classified road
The building would be within 400m of a protected building