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Planning Control Flashcards

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1
Q

What is a development plan

A

The basis of planning decisions

Sets out policies for the area

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2
Q

What is a neighbourhood plan

A

Development plan for a smaller area created under LA 2001

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3
Q

Who considers appeals

A

S of S considers appeals by applicant

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4
Q

Requirements of making an appeal to S of s

A

Must be applicant not other owner or third party

Must be within 6 months

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5
Q

Can third parties appeal

A

Appeal to HC to challenge grant

Bring JR of procedural error

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6
Q

Can you challenge an appeal decision

A

Can go to HC if not within powers of act or procedural error

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7
Q

Grounds for Appeal

A 
Refused 
Conditions 
Failure to notify in time 
Refused reserved matters on outline application 
Refusal or conditions under s73 or 73A
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8
Q

Three types of appeal that applicant can choose from

A

Written representations
Heard by an inspector
Planning inquiries

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9
Q

Can S of S award costs For an appeal

A

Rarely done but yes . If:
Requested at appropriate time
Other party was unreasonable
This led to wasted costs

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10
Q

Who considers planning applications

A

LPA or S of S if LPA is inadequate or it is of national significance

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11
Q

Does an applicant need an interest in the land

A

No but all owners and tenants must be notified

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12
Q

Can the LPA decline to determine an application

A

Yes under S70 they can decline to determine repeat or overlapping applications

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13
Q

How long can the LPA take to determine an application

A

8 weeks

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14
Q

What must the LPA do once they have made the decision

A

Give full reasons
Give written notice
Register decision in planning register

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15
Q

What type of conditions can the LPA impose

A

S70- anything it sees fit
Cannot be wednesbury unreasonable
Must be fairly and reasonably related to development
Must be for planning purposes and not for ulterior motive

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16
Q

Does planning permission run with the land

A

Yes

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17
Q

Does planning permission expire

A

Not once development has begun

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18
Q

What to do if development drags on

A

Issue completion notice with expiry date of permission

Subject to confirmation by S of S

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19
Q

When does development begin

A 
Building 
Demolition
Trench for Foundations
Roads
Pipes/ mains 
change of use
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20
Q

Do you need new permission if the building is destroyed

A

Yes

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21
Q

Can LPA revoke or modify permission

A

Yes if it thinks it expedient to do so but must do this before development is complete

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22
Q

How long do you have to begin the development

A

If granted before 24.08.05 - 5 years

If granted after 24.03.05 - 3 years

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23
Q

How long to begin outline permission

A

Two years of approval of last reserved matter

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24
Q

Can the LPA give different times for the development to begin

A

Yes but must give reasons and applicant can appeal

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25
Requirements when making an outline application
Sufficient information to indicate major features of development Identify boundaries and nearest public highway
26
What will an outline application be granted subject to
If granted will be subject to conditions on which further approval will be needed
27
What is a hybrid application
When an outline application is made an at the same time you ask the LPA to approve certain details that could otherwise be reserved
28
What to consider regarding planning permission when making inquiries
``` Article 4 direction Special development order Local development order Simplified planning zones Neighbourhood development orders ```
29
What is a neighbourhood development order
These permit development without needing an application
30
What are special development orders
These can restrict development rights or permit wider development rights
31
What is a local development order
Introduced by LPA and operate to give permitted development rights but are granted at a local level Can apply over whole or part of LPA area
32
What is a simplified planning zone
Introduced by LPA | Grants specific planning permission in the zone without the need for a formal application
33
What is a s106 TCPA 1990 Agreement
Alternative way of serving Mitigation measures when planning conditions cannot be used
34
What is a planning obligation
An agreement or undertaking by deed running alongside a planning application to deal with issues that can’t be dealt with by planning permission
35
Is a planning obligation taken into consideration when determining planning application
Yes it is a material consideration
36
Who can give a planning obligation
Anyone with any legal or equitable interest in the land
37
Can a planning obligation be modified or appealed against
Yes. Modify with agreement with LPA or appeal to S of S
38
Do you need the agreement of the LPA when making a planning obligation
No it can be a unilateral undertaking or an agreement with the LPA
39
Who is a planning obligation enforceable against
Successors in title Not superior title Not other owners at the time unless they consent
40
What is a community infrastructure levy
A levy imposed on a development to fund infrastructure
41
How are community infrastructure levy calculated
£ per square metre of gross internal area of net additional floor space
42
How big must a development be to qualify for CIL
At least squared 100m
43
What is not included when calculating the size of a development for CIL
Demolished buildings used for at least 6 months in last three years can be deducted from size of development Buildings that people don’t usually do inside of
44
Are there any exemptions to CIL
Charities unless jointly owned by non charity
45
When must CIL be paid
On commencement of development
46
What if CIL is not paid
Interest will be due Give warning notice requiring development to stop Note on public’s register Sell goods or prison
47
Is it an offence to breach planning control
Normally only offence once LPA takes enforcement action and that enforcement is not complied with
48
Must the LPA always take action against a breach of planning control
No they can chose
49
How long does the LPA have to take enforcement action against a breach of planning control
If breach of operational development of change of use into a single dwelling house - 4 years from completion of development or from change of use 10 years for all other breaches
50
Can the period of time be extended for LPA to take action against a breach
Yes by magistrates court
51
Is a development lawful after the expiry of time in which LPA is allowed to bring enforcement action
Not legally just immune. | To be lawful you must get certificate which anyone can apply for
52
Who can enter land for enforcement purposes
Anyone authorised by LPA
53
Restrictions on right to enter land for enforcement
Reasonable hour Warrant 24 hours notice for dwelling house Must be reasonable grounds ie logical way to collect info
54
Grounds on which LPA can enter for enforcement
To see if there is a breach on that land or any other land To see if enforcement action has been complied with To decide if /how enforcement action should be taken
55
What is a planning contravention notice
This requires them to give the information requested within 21 days unless reasonable excuse
56
Impact of PCN on stop notice
If failure to comply with PCN then no compensation entitlement if stop notice is served
57
Who can a PCN be served on
Any owner, occupier or anyone with any other interest in land or anyone who is using the land
58
What is a breach of condition notice
Notice to secure compliance with existing condition
59
Is there a right of appeal to a breach of condition notice
No
60
What must a breach of condition notice include
Steps required | Period of compliance- at least 28 days
61
Defence to non compliance with breach of condition notice
Took all reasonable measures to ensure compliance with the notice or to show he didn’t have control at time it was served
62
Who can a breach of condition notice be served on
Anyone who have carried out development or has control of land
63
Does it matter if the person who the breach of condition notice is served on has control of the land and if they are the same person who is carrying out the development
You can only require compliance with conditions regulating use of land if the notice is served on someone who has control of the land but is not carrying out the development
64
When Can LPA get an injunction against planning breach
When LPA considers it necessary and expidient to restrain actual or apprehended breach
65
Who decides the terms of an injunction against a planning breach
The court - HC or CC
66
Is the use of an injunction against planning breach dependant on the use of other enforcement measures first
No they can go straight to an injunction
67
Can you appeal against an enforcement notice
Yes
68
When can an enforcement notice be issued
When the LPA considers it expedient and there is an apparent breach of planning control
69
Can the LPA issue more than one enforcement notice
Yes if the first is set aside on appeal the time limit re sets so there is more time to issue another
70
Timings of an enforcement notice
Issues then 28 days to serve then 28 days to take effect
71
Defence to non compliance with enforcement notice
Did everything they could to secure compliance or didn’t know of notice
72
What should be included in an enforcement notice
Explanatory notice stating breach and steps required to remedy it
73
Who can an enforcement notice be served on
Owner, occupier and any other person having an interest in the land which is likely to be materially affected by the notice
74
When must a stop notice be served
Before an enforcement notice takes effect
75
When must a stop notice take effect
At least three days but no more than 28 days after service
76
Defence against non compliance with stop notice
Didn’t know of notice
77
What does a stop notice do
Brings activity to an end before enforcement notice begins
78
When can’t a stop notice be used
Dwelling house | Activity carried out for 4 years
79
Where should a stop notice be displayed and what should it include
Display on land | Include copy of enforcement notice
80
When is compensation payable following a stop notice, to who and how much How long to claim
When it is withdrawn or varied To anyone with interest or occupying land at time it was served Amount payable is loss or damage directly attributable to the notice Claim within 12 months
81
Grounds to appeal against enforcement notices
Steps required exceed what is necessary to remedy breach Permission should be granted or conditions removed No breach Alleged action didn’t occur LPA out of time Copies of enforcement notice not served Period given falls short of what is allowed
82
What happens to validity of enforcement notice is appeal is made
No effect until after appeal is determined or withdrawn
83
How to appeal against an enforcement notice
Written notice to S of S before enforcement notice takes effect Submit grounds of appeal within 14 days of submitting appeal or at same time
84
Who can appeal against an enforcement notice
Any person with an interest in land or occupier at time notice is issues and at time of appeal

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