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APC > Planning (Good Questions & DeLever Questions) > Flashcards

Planning (Good Questions & DeLever Questions) Flashcards

1
Q

What are some of the key aspects of policy and legislation that govern the planning system?

A
  1. Localism Act 2011
  2. Town & Country Planning Act 1990
  3. National Planning Policy Framework
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2
Q

What is the key planning policy document governing planning in the UK?

A
  1. National Planning Policy Framework
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2
Q

What RICS guidance is there for P&D management?

A
  1. RICS Professional Standard Assessing Viability in planning under the National Planning Policy Framework 2019 for England (2021)
    - Supplements the 2019 Professional Standard ‘‘Financial Viability in Planning: Conduct and Reporting’’
  2. RICS Professional Standard: Financial Viability in Planning: Conduct & Reporting (2019)
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3
Q

What Planning Legislation are you aware of?

A
  1. Localism Act 2011
  2. Town & Planning Act 1990
  3. Neighborhood Planning Act 2017
  4. Planning (Listed Buildings & Conservation Areas) Act (1990)
  5. Infrastructure Act (2015)
  6. Housing and Planning Act (2016)
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3
Q

What is the definition of development?

A
  1. Defined in Town and Country Planning Act 1990
  2. Development is ‘’ 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 land’.
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4
Q

When was the NPFF most recently updated?

A
  1. Updated in 2021 and 2023
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4
Q

What is your understanding of the National Planning Policy Framework?

A
  1. First published in March 2012
  2. Reduced over 1000 pages of planning guidance to around 50 pages.
  3. Streamlined the planning process and got rid of red tape.
  4. Aims to balance economic growth with environmental protection.
  5. Devolves power to a local level.
  6. Returned to a local plan system.
  7. Local planning authorities must demonstrated a 5-year housing land supply with regional housing targets abolished (now local).
  8. Reviewed existing Green Belt boundaries and protection of town centers.
  9. Main principle is presumption in favour of sustainable development - by promoting sustainable development.
  10. Front loaded planning applications with pre-ap-plication engagement and encourages planning performance agreements.
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5
Q

What is your understanding of the Localism Act 2011?

A
  1. The Act gives more autonomy at a local level by transferring powers to local government, giving local councils far greater control over finances / public services and finances.
  2. The Act gives communities the right to permit development without planning permission and encourages housing development.
  3. The Act provides a statutory duty for local authorities to co-operate on planning matters. Developers are obliged to consult local communities and have regard to their views before submitting major planning applications.
  4. The Act strengthens Enforcement powers to prevent retrospective applications and appeals being considered concurrently.
  5. The Community Right to Buy scheme enables local people to develop bids and take over assets of community value.
  6. Neighborhoods benefit from CIL’s
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6
Q

What changes have there been to the NPFF?

A
  1. Changes in July 2021 and September 2023

July 2021 changes:

1.Biodiversity / Environmental Objectives - Acknowledges need to address UN Sustainable Development Goals

  1. Long Term Settlement Vision - Design Quality Requirements are extended to places and policies relating to new/significant extensions to settlements should contain a vision looking at least 30 years ahead.
  2. Article 4 Directions - should be limited to where necessary.
  3. Allocated Small & Medium Sites - Planning groups should give particular consideration to these.
  4. Transport - Transport modes must be considerations in meeting community needs. Pedestrian / Cycle routes & public infrastructure should be proactively planned prior to planning application and sustainable transport modes should be considered when assessing sites.
  5. Character Assessments & Masterplans - should ensure efficient use of land. Emphasis on creating ‘‘Beautiful and sustainable’’ places and development that is not well designed should be refused.
  6. Tree Planting - Promoted where it contributes to character and quality of built environment.
  7. Flooding Risk - Plans must account for all sources of flooding risk and ensure utilization of natural flood management techniques.

2023 Changes
- Changes include meeting the challenges of climate change and coastal erosion and wind farm planning policy.

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7
Q

What is the role of the NPFF in planning?

A
  1. Sets out Governments economic / environmental and social planning policies for England.
  2. These policies apply to the preparation of local and neighborhood plans and to planning application decisions.
  3. Covers a wide range of topics including: housing, business, economic development, transport and the natural environment.
  4. Introduced the presumption in favour of sustainable development.
  5. There are three pillars of sustainability (social, economic and environmental)
  6. The Framework contains a number of sections, which constitute the Governments view of what sustainable development means in practice.
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7
Q

What is a design and access statement?

A
  1. Describes how the scheme has been arrived at, how suitable it is for the site and surrounding area/context, having regard to the LPA planning policy.
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7
Q

What does ‘‘Presumption in favour of sustainable development’’ mean?

A

Means Development which is sustainable should be approved without delay.

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8
Q

What legislation is related to CIL payments?

A
  1. Community Infrastructure Levy (Amendment) Regulations 2015 & 2019.

2015
- Deals with detailed working of CILS, covering such issues as being able to consider setting differential rates for alternative models of social housing provision, how instalment policies can assist the viability and delivery of development and restrictions for pooling s.106 planning obligations.

2019
- Requires all LA’s to produce an annual report on how much money has been collected from s.106 and CIL and where the money has been spent.

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8
Q

What is your understanding of the appeal process for planning applications?

A
  1. Appeals against a decision or onerous condition can be lodged within 6 months of the grant of planning consent at the planning inspectorate.
  2. Appeals can be heard by written statement / informal hearing / planning inquiry.
  3. Decisions can be called in for determination by Secretary of State
  4. Aware for costs can be made by inspector
  5. Non-determination appeals can be submitted up to 6 months from the date of the application.
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9
Q

What must you do when submitting a planning application?

A
  1. Carry out pre-planning application work in line with the RICS pre-application check list.
  2. Include relevant / required information within the submission.
  3. Once the LPA has registered the planning application, display a copy of the notice on the property/
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9
Q

What information would you include within the application form?

A
  1. Copies of the completed application form.
  2. Appropriate fee as set out by the planning authority
  3. Ownership certificate - freeholder or leaseholder with more than 7 years to run.
  4. Agricultural holding certificate (confirms whether the site includes an agricultural holding).
  5. Relevant plans and drawings.
  6. Flood risk strategy if applicable.
  7. Regeneration statement
  8. Retail assessment.
  9. Sustainability appraisal.
  10. Tree survey / landscape statement
  11. Ecological assessment.
  12. Environmental impact statement.
  13. Supporting planning statement.
  14. Access Statement (to comply with Equality Act 2010 Regulations)
  15. Transport assessment.
  16. Design and Access statement.
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10
Q

What is your understanding of the timescales associated with submitting a planning application?

A
  1. 8 weeks for normal application
  2. 13 for major application
  3. 16 if application includes an EIA
  4. Planning officers can look to extend this on a voluntary basis with applicant
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10
Q

What are the two types of planning application?

A
  1. Outline Application - establish the principle of development
  2. Full application - for full consent.
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11
Q

How long do you have to submit reserved matters once you receive outline planning permission?

A

Outline:
1. Consent will require further application for reserved matters which must be contained in a detailed application within 3 years.
2. Once the reserved matters have been approved there is usually a 2-year period within which development must commence.

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11
Q

How long does full planning permission last?

A
  1. Usually 3 years from the date of consent.
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12
Q

Walk me what you would consider before submitting a planning application?

A
  1. The Client
    - CIT
    - Understand client objectives
    - Establish all details related to development.
  2. The Property -
    - Full address
    - Check boundaries & site
    - Check if client owns all land / if freeholder or leaseholder
    - Check tenancy position
    - Check any H&S issues regarding access
  3. Planning Issues
    - Check LPA policy for development / pre-app
    - Is an Environmental Impact Assessment (EIA) needed?
    - Is the property listed or within a conservation area?
  4. Proposed development
    - Check overlooking / noise issues or disturbance issues with neighbouring occupiers
    - Consider flood risk potential
  5. Highways and Access
    - Do rights of access exist? Sufficient Access?
    - Public rights of access over the land?
    - If parking needed, what are LPA standards?
    - Will a green transport plan be required?
  6. Services
    - Check availability and proximity
    - Any shared?
    - How will surface and foul water be dealt with?
  7. Environment
    - Consider the ecology - is there a TPO?
    - Are there any contamination issues
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13
Q

What is your understanding of pre-application discussions?

A
  1. Encouraged by government
  2. LPA is under no obligation to speak to an applicant in advance of a decision being made
  3. Can charge for the service
  4. Can de-risk site
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13
Q

How can planning applications be submitted?

A
  1. Electronically via the Planning Portal or by paper
13
Q

What is your understanding of RICS Professional Standard ‘‘Financial Viability in Planning: Conduct and Reporting’’ (2019)

A
  1. Sets out mandatory requirements on conduct and reporting in relation to Financial Viability Assessments.
  2. Recognizes importance of practitioners acting with impartiality, objectivity and transparency when reporting to support the statutory planning decision process.
  3. Ascertaining the viability of a development involves making valuation judgements. These must be rational, realistic and reasonable in the circumstances. Relying on evidence, judgement and valuation.
  4. Practitioners must therefore employ:
    a. Evidence based judgment
    b. collaboration
    c. transparency
    d. consistent, standardized approach.
  5. Surveyors must include sensitivity analysis and non-technical summaries in reports.
  6. No contingent fees are permissible for FVA’s (i.e win/lose basis)
14
Q

Who deals with planning applications from the LPA?

A
  1. Majority of straight forward applications are dealt by the LPA officer’s delegated powers.
  2. Unless delegated powers are used, a report to committee is produced at least 3 days before committee sits.
  3. If there is a recommendation for refusal, the application can be withdrawn.
14
Q

What is your understanding of planning conditions?

A
  1. Must be reasonable, relevant to the development and enforceable.
15
Q

What is your understanding of S106 agreements?

A
  1. Introduced under Town and Country Planning Act 1990
  2. Planning obligations which are set out in a legally binding agreement enforceable by the LPA.
  3. Conditions are site specific impact related only.
  4. They relate to various forms of community gain and can be either specific works or financial contribution.
  5. They are negotiated on a one-to-one basis with no fixed charging schedules.
  6. Examples include contributing to the cost of a new school / community facility / open space.
  7. Agreement has to be entered into before planning consent is granted.
  8. Only justifiable within three legal tests of necessity: Direct Relationship to Development / Fair and Reasonable Related in Scale and Kind of Development.
16
Q

What is your understanding of Community Infrastructure Levy (CIL)?

A
  1. Used for off-site payments to raise fund for infrastructure to support development.
  2. LPA’s are able to make a charge if they wish on most types of development using a charging schedule.
  3. Charging schedule is based upon the square metre of additional floor space (exemptions apply).
  4. Aim of the CIL is to standardize planning process and reduce lengthy negotiations required to complete a s.106 agreement.
  5. An ASSUMPTION OF LIABILITY NOTICE (ALN) has to initiate CIL procedures.
  6. Affordable Housing is covered by S.106 not CIL.
  7. Developers cannot be double charged by CIL’s and s.106 for the same item.
  8. Proceeds of the levy are to be spent on local and sub-regional infrastructure to support the development of the area such as:
    - Roads / transport facilities
    - Flood defenses and open spaces
    - Schools / educational facilities, medical and sporting facilities
17
Q

What are the three legal tests of necessity related to S106

A
  1. Direct Relationship to the Development
  2. Fair and Reasonably Related in Scale of Development
  3. Fair and Reasonably Related in Kind of Development
17
Q

What are the main differences between CIL and S.106?

A

Affordable Housing
- CIL cannot be used to secure / S.106 can be

Type of Charge
- CIL via Charging Schedule covering whole area / S.106 is a site specific charge.

Basis of Charge
- CIL is charged via a tariff based on increase on floor area of the scheme / S.106 is by negotiation

Viability
- CIL- viability is tested at district wide level at the evidence gathering stage / S.106 viability testing is taken on a case by case basis.

Use of Funds
- CIL is for all infrastructure necessary to support the development / S.106 is only justifiable for works necessary to make development acceptable in planning terms, directly related to the development and reasonable in related to the scale of the development.

18
Q

What is your understanding of RICS Professional Standard: Assessing Viability in Planning under the National Planning Policy Framework 2019 for England (2021)?

A
  1. Supplement to Financial Viability in Planning: Conduct and Reporting (2019).
  2. Provides advice on the principles and frameworks related to FVA’s including applicability of Red Book Global and other related guidance.
  3. Purpose is to assist in delivery of local planning policies in accordance with NPPF.
  4. Considers scope and means of undertaking FVA’s during plan making and planning decision-making.
  5. Includes detailed advice relating to roles of assessors and stakeholders as well as reporting approaches.
  6. FVA methods and inputs and sensitivity analysis are explained, as are Benchmark Land Value (BLV), EUV, and Alternative Land Value (AUV).
19
Q

What is your understanding of Lawful Development Certificates?

A
  1. Confirms use or activity is lawful for planning control purposes
  2. Certificate of Lawful Existing Use or Development is required (CLUED).
  3. Can related to existing or proposed use.
  4. Application must be made to the LPA in writing.
  5. Basic time limits for enforcement of breaches in planning control are:
    A. Operational Development - 4 years
    B. Change of use of any building to use as a single dwelling house - 4 years
    C. Any other breach of planning control - 10 years
20
Q

What are the basic time limits for enforcement action in case of suspected breach of planning control?

A

Basic time limits for enforcement of breaches in planning control are:

A. Operational Development - 4 years
B. Change of use of any building to use as a single dwelling house - 4 years
C. Any other breach of planning control - 10 years

After these times breaches become immune from enforcement and lawful and CLEUD can be obtained.

21
Q

What is a stop notice?

A
  1. Prohibits continuation of any activity that is set out in an enforcement notice
  2. Can only operate together
    with an enforcement notice
  3. Failure to comply can lead to £20,000 fine in magistrates court and unlimited in higher court.
  4. Breach of Condition notice can be served against a breach of a specific condition in consent.
22
Q

Can you walk me through the changes in use classes from the 1987 use classes order and the 202 Town and Country Planning (Use Classes) Regulations 2020?

A

Changes include:

  1. A new Use Class E for commercial, business and service users to allow change of use between uses.
  2. A new Use Class F1 for learning and non-residential institutions.
  3. A new Use Class F2 for local community needs.

Also included changes to PDR

23
Q

Talk me through the changes to PDR in the Town and Country Planning (Use Classes) Regulations 2020?

A

Changes include:

  1. Permitted development rights might not apply in Conservation Areas, AONB and National parks.
  2. In some cases LPA’s have been granted an exemption by the Gov for PDR for offices to residential use on the grounds of exceptional circumstances or on the basis of economic justification or in key employment areas.
  3. Prior approval is required from LPA prior to any change of use due to permitted development rights.
  4. Permitted development rights are available for larger home extensions.
  5. Some agricultural buildings have been given some rights to change to a range of commercial uses and residential uses.
24
Q

What use classes are there in England?

A

CLASS B Industrial
- B2 (General Industrial)
- B8 (Storage or Distribution)

CLASS C - Residential
- C1 Hotels
- C2 Residential Instiutions
- C2A Secure Residential Instituion
- C3 Dwellings
- C3a (Single family home) C3b (up to 6 people living together as a single household and receiving care) C3c (6 people living together as a single household)
C4 - HMO

CLASS E - Commercial, Business and Service
-E(a) Display or retail sale of goods, other than hot food
E(b) Sale of food and drink for consumption (mostly) on premises)
- E(c) Provision of financial / professional / other appropriate services.
E(d) Indoor sport / recreation / fitness
E(e) Medical / health services
E(f) Creche / day nursery / day centre
E(g) uses which can be carried out in a resi area without detriment to its amenity.

CLASS F - Local community and learning
- F1 learning and non residential institutions
- F2 - Local community

25
Q

What is your understanding of permitted development rights?

A
  1. For some forms of development, planning permission is not required and there are now many permitted development rights for change of use.
  2. The current legislation for PD is Town and Country Planning (General Permitted Development) Order 2015 which has been amended most recently in 2021.
26
Q

What is your understanding of the changes from the Town and Country Planning (General Permitted Development) Order 2021?

A
  1. Introduced a few further permitted changes of use, most notable PD Class MA which introduces right to change the use of premises from commercial, business or service purposes to use as a dwelling (Class E to C3)
27
Q

What restrictions apply to the Town and Country Planning (General Permitted Development) Order 2021?

A
  1. Building must have been vacant for a continuous period of at least 3 months immediately prior to the date of the application.
  2. The building must have been in Use Class E use for a continuous period of at least 2 years prior to the date of application.
  3. Cumulative floorspace of the building to be converted cannot exceed 1,500 sqm.
28
Q

What legislation governs listed buildings?

A

Planning (Listed Buildings and Conservation Areas) Act 1990

29
Q

What is understanding of listed buildings?

A
  1. There are three grades of listing and six general principles of listing
  2. Listed buildings are considered to be of national architectural or historic interest or under threat.
  3. List is maintained by Department for Levelling Up, Housing and Communities and administered by Historic England.
  4. It is offence to carry out works to a listed building without consent.
  5. Owners can oppose the listing of their building
  6. Listed building consent may be required for changes / new development.
  7. Building can be de-listed by SoS if no longer meets statutory criteria.
30
Q

How can a building be de-listed?

A
  1. Via SoS if no longer meets statutory criteria
  2. Owners can oppose listing by applying for judicial review or a de-listing procedure.
31
Q

What are the three grades of listing?

A
  1. Grade 1 (buildings of exceptional interest)
  2. Grade 2* (buildings of particular importance)
  3. Grade 2 (buildings of special interest)
32
Q

What are the six general principles of listing?

A
  1. Age
  2. Rarity
  3. Selectivity
  4. National Interest
  5. State of repair
  6. Aesthetic Merit
33
Q

What are conservation areas?

A
  1. Areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance
  2. Planning consent is required for demolition
  3. New development should be in keeping with the area
  4. Trees in conservation areas are protected
34
Q

What is your understanding of TPO’s?

A
  1. LPA’s have powers to protect trees by making TPO’s and can be spot listed for protection
  2. Offence to cut down, lop, damage or destroy a tree with a TPO without first getting written consent.
  3. Fines up to £20,000 in magistrates court. For serious offences, can be unlimited.
  4. Recorded in the Local Land Charges Register
35
Q

What case law is related to Demolition?

A

Save Britains Heritage v Lancaster City Council (2011)

  1. Held that consent is required for demolition of commercial buildings, listed buildings and buildings in conservation areas.
36
Q

What is your understanding of Environmental Impact Assessments (EIA)?

A
  1. Systematic process to identify, predict and evaluate environmental effects of proposed development
  2. It provides a detailed assessment of the proposed development.
  3. Can highlight adverse environmental issues such as flooding, ecology, pollution
  4. Is required for demolition to predict the impact on the landscape and its socio-economic impact.
37
Q

What is your understanding of Article 4 Directions?

A
  1. Issued by LPA’s in circumstances where specific control over development is required.
  2. Commonly applied for conservation areas and to not allow PDR’s
  3. Applied over an area
  4. Registered as a land charge
  5. Compensation may be payable to a property owner who cannot obtain permission which otherwise would be treated as permitted development.
38
Q

What is the aim of Enterprise Zones and what benefits do they include?

A
  1. Benefits include business rates discounts, tax breaks and a simplified planning process
  2. Introduced to encourage growth and create jobs
39
Q

What does s.73 of the town and country planning act 1990 do?

A
  1. Process allows for LPA to agree to request to remove, vary or discharge a planning condition following the grant of a planning consent.
40
Q

What is your understanding of the Infrastructure Act 2015?

A
  1. Act amends current legislation to make it easier for empty and redundant buildings to be converted to productive use, supporting brownfield regeneration and increase the supply of new homes.
  2. Enables surplus and redundant public sector land and property to be sold more quickly.
  3. Ends excessive delays on projects which have already been granted planning permission via ‘‘deemed discharge’’ provision on planning conditions.
  4. Allow Land Registry to created a digitised local land charges register
41
Q

What are some of the key points in the Housing and Planning Act 2016?

A
  1. Act amended a wide range of existing planning statutes

Key points include:
1. Increase in construction of starter homes
2. Provides SoS with more powers to intervene in planning functions of LPA’s
3. Power for the SoS to grant development consent for housing that is linked to a nationally significant infrastructure project.
4. Removal of National Infrastructure Commission

42
Q

What is your understanding of the Neighborhood Planning Act 2017?

A

Introduced:
1. Changes to strengthen neighbourhood planning, aiming to free up more land to build houses and speed up planning process
2. Streamlined CPO procedures
3. New rules pre-commencement planning conditions

APC (18 decks)

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