Planning Flashcards

Question

Explain the Written form of appeal:

Answer 1

- When the case can be assessed and understood from the appeal documents and a site inspection; - With the complexity being relatively simplistic; - A statement of case would be produced, no less than 3,000 words.

Answer 2

- Submission of written evidence (Statement of case); - An informal hearing once all the written submissions have been received - Presenting planning augments to an inspector in person; - Usually completed in one day or less; - Suitable for straightforward appeals.

Answer 3

- local inquiry is more formal procedure than the informal hearing route; - legal issues may need to be considered; - Main parties will usually have legal representatives & witnesses; - Planning Inspectorate will expect to have received various documents prior to Inquiry; - All parties will have the opportunity to present their case, and witnesses; - An inquiry may take one or several days, or in some cases weeks.

Answer 4

It has to be submitted to the Planning Inspectorate within: 6 Months of the decision- If you disagree 28 Days - against enforcement notice

Answer 5

A section 106 is a Private Agreement between the developer and the local authority to make acceptable development which otherwise be unacceptable in planning terms and are used for 3 purposes: Prescribe, Compensate and Mitigate. Planning conditions, the LPA may grant permission subject to condition for aspects of the development before you can proceed, this would enhance the quality of the development. The authority has to give reasons for the conditions.

Answer 6

CIL is a Community Infrastructure Levy It was brought in under the Planning Act 2008 It is a Planning Charge between the developer and the local authority This is a set percentage, which the local authority can spend on Infrastructure.

Answer 7

* dedication by the landowner (called express dedication); * public use which has been unchallenged by the landowner (called presumed dedication); * agreement between the landowner and the local authority; * order made by the local authority.

Answer 8

Statement of Community Involvement The SCI sets out standards to be achieved by the local planning authority in relation to involving the community in the preparation, alteration and continuing review of the Development Plan and in development control decisions. The aim of this document is to set out how all sections of the community have been involved in the planning process. These options include: meeting the parish council, notifying immediate neighbours, local exhibitions, newsletters, leaflets, Internet

Answer 9

Planning officers: assist with the operation of the planning system. Can approve small schemes through delignated powers Secretary of State: oversees the planning system as a whole Planning Inspectorate: is an executive agent of the Department for Communities and Local Government. are responsible for deciding most planning and enforcement appeals on behalf of the Secretary of State. Statutory Consultees: Where there is a requirement set out in law to consult a specific body, who is then under a duty to respond providing advice on the proposal in question. Non - Statutory Consultees: Where there are planning policy reasons to engage other consultees who - whilst not designated in law - are likely to have an interest in a proposed development

Answer 10

1) Councillors 2) Officers 3) Planning Inspectorate 4) Sec of State for DCLG

Answer 11

- Is an elected person from local residents - Takes on the role of representing the views and aspirations of the community in plan-making and applications which may affect them

Answer 12

- LPA's appoint planning officers to make planning decisions - Around 90% of decisions are made by a planning officer, and are typically applications which are minor and/or uncontroversial - Larger controversial applications will be made by committee with the recommendations from the officer

Answer 13

- Overseas the planning system as a whole - Has a direct role in decisions concerning - Appeals system - Call-in process - NSIP's

Answer 14

- An executive agency of the Department for Housing, Communities and Local Government - Responsible for deciding most planning and enforcement appeals on behalf of the Secretary of State - A key role in NSIP's

Answer 15

- Stream line planning system - Encourage sustainable development - Protect environment - Local and neighbourhood plans are central to the planning system - It is a material consideration for planning applications

Answer 16

1) The planning inspectorate will examine a project application 2) Planning Inspectorate will then make a recommendation to the relevant Secretary of State 3) The Secretary of State will make the final decision to refuse or grant the application

Answer 17

- Positively Prepared - Justified - Effective - Consistent with national policy

Answer 18

- A section 106 agreement is part of the Town and Country Planning Act 1990 - It is also known as a 'Planning Obligation' - They are used to mitigate or compensate for negative impacts of a development

Answer 19

- A requirement for development to include affordable housing - Compensation for loss of open space - Contribution to additional infrastructure to serve the development

Answer 20

The procedure is a means of drawing together, in a systematic way, an assessment of a project's likely significant environmental effects. This helps to ensure that the importance of the predicted effects, and the scope for reducing them, are properly understood by the public and the relevant competent authority before it makes its decision. Is a process that identifies the sugnificant environmental effects (both negative & positive) of development proposals. It aims to avoid, reduce, and offset any adverse impacts, It allows the Local Planning Authority to make an informed decision when considering an application. When? EIA Regulations Schedule 1 –always need an EIA EIA Regulations Schedule 2 –may need an EIA (assessed using criteria in Schedule 3)

Answer 21

Schedule 1 – significant energy projects e.g. power stations, chemical works, oil refinery

Answer 22

1. If there is a likely impact on the environment 2. If the development is located in a sensitive area 3. If it is a complicated project

Answer 23

Screening – Schedule 1 and 2 of the EIA Regulations

Answer 24

An EIA can be requested by the LPA at any stage of the planning application process.

Answer 25

A comprehensive document compiled of the impact assessments of various aspects of the environment and must include a non-technical summary.

Answer 26

Scoping – Ask the Local Planning Authority for a scoping opinion in which they specify which aspects must be included in the ES e.g.LVIA, Ecology, Hydrology, Archaeology

Answer 27

A short report that accompanies a planning application. Illustrates the process behind and explains and justifies design: - Access - Appearance - Landscape - Layout - Scale Used as a tool for negotiation with the LPA and to explain the scheme to the local community.

Answer 28

Major Developments - full and outline Development in a 'designated area' e.g. Conservation Area comprising of one or more dwellings / buildings with +100m2 floor space. NB: 2010 National Parks / AONBs were excluded from 'designated areas' Listed Buildings

Answer 29

Material change of use Engineering works Mining operations Amendment of conditions attached to planning consent

Answer 30

Changes nation to nation. England major development = - Development of minerals / waste - Greater than 10 dwellings / 0.5 hectares - Buildings greater than 1000m2 - Development greater than 1 ha - EIA Schedule 1 development

Answer 31

Use = activities which are done in, alongside or on the land but which do not interfere with the actual physical characteristics of the land. A change of use constitutes development only if it is material from a planning point of view.

Answer 32

Nationally Significant Infrastructure Project Governed by the Planning Act 2008, amended by the Localism Act 2011 Require 'Development Consent' Applications made to and examined by PINs Makes a recommendation to the Secretary of State SoS makes the decision whether to grant / refuse development consent (Development Consent Order) This makes the planning process quicker and avoids the need to apply for multiple different consents

Answer 33

1. Screening 2. Scoping 3. Baseline 4. Identification of effects 5. Assessment of effects 6. Mitigation 7. Preparation of the ES 8. Monitoring & Auditing

Answer 34

1. Description of project 2. Scoping 3. Consideration of the stages of the life cycle of the project 4. Consideration of alternatives 5. Baseline 6. Identification and assessment of: a. landscape effects b. visual effects 7. Mitigation

Answer 35

Landscape effects = Effects on the landscape as a resource. Receptors are the elements of the landscape which contribute to its character. Visual effects = Effects on the view and visual amenity as experienced by people. Receptors are people located within the landscape.

Answer 36

Buildings of special architectural / historic interest that are registered by Historic England. Planning (Listed Buildings and Conservation Areas) Act 1990 Works to any listed building must first be consented by HE. Trafford Waters: All Saints Church, Grade 1 listed. Barton-upon-Irwell Swing Aqueduct & Bridge are both Grade II* listed.

Answer 37

Conservation Area is a local designation made by the local planning authority to manage areas of special architectural or historic interest. 020.3 Planning (Listed Buildings and Conservation Areas) Act 1990 Effective management of a conservation area = character appraisal and accompanying management plan.

Answer 38

NPPF suggests that a planning obligation is 'a legally enforceable obligation entered into under section 106 of the Town and Country Planning Act 1990 to mitigate the impacts of a development proposal' Offset the impact by making improvements.

Answer 39

Section 38 of the Highways Act. LPA enters into legal agreement with developer to adopt a new highway provided the highway has been constructed to a specified standard and to the specification of the local highways authority.

Answer 40

What are material considerations? A material consideration is a matter that should be taken into account in deciding a planning application or on an appeal against a planning decision. Material considerations can include (but are not limited to): Overlooking/loss of privacy Loss of light or overshadowing Parking Highway safety Traffic Noise Effect on listed building and conservation area Layout and density of building Design, appearance and materials Government policy Disabled persons' access Proposals in the Development Plan Previous planning decisions (including appeal decisions) Nature conservation

Answer 41

Where they are not significant changes, they may be described as ‘non-material amendments’. Section 96A of the Town and Country Planning Act 1990 permits applications for non-material amendment to existing planning permissions which remain subject to the original conditions and time limits. Where changes are more significant, they may be described as 'minor material amendments'. Section 73 of the Town and Country Planning Act 1990, allows an application to be made to permit conditions associated with the original permission to be varied or removed. This can be used to vary a condition that lists the drawings associated with the existing planning permission. If there is no such condition, one may be added using an application under section 96A of the Town and Country Planning Act 1990 and then a section 73 application to vary that condition. Where an amendment is considered to be a ‘material amendment’ a complete new planning application is required.

Answer 42

A Screening Opinion is required for categories of development above a certain size, or if they are within a sensitive area such as an AONB or SSSI. The Screening Opinion is the local planning authority’s assessment of whether an Environmental Statement should be submitted with the application. If the application falls within the categories of development set out in Schedule 2 of the Regulations and either (a) meets or exceeds the size thresholds or (b) is within a sensitive area, a Screening Opinion is a mandatory requirement

Answer 43

Legislation: NPPF (National Planning Policy Framework) · Structure: Two-tiered (National and Local) except in Metropolitan Areas where three-tiered. · Principles: Development control based on issuing permits to regulate development (.e.g land use and new building).

Answer 44

Validation takes 3-5 days (10 if large) Decision is made in 8 weeks, unusually large or complex applications - 13 weeks (if subject to EIA - 16 weeks) The Planning Guarantee includes an absolute limit of 26 weeks (providing this is agreed in writing).

Answer 45

Within 6 months from decision Addressed to the Planning Inspectorate who determines how the appeal will be dealt with Inspector will visit the appeal site 3rd parties cannot appeal occasionally the Secretary of State will decide

Answer 46

Section 75 planning obligations in Scotland are rooted in the Town and Country Planning (Scotland) Act 1997 Section 75 sets the statutory basis for legally binding planning obligations registered on the land title—covering developer contributions such as infrastructure and affordable housing. It is a contract between a LA and a landowner (and possible future owners) which requires the landowner to restrict or regulate the use of their development or mitigate potential negative impacts. Used to secure developer contributions or actions that cannot be achieved through planning conditions (e.g., affordable housing, infrastructure).

Answer 47

Full Planning Permission Planning Permission in Principle (PPiP) + Matters Specified in Conditions Listed Building/Conservation Area Consent Advertisement Consent Categorized as Local, Major, or National.

Answer 48

Local: Target 2 months (avg ~11.8 weeks) Major: Target 4 months (often longer) National: Longer, includes hearings.

Answer 49

Local Planning Authority (officers or committees) Local Review Body (LRB) for delegated decisions DPEA (Directorate for Planning and Environmental Appeals) /Scottish Ministers for major/national appeals.

Answer 50

Normally 3 years unless development starts; extensions via Section 42.

Answer 51

Community Infrastructure Levy – a charge in England/Wales for funding infrastructure from new developments. Scotland does not use CIL; relies on Section 75 agreements.

Answer 52

Scotland uses NPF4 for biodiversity Section 75 (not CIL) instead of Section 106 Mandatory pre-app consultation for major/national. Appeals: LRB for local, DPEA for major/national (England appeals go to Secretary of State). Biodiversity policy differs (England mandates 10% net gain).

Answer 53

Section 36/section 37 consent from Town and Coutry Planning (Scotland) Act 1997 - for large power station, overhead lineas and major energy infrastucture

Answer 54

Scottish Minister

Answer 55

Scotland: - No single process; depends on sector - Decision made by Scottish Minister or local authority - public involvemnt; consultation+inquiries England: - one DCO covers everything - decision made by the Secretary of State - public involvemnt: structure DCO examination

Answer 56

It is when permission is automatically granted as part of the another consenting process- meaning the developer does not need to submit seperate planning application to the local authority. In Scotland most commonly used in Section 36 and Section 37. In England it can be granted through: - DCO for NSIPs (it applies to major energy, transport, water and waste NSIPs) - Under TCPA (Town and Country Planning Act 1990) through Transport and Works Act Orders for certain rail, traim and guided transport schemes.

Answer 57

* study the local planning authority's plans and policies * Consider the definition of 'development' * Is it 'permitted development' or 'not considered to be development' * is the project nationally significant, major or of local interest only? * Is the site sensitive for its location, species or habitat?

Answer 58

Land uses with a significant impact on character of an area, the nature and intensity of traffic, noise and disturbance at unsocial hours, or with risks to public health and safety. E.g. * disposal of refuse or waste, scrap yard, coal yards * use of land for retention, treatment or disposal of sewage, trade waste or sludge * slaughter house *Zoo, breeding or boarding dogs and cats * cemetery *licences premisses, tall buildings, hot food shops

Answer 59

Full planning permission and advertisement (including press advertisement), consultation and consent beyond the usual case.

Answer 60

Developments which are permitted without the necessity of formal planning application consent. These are usually small-scale and relatively uncontroversial. Detail of PD differs between the nations but generally they include following examples. - Limited enlargement or improvement of dwelling house - Forming, layout out and construction of means of access to a minor road, except where this cause the hazard. (check details in regards to size and material) - painting the exterior of the building - change of use within the same use class - development within the yard of a dwelling house (including summer house, tool shed). - gates, fences below 1m high adjoining a vehicular highways; less than 2m elsewhere

Answer 61

- Legislation: * The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) * Permitted Development (Classified under the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 and subsequent amendments) - gov.uk Permitted development rights for householders: technical guidance" (GOV.UK) England only - Planning Portal (what PD rights are, where PD is restricted, how Article 4 directions can remove your PD rights, differences for houses vs flats vs commercial premises) - Scotland: gov.scot → Planning → Permitted Development Rights

Planning Flashcards

(85 cards)