Planning and Development Management Flashcards

Question

Tell me about how you would ensure the application was valid?

Answer 1

I would use the Planning authorities validation standards checklist to ensure that I provide all relevant and correct information and I would use the ePlanning Scotland calculator to ensure I calculated the correct fee.

Answer 2

The information required is dependent on the nature and scale of the proposals, the location and surrounding context. However, in my experience applications for housing development commonly include site investigation reports, flood risk assessments, drainage impact assessment, and ecological surveys i.e bird and bat surveys.

Answer 3

The planning authority have up to 4 months to determine applications for planning permission for national developments and major developments and for local development up to 2 months.

Answer 4

Unfortunately not. It is often very common that applications are not determined within the statutory allowed limited. This creates a critical area for managing client expectations.

Answer 5

The appointed officer would write to information the agent/application and seek agreement to extent the period for determination. I would then engage with the planning officer to understand the reasons causing causing delay and then report this to my client for a decision.

Answer 6

I would explain the process to my client and understand their requirements and expectations. I would liaise with the planning officer to understand the reasons behind the delay and seek to establish a new target determination date. I would report this to my client and inform the appointed officer accordingly. If my client agreed to the extention, I would ensure that that this was recorded in an Extension of time agreement.

Answer 7

A planning processing agreement is a project management tool. It sets out the key processes involved in determining a planning application, identifying what information is required from all stakeholders’ involved and setting timescales for the delivery of various stages of the process. Processing agreements set out a route to a decision on an application, not necessarily to an approval.

Answer 8

Planning authorities tend to promotes the use of Processing Agreement for all application types (Detailed applications, planning permission in principle, approval of matters specified in conditions, etc.) however a formal processing agreement is most appropriate for major applications or for local developments that are complex, involve legal agreements, or are likely to be contentious or require amendments to be made to the proposals during their processing.

Answer 9

The main purpose of the agreement is to provide clarity to all parties involved in the determination of the application of their responsibilities and to establish realistic timescales for processing the application. Agreements should be proportionate – all processing agreements should cover the following: - - Key contacts in the process - Information requirements and identified actions to enable the determination the application - Application processing timetable including target dates for identified actions. Agreements for more complex applications may also cover: Pre-application stage - Consultees and other stakeholders - Legal agreements and financial contributions (where required) - Discharge of conditions

Answer 10

The Planning (Scotland) Act 2019 contained provisions on Development Management including changes to: - Pre-application consultation - Duration of planning permission - Declining to determine similar applications - Schemes of delegation, appeals and local reviews There is also several provisions that have already been brought into force, including requirements relating to noise-sensitive developments (agent of change), provision of changing places toilet facilities and a statement as to conformity with the development plan

Answer 11

Changes to pre-application consultation ("PAC") procedures for applications for planning permission will now come into force on 1 October 2022. They key changes include: The PAC must include at least 2 public events (rather than the current requirement of 1 event), held at least 14 days apart (Note: although public events can currently be held online, they must be held physically once COVID restrictions are lifted; the Regulations do not facilitate a shift to virtual events going forward). At the final public event held, applicants must feedback on the comments received throughout the PAC. There is a new exemption to carrying out a PAC for applications for developments similar to the whole or part of a development where a PAC has already been carried out within the prior 18 months (subject to certain caveats). The content of the PAC report has been placed in legislation (rather than guidance)

Answer 12

It has introduced provision so that the development to which the planning permission relates must be begun not later than the expiration of 3 years beginning with the date on which the permission is granted or such other period (whether longer or shorter) as the authority concerned may specify when granting the permission. i.e a return to a situation when the duration can be a condition.

Answer 13

Provided for the Scottish Ministers to provide guidance clarifying the meaning of "similar application" and "significant change" in relation to declining to determine 'repeat' applications, and extending the time period in which authorities can decline to determine an application from 2 years to 5.

Answer 14

The principle states that the party introducing a new land use is responsible for managing the impact of that change. This includes situations where the new use is more sensitive than nearby existing uses and could be adversely affected by them, for example, new residential development over a nightclub.

Answer 15

Yes, section 17 of the Planning (Scotland) Act 2019 introduced powers for local authorities to define short-term let control areas, like Edinburgh has done. Where the planning authority has designated a Short term let control area, planning permission will be required where the use of a dwelling-house or flat for short term let is deemed to be a material change of use for which planning permission is required. I have no personal experience of these applications, but from reading cases I understand that there handling tends to revolve around their potential impact on neighbouring residential properties/residential amenity.

Answer 16

My supervisor provided me with the details of the proposal and I reviewed these. To inform my understanding I then undertook a site visit to appreciate the context. Once back at my desk, I looked at the ePlanning portal and reviewed at proposals against planning policy to highlight potential issues. I a requested additional information on how long the building had been vacant and its condition as I felt these two points could lend support to its reuse as residential dwelling-houses and I addressed potential concern about residential amenity. I drafted the statement and asked my supervisor to review before this was sent to client for approval.

Answer 17

``` Yes the building was a traditional stone built building with a slate roof and timber sash and case windows. I understand that it was in a dilapidated state with extensive works required. It was been vacant for at least 5 years. Planning permission was sought for a change of use from clinic (Class 2) and public library (Class 10) to form two dwellinghouses (class 9). ```

Answer 18

I noted that the building was formerly owned by Fife Council but has since been sold, which demonstrates the lack of community need for the building in the first instance. Further to this, given that the building has been empty for a number of years, this has led to deterioration including dry rot and failing timber sash and case windows. I also made reference to that fact that alternative community facilities were available nearby.

Answer 19

I noted that as the openings are already in place, albeit boarded up at present, there would have already been opportunity for overlooking from the existing community use of the building which would not be significantly increased as a result of the proposed works. Indeed, as one would expect less people in residential dwellings as opposed to a clinic or library, the net effect is likely to be positive in terms of neighbour amenity.

Answer 20

As a large housing association, my employer often assists small registered social landlords. In this case, one of our partner organisations had highlighted that these proposals were adjacent to their housing stock and a number of tenants had reported their concerns and wished to objection. I was asked by my manager to prepare a objection statement to the proposals.

Answer 21

In order for an objection to be valid, it must have been made within the period of neighbour notification. It must be made in writing, include a name and postal address and contain valid planning reasons for objecting. Quantum may have implications for who determines the application, but it doesn't influence the planning merits/demerits of the proposal.

Answer 22

Contrary to the Development Plan Government circulars, orders and statutory instruments Previous planning appeals Appearance (design, materials, scale etc); Traffic, parking and access problems Residential amenity (overshadowing, overlooking, noise, odour etc) Effect on the setting of a Listed Building or character of a Conservation Area Loss of trees or landscaping issues Risk of flooding

Answer 23

Neighbour Notification is a statutory process that the Council have to carry out for all planning applications. The Council, as Planning Authority, must serve notification to neighbours on land that shares a common boundary with the application site, or within 20 metres of the boundary of the land of the proposed development.

Answer 24

This process applies to applications for planning permission, planning permission in principle, and applications for approval of matters specified in conditions.

Answer 25

Where the Council are unable to serve notification because there's land with no premises within the area of neighbouring land, the Council are legally required to publish a notice in the local newspaper. A fee of £155.00 is charged to the applicant to cover the cost of the publication. Only planning applications relating to non-householder applications will incur this charge. The Council will inform the applicant if an advertisement fee's required.

Answer 26

The Council are responsible for organising the neighbour notification and they pay for it. Typically in Scotland the consultation period is 21 days from the issue of the letter.

Answer 27

The notice will include: date of the notice the name of the applicant/name and address of the agent the application reference number the address or description of the location of the application site description of the development details of how and where the plans, drawings etc. can be inspected how and when comments and representations may be made a location plan showing the application site and neighbouring land

Answer 28

The planning officer cannot have regard to comments that have been received late however it is common for them to notice this in the report of handling.

Answer 29

This was a local application. Under the Heirarchy of development regulation 2009 , the proposals would have been major if they had proposed development with a gross flood space of 10,000 square metres; or if the area of the site is or exceeds 2 hectares. The application site extends to approximately 0.19 Ha a

Answer 30

In Fife, applications attracting six or more separate individual representations (i.e. this excludes six letters of representation from a single person / organisation) which are contrary to the officer's recommendation. Or alternatively applications attracting objections from statutory consultees, where the recommendation is for approval.

Answer 31

Development management involves the determination of planning applications. Applicants can apply for ‘Full Permission’ or ‘Planning Permission in Principle.’ Full planning applications include every detail needed for the local authority to decide on the proposal. Planning Permission in Principle contains only enough information for the local authority to decide if the principle and broad type of development is acceptable. Planning applications fall within one of three categories: National Developments, Major Developments or Local Developments. The category of a planning application will determine how the application is determined and whether additional information needs to be submitted. Most planning decisions are made under powers delegated to professional planning officers. A planning committee, made up of councillors or ‘members’ of the authority, usually decides more significant or contentious applications. Scottish Ministers become involved in a small minority of cases

Answer 32

An EIA may be necessary for a development that, due to its location, scale or nature, is likely to have significant effects on the environment. If an EIA identifies significant impacts that cannot be avoided or mitigated, a decision maker may decide to refuse permission. The report on the EIA is known as an Environmental Statement. The planning authority must take into account the information provided in the Environmental Statement.

Answer 33

SEA is intended to highlight any significant effects that a plan, policy or strategy might have on the environment. All development plans must be subject to SEA. An environmental report must be produced, highlighting the significant environmental effects of the plan, before the plan can be adopted or approved. The SEA process also requires public consultation.

Answer 34

The aim of the Environmental Impact Assessment (Scotland) Regulations 2017 (EIA) is to protect the environment by ensuring that the Council is fully aware of any significant effects on the environment that a proposal for planning permission may have and to take account of this in the decision-making process.

Answer 35

This will advise whether an EIA is required. The applicant would submit a plan indicating the proposed location of the development and a brief description of the nature and purpose of the proposal and its possible environmental effects, including any mitigation measures. The Planning authority then have three weeks to respond . There is a right of appeal if the Planning authority decide an EIA is required.

Answer 36

Policy 6: Town Centres First Town centres will be the first choice for uses likely to attract a large number of people including retail, offices, leisure, entertainment, recreation, cultural, and community facilities. Homes and businesses are also encouraged in town centres to add to the mix of uses and activity throughout the day and evening. Development proposals including these uses will be supported where they: 1. comply with the sequential approach taking into account the catchment areas shown in Figure 6.1; 2. comply with the respective uses and roles of the defined network of centres as shown in Figure 6.2, and the Spatial Frameworks referenced in Figures 6.4 and 6.5 and shown on the settlement plans; 3. will have no significant adverse effect on the vitality and viability of town centres and the local economy; and 4. are appropriate for the location in scale and character and will not adversely impact on residential amenity or negatively impact on adjacent uses.

Answer 37

Policy 10: Amenity Development will only be supported if it does not have a significant detrimental impact on the amenity of existing or proposed land uses. Development proposals must demonstrate that they will not lead to a significant detrimental impact on amenity. In the circumstances, the key concerns would be that the use of the containers would be: Visual impact - they would sit prominently and detract from the town centre. Traffic movements - it is reasonable to expect that large HGVs would be regularly taking access to the site via a residential area. This would create pedestrian and child road safety concerns. Noise - it would difficult to regulate so there would be issues with noise depending on the use of the containers which would also be difficult to regulate.

Answer 38

Problems posed by a development proposal may be solved either by imposing a condition on the planning permission. A condition imposed on a grant of planning permission regulates the use of the consent and restricts or guides the use of the development.

Answer 39

No, It is ultra vires to impose a condition in a planning permission requiring an applicant to enter into an agreement. Nor should conditions imposed on a grant of planning permission be duplicated in a planning agreement.

Answer 40

The imposition of restrictions by means of an agreement deprives the developer of the opportunity of seeking to have the restrictions varied or removed by an application or appeal under Part III of the Act if they are subsequently seen as being inappropriate or too onerous.

Answer 41

As a matter of policy, conditions should only be imposed where they are: ``` necessary relevant to planning relevant to the development to be permitted enforceable precise, and reasonable in all other respects ```

Answer 42

The applicant proposed: "The premises will be operated from 8am until 19.30pm seven days a week with tenants having their own access key fobs. No business operations will be allowed. No hazardous materials or animal stored. " I argued that given that tenants would have they own access fobs, it is difficult to envisage how any condition that restricts the proposed operating hours or the use or storage of hazardous material or animals would be enforceable in the circumstances. I also questioned whether these conditions would be reasonable given that if the facility was for domestic use its likely that there would be at least some occasions where access was required outwith this timeframe.

Answer 43

Circulars contain Scottish Government policy on the implementation of legislation or procedures. Statements of Scottish Government policy in the SPP, NPF and Circulars may be material considerations to be taken into account in development plans and development management decisions.

Answer 44

In order to provide my opinion on success prospects, I would require to understand the planning history of the site, the nature of the proposals and the Development Plan policy. I would then very critically appraise the proposal against planning policy and weigh up material considerations. I may also compliment this with research on similar proposals to understand the council's approach.

Answer 45

Yes, it was a long term vacant brownfield site. The southern part of the site was recorded to comprise a largely demolished/vacant former works surfaced with concrete/asphalt hardstanding, whilst the northern part of the site was recorded to comprise vacant and undeveloped land surfaced in rough grass and vegetation.

Answer 46

Brownfield land is any previously developed land that is not currently in use. It may be potentially contaminated, but it is not required to refer for area as brownfield.

Answer 47

Redeveloping a Brownfield site not only boosts the economy by creating jobs and lifting property prices, but it improves the environment and creates a safer, healthier space. Bringing a Brownfield site back into use prevents ‘urban sprawl’ thereby reducing traffic. Brownfield redevelopment can sometimes be cheaper because vital infrastructure (drainage, electricity, roads, transport networks etc.) already exists. Using disused urban land leaves green, rural areas intact. Planning permission tends to be easier to get it granted on an area which has already been built on previously as opposed to land which has not. All things being equal, Planning authorities tend to be more supportive of brownfield redevelopment than greenfield.

Answer 48

By reviewing the Development Plan policies and housing land audit together with the settlement statement.

Answer 49

The site was not allocated in the housing land audit as a site but rather was recorded in the vacant and derelict land register as being difficult to develop.

Answer 50

Yes, the scheme prepared by my colleague was for 50 houses, largely comprised of terraced and semi-detached, and 27 flats. From first reviewing them my initial impression was that it could constitute over-development, It appeared very dense and it lacked a number of the elements that I would have expected to see such as EV charging points, cycle storage and SUDS.

Answer 51

Dundee City Plan Policy 10: Design of New Housing and be required to conform to the guidance on the Design of New Housing set out in Appendix 4. The proposal included 20 x 2 bedrooms houses (40%) whereas the Plan requires that 75% of houses should have 3 or more bedrooms or a minimum gross internal floor area of 100m2. There is a general presumption against Flats in this area – 9 where proposed as 1 bed measuring 60m2 and 18 where proposed as 2-bedroom flats. None would meet the minimum space standards. This standard is not fully met

Answer 52

I referred to the guidance set out in Appendix 4 of the plan and advised that the scheme proposals be revised to be more compliant with Appendix 4. Recognising that the proposals were for affordable housing and that the site was long term vacant, I judged that the planning balance overall may allow some minor infringements. I recommended obtaining pre-application advice from the planning authority to explore this position.

Answer 53

Given it was a long-term vacant site and the proposals were 100% affordable housing, I considered that the planning authority may be amenable to slightly relaxing the rules for the design of new housing and appendix 4. This might allow flats on the site that fell slightly short of minimum space standards, and the minimum garden ground for houses and the requirement for 75% 3 bed + houses. While not a planning matter per se, higher density was required to keep the development viable. I recommended obtaining pre-application advice from the planning authority to explore this position.

Answer 54

The revised scheme included 45 houses (70% would have been 3 bed) and 24 flats (4 X 1 beds and 20 X 2 beds) and provision made for policy compliant parking, cycle storage, EV charging and SUDS.

Answer 55

Unfortunately, the seller was minded to accept an offer already submitted. This, together with concerns regarding the timescales of the pre-development period, it was decided by my director not to pursue the opportunity further.

Answer 56

Fortunately, the grant system in Scotland was being revised in October, 2021 with higher grant rates per unit. So while the proposals would reduce viability as I recall it remained viable. Of course, viability is not a planning matter.

Answer 57

``` By reviewing the Development Plan policies which indicated what information would likely be required to supplement an application like this. This was likely to include: Planning Statement; • Design and Access Statement; • Pre-application Consultation (PAC) Report; • Transport Assessment; • Flood Risk Assessment; • Drainage Scheme; • Tree Survey Report; • Landscape Plan; • Contaminated Land Assessment; • Noise Impact Assessment; and • Sustainability Statement. ```

Answer 58

For my client, they would have required to have a statutory consent in place by the end of the financial year 2021/22 in order to claim grant funding and it was late August, 2021 when I was undertaking this exercise. As it was a major application, it was require a PAN and PAC lasting a minimum of 12 weeks. Thereafter, it was would a 4 months determination period as a minimum. Together with the time required to prepare this in-house and with consultants, it was not going to be possible.

Answer 59

50 of more housing units or a site 2 Hectares or more.

Answer 60

Subsequent to the acquisition of a smaller housing association in Glasgow and the Covid-19 pandemic, Sanctuary would have three offices in Glasgow and this was deemed too many. Little Street as the smallest office was deemed to be the most appropriate for closure and conversion to housing stock was preferred.

Answer 61

Use of office (Class 4) as flatted residential development (3 units) (Sui generis) and external alterations.

Answer 62

I was project manager for the scheme and was instructed to engage MAST architects to prepare the drawings and act as agent. I was involved in issuing instructions and approvals and managing the process from Sanctuary's perspective.

Answer 63

No, I highlighted a number of issues that I had identified as part of my research but I did not provide advice insofar as I did not recommend any particular course of action in relation to the design of the proposals.

Answer 64

Due to the nature of the building, it was going to be impossible to fully comply with the policy requirement that flats should be dual aspect. One has single aspect and overlooked parking spaces. The flats would also share the existing communal garden area.

Answer 65

Due to Sanctuary's strong relationships with the Glasgow City Council, I was able to seek informal advice from a planning officer outwith the more formal pre-application advice process however as this was a change of use and the detailed plans were not fully available this advice was very limited.

Answer 66

I think its important to have a good understanding of your clients objectives, the strategic importance of this project to their business plan and their appetite for risk, incurring additional cost and time delay. In the case of Little Street, this has since moved on. As the Planning Officer intimated that he would recommend withdrawal or refusal, the options for my client were: - To withdraw the application and consider a new application with a duplex flat, making only two units. Or, - Have the application refused and lodge an appeal. The first option is currently being considered.