Planning and Development Management Flashcards by Will Playne

What is the purpose of the planning system?

To identify and manage what development is needed to benefit communities, the environment and the economy

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Why would planning restrict development?

To keep the character of a place, such as through design, size and the use of a building within a particular area

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How long are various lengths of determination for planning applications?

Full Planning Permission - 8 Weeks (13 Weeks if unusually large or complex)

Listed Building Consent - 8 Weeks (13 Weeks if unusually large of complex)

Conservation Area Consent - 8 Weeks

Prior Approval - 8 Weeks (deemed consent on expiry unless otherwise agreed)

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What are the fees for the various planning applications?

Full Planning Application - £462 plus service charge (£32.20)

Listed Building Consent - Free

Conservation Area Consent - £206 plus service charge (for alterations)

Prior Approval - £96 plus service charge

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What is the National Planning Policy Framework?

The NPPF sets out government planning policies for England and how these are expected to be applied

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When was the NPPF published?

The NPF was published in 2012 and revised in 2021

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What changed in the 2021 NPPF Revision?

A limit on the use of Article 4 Directions to restrict PD rights
Emphasis on using trees in new developments

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What are local plans in the area you work?

St Albans Local Plan - This is one of the most historic in the country, dating back to 1994
South Oxfordshire Local Plan - adopted in 2020 and runs to 2035
Basingstoke and Deane Local Plan - adopted in 2011 and runs to 2029

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What do you mean by the local plan was adopted?

For a local plan to be adopted it needs to follow a process of adoption, which ultimately ends with it being examined by the planning inspectorate

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What is the process of creating a local plan?

Chapter 3 of the NPPF sets out the requirements:
Regulation 18 - Evidence gathering and early-stage consultation
Regulation 19 - The council publish the local plan for a six week consultation period
Regulation 22 - Submission to planning inspectorate for examination
Regulation 24 - Inspectors report and adoption

The Town and Country Planning (Local Planning) (England) Regulations 2012

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What does the planning inspectorate consider during examination?

Positively prepared
Justified
Effective
Consistent with National Policy

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What piece of legislation devolved planning decision making?

The Localism Act 2011

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What Land designations have you worked with?

Mainly conservation areas and AONB’s

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What organisations run the various land designations?

AONB - Natural England

National Parks - National Parks Authorities

Conservation Areas - Local Council

SSSI’s - Natural England

Special Protection Areas - Joint Nature Conservation Committee

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What do you mean by an Article 4 Direction?

Where an Article 4 direction has been issued by the local council which restricts certain development, such as permitted development
This is

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What is the difference between a county council and district council?

In most of the UK there are 2 tier areas, which include county and district councils, with responsibilities for council split between them

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What legislation covers listed buildings?

the Planning (Listed Buildings and Conservation Areas) Act 1990

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What does listing mean?

This means the property has been added to the National Heritage List. This means there is extra control on changes to be made to the interior/exterior of the dwelling

What are the Listing grades?

Grade I - buildings of exceptional importance
Grade II* - buildings of particular importance
Grade II - buildings of special interest (92%)

What is the legislation that covers planning in the UK?

The Town and Country Planning Act 1990

What does the NPPF include?

It includes 17 sections relating to government planning policy

What are types of localised plans?

Local Plans - area based, include decision
Neighbourhood Plans

When would you need listed building consent?

Any works to the building that affects its character, includes:
- demolition
- alterations
- extension

When might you not need listed building consent?

For maintenance and repair work, such as:
- replacing fallen slates
- repainting window frames in the same colour

Do you need listed building consent for listed buildings?

No, but it is taken into consideration for any planning permissions

If you don't obtain listed building consent what is the consequence?

- you may be caught and forced to put it right - which will cost significant money - under Section 9 of the Planning (Listed Building and Conservation Areas) Act 1990 it is a criminal offence for carrying out unauthorised works to a listed building

What is a certificate of lawfulness?

A means of obtaining a decision from the planning authority that a proposed use or works do not require planning permission

What would you do if your planning application wasn't determined by the deadline?

First I would speak to the planning officer, if an extension of time has not already been agreed If not I would seek the reasons and likely timetable for determination I could consider appealing to the secretary of state for non determination, within 6 months of deadline

Is there any recent news that affects planning applications?

There has been quite a lot of media coverage around nutrient neutrality - Natural England essentially has said that development in certain areas need to be nutrient neutral. This is on the back of the Dutch N case - this caused a backlog of non determined cases at councils as they deal with what to do

Why didn't you submit prior approval for the Agricultural Building?

It was over 3 metres in height and within 3 miles of an aerodrome so therefore the PD rights were removed

What other factors are needed to qualify for Class A?

- The building cannot be more than 1000m2 - You can't have used your class q rights on the same farm within the past 10 years - The building would be within 400 metres of a protected building - needs to be for agricultural purposes - unit needs to be 5 hectares or more

What additional information was required for the agricultural building?

They required to see further details of the existing materials used at the site and proposed materials, and pictures of the existing site elevations

Had you been involved in the six house scheme?

Not specifically, but the site is currently for sale with our new homes team. My involvement was advising on the CIL payable, and how this affected value.

How was the property liable for CIL?

The development attracted around a £175,000 CIL liability

What are the CIL rates?

This was in Basingstoke and Deane's jurisdiction area - and incurred a charge of £144 for every additional square metre of residential development, for over 100 square metres of floor space

What are reliefs from CIL?

- Minor development under 100 m2 - charities are exempt - self builders are exempt

What is a s.106 agreement?

A legal agreement between local authorities and developers, to provide local amenities

What is the difference between s.106 and CIL?

s.106 tend to be for larger projects that impact on the local area and amenities. Whereas CIL is on most new development over 100 m2

What did you need to submit as part of a listed building consent?

Site Plan Location Plan Elevation Plans showing the windows Cover Letter - which made reference to Design & Access, and also Heritage Impact Assessment Application Form

When would the ground source heat pumps have been permitted development?

total area of excavation is less than 0.5 hectares outside listed building curtilage, or conservation area if only one ground source heat pump

What are the timeframes for appealing a planning decision?

6 months post decision if you have received an enforcement notice you have 28 days from the date of the letter, or if it has already been refused it is still 6 months

What is the fee for appealing?

There is no fee

What documents do you need to appeal?

An Appeal Statement Copies of the decision notice, planning application, site plan and drawings

What if you don't like the decision from appeal?

I could challenge the decsisino by taking it to court within 6 weeks