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APC > Planning Legislation > Flashcards

Planning Legislation Flashcards

1
Q

What is the Town and Country Planning Act 1947?

A
  • Established that planning permission was required for land development , ownership alone no longer meant you had the right to develop.
  • Introduced local authorities and local plans
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2
Q

What is the Town and County Planning Act 1990?

A

The Town and Country Planning Act 1990 superseded the 1947 Act.

It divided planning into forward planning and development control, i.e. setting out the future strategy of the local authority, and controlling the current development.

Made planning public

Introduced S106 and planning conditions.

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3
Q

What is the Planning and Compulsory Purchase Act 2004?

A

Replaces and amended parts of the Town and Country Planning Act 1990.

Key element of the Government’s agenda for speeding up the planning system

Establishes sustainable development as a key objective of the planning system.

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4
Q

What is the Housing and Planning Act 2016?

A

Increase in construction of starter homes

Provides Secretary of State with more powers to intervene in neighbourhood planning functions of LPAs

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5
Q

What is the Localism Act, 2011?

A

Gives more autonomy at a local level.

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6
Q

What is the Planning White Paper?

A

August 2020.

Titled: Planning for Future (also Build, build, build)

Purpose: To streamline and modernise planning system, with greater public engagement and digitalisation

Key points:

  • Cutting local plan adoption by 1/3
  • Fast track process for growth areas and beautiful schemes
  • New infrastructure levy combing S106 and CIL
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7
Q

What is the National Planning Policy Framework (NPPF)?

A

First published 2012.

Condensed planning policy.

Framework for development management.

It provides guidance for local planning authorities (LPAs) and decision-makers, both in terms of plan making and decision making

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8
Q

What are the key principles of the NPPF?

A

Balances economic growth with environmental protection.

Streamlines the planning process.

Devolves power to local authorities.

Presumption in favour of sustainable development.

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9
Q

NPPF and Plan Making?

A

The planning system should be genuinely plan-led.

Succinct and up-to-date plans should provide a positive vision for the future of each area; a framework for addressing housing needs and other economic, social and environmental priorities; and a platform for local people to shape their surroundings.

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10
Q

NPPF and Decision Making?

A

Local planning authorities should approach decisions on proposed development in a positive and creative way.

They should work proactively with applicants to secure developments that will improve the economic, social and environmental conditions of the area.

Decision-makers at every level should seek to approve applications for sustainable development where possible

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11
Q

What’s sustainable development?

A

Development that meets the needs of today without compromising the needs of those in the future.

Three overarching objectives:

  • social
  • economic
  • environmental
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12
Q

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

A

Be pro-development

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13
Q

What does ‘presumption in favour of sustainable development’ mean for LPAs?

A

Plan-making:

  • Prepare local plans on the basis that objectively assessed development needs should be met, and with sufficient flexibility to respond to rapid shifts in demand or other economic changes

Decision-taking:

  • Approve development proposals that accord with statutory plans without delay and
  • Grant permission where the plan is absent, silent, indeterminate or where relevant policies are out of date
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14
Q

What were the recent changes to the NPPF?

A

July 2021 revisions include:

Definition of sustainable development now includes the 17 Global Goals for development from the UN

Plan making updated - development to improve the environment and mitigate climate change

Need to look further ahead than plan period for delivery

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15
Q

What is the hierarchy of planning policy?

A
  1. NPPF
  2. Local Planning
  3. Neighbourhood Planning
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16
Q

What is a Local Planning Athority?

A

The National Planning Policy Framework (NPPF) defines a local planning authority as, ‘the public authority whose duty it is to carry out specific planning functions for a particular area.

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17
Q

What is a Local Plan?

A

‘The plan for the future development of the local area, drawn up by the local planning authority in consultation with the community.

Sets out the opportunities for development in the area

Says what types of development will and won’t be permitted in different areas

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18
Q

What is a Local Plan’s purpose?

A

Allow LPAs to have control over their area

Main consideration for deciding planning applications.

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19
Q

What do Local Plans follow?

A

NPPF

Planning and Compulsory Purchase Act 2004

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20
Q

How often do Local Plans need to be reviews?

A

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

  • At least every 5 years
  • Updated if necessary
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21
Q

What documents are included within a Local Plan?

A

Core strategy

Site allocations

Area Action Plans

Proposal Maps

Affordable Housing

Development Management policies

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22
Q

What is the Core Strategy of a Local Plan?

A

The primary document.

It is used to guide development in the area over the plan period.

Sets out the overall planning policy strategy for the area, describing the spatial vision, strategic objectives and key principles that have been adopted.

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23
Q

How do Local Plans explain the planning policy for their area?

A

Local Plans are the local guide to what can be built where, shaping infrastructure investments and determining the future pattern of development in the borough.

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24
Q

How do you review Planning Policy Maps to understand restrictions on development?

A

I review the policy Map to see what planning policies affect the subject property.

25
Q

What is a draft local plan?

A

Is a plan which is still currently going through the adoption process and has not been formally adopted yet.

26
Q

What is an adopted local plan?

A

Is a plan which has made it through the adoption stages and has now been approved by the inspector.

27
Q

What are the stages of making a local plan?

A
  1. Gather evidence
  2. Public consultation on draft Local Plan (Reg 18)
  3. Public consultation on Proposed submission Local Plan (Reg 19)
  4. Submit Local Plan for Examination (Reg 22)
  5. Examination by Planning Inspector (Reg 24)
  6. Planning Inspector’s report (Reg 25)
  7. Adopt Local Plan (Reg 26)
28
Q

Can you still weight to a draft local plan?

A

Depends on what stage the plan is at.

If it has been submitted to the inspector, then more weight can be applied.

29
Q

What would you do if the current local plan is out of date, but the draft local plan is in early stages?

A

I would also view the neighbourhood plan, if it had one, and see when that was prepared.

30
Q

What is the call for sites process?

A

LPAs required to identify future supply of land that’s suitable, available and achievable for development.

LPAs will encourage land owners to come forward with sites they are interested in developing.

Anyone can put forward a site.

Doesn’t mean it’s allocated for development, have to be technically assessed first.

31
Q

What is a SHLAA?

A

Strategic Housing Land Availability Assessment

Call for sites leads to SHLAA.

Technical exercise to determine quanity and suitability of development land for housing.

Part of the evidence base needed for preparation of a Local Plan.

32
Q

What is a SHMA?

A

Strategic Housing Market Assessment

Assessment of future housing market requirements within an area, including assessment of type, density etc.

This identifies the Objectively Assessed Housing Need (OAHN)

This forms a key component of the analysis of determining the number of homes needed over the plan period.

33
Q

What is a SHELAA?

A

Strategic Housing Economic Land Availability Assessment

A process undertaken by the local authority to find land with development potential, required to support local plan development.

34
Q

What is an allocation?

A

Sites which have been allocated for a specific purpose, such as housing or employment.

Still need planning permisison, but likely to get it as have been identified as suitable.

35
Q

How can you promote a site through the Local Plan?

A
  1. Call for sites exercise
  2. SHLAA – all sites would be put in and graded

Then through the adoption of Local Plan.

36
Q

What is a five-year land supply and why is important?

A

Under NPPF, all LPAs must demonstrate deliverable 5-year housing target, with 5% buffer.

5-year housing supply calculated on ‘standard method’ – with LPA specific constraints.

37
Q

What is a housing devliery test?

A

An annual measurement of the number of homes built in LPAs across England over a three-year period.

There are penalties for those delivering less than 95% of their requirement.

The most severe penalty, LPAs that delivered under 75% and now face the ‘presumption in favour of sustainable development’.

This essentially means that planning permission should be granted, unless the site is protected under the NPPF or the adverse impacts demonstrably outweigh the benefits.

38
Q

What is an Annual Monitoring Report?

A
39
Q

What is Neighbourhood planning?

A

Neighbourhood planning gives communities direct power to develop a shared vision for their neighbourhood and shape the development and growth of their local area.

40
Q

What do Neighbourhood Plans need to conform with?

A
  • NPPF
  • Local Plan
  • Win a neighbourhood referendum
41
Q

What is permitted development?

A

Some forms of development don’t need planning permission.

42
Q

What governs permitted development?

A

Town & Country Planning (Generally Permitted Development) Order 2018 (amended 2021)

43
Q

What are the 2020 changes to PD?

A

Upwards extension of buildings.

Demolition of buildings for replacement with dewllings.

44
Q

What are the 2021 changes to PD?

A

Class O and M (office and retail now revoked)

New class MA for the whole of Class E to residenital.

Cannot exceed 1,500 sqm

3 month vacancy prior to date of application.

Lawful use for 2 years.

45
Q

What is an article 4 Direction?

A

Issued by LPAs to control development in an area.

Commonly used for PD.

46
Q

What are recent changes to Article 4 Directions?

A

The revised NPPF has imposed a much more stringent test where the development relates to a change from non-residential to residential (paragraph 53 of the NPPF). In this scenario the use of Article 4 directions should be limited to situations where it ‘is necessary to avoid wholly unacceptable adverse impacts’.

47
Q

What is prior approval?

A

Under certain classes of PD, you need to submit a prior approval application.

Allows LPA to consider the proposal against certain factors ( e.g. transport and highways) and how these may be mitigated.

48
Q

When would you need prior approval?

A

Class MA
Upwards extensions of buildings
Demolition and replacement with new dwellings

49
Q

What is a use class?

A

Planning use classes are the legal framework which determines what a particular property may be used for by its lawful occupants.

50
Q

What now governs use class?

A

The Town and Country Planning (Use Classes) Regulations 2020

Effective Sep 2020

51
Q

What is the aim of the new use class order?

A

The aim is to allow businesses more flexibility in what buildings can be used for.

52
Q

What were the changes?

A

Revoked;

  • A1-5 (restaurants/shops)
  • B1 (offices/light industrial)
  • D1 (schools, health centres)
  • D2 (cinemas, gyms)

Now in either E, F or sui generis

53
Q

What is Use Class E

A

commercial, business and services

54
Q

What is now included in Use Class E?

A
  • Shops
  • Offices
  • Restaurants
  • Light industrial
  • Health centres
  • Gyms
55
Q

What does Use Class F1 cover?

A

learning and non-residential institutions.

56
Q

What does Use Class F2 cover?

A

local community centres

i.e. schools, museums

57
Q

Definition of Development?

A

Defined by Town & Country Planning Act 1990:

“the carrying out of building, engineering, mining or other operation in, on, over or under land, or the making of any material change in the use of any building or other land”.

58
Q

What is a developable site?

A

To be developable, the NPPF states that: “sites should be in a suitable location … with a reasonable prospect that they will be available and could be viably developed at the point envisaged”

59
Q

What is a deliverable site?

A

The NPPF states that deliverable sites “… should be available now, offer a suitable location for development now, and be achievable with a realistic prospect that housing will be delivered on the site within five years”.

APC (21 decks)

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