Planning Flashcards

Question

25. What scale should a site plan be ?

Answer 1

1:200 or 1:500

Answer 2

As defined in s92 of the TCPA 1990 it is an application with the reservation for subsequent approval by the LPA of matters not particularized in the application

Answer 3

Three Years

Answer 4

``` Appearance Means of Access Scale Layout Landscape ```

Answer 5

``` Householder: 8 weeks Non material amendment: 28 days Material amendment: 8 weeks Major application: 13 weeks EIA applications: 16 weeks If application is not determined within 26 weeks then application can be appealed under non determination ```

Answer 6

Finney vs welsh ministers- wind turbine increase- cant use s73 to change the description of development Wet Finishing Works Limited v Taunton Deane Borough Council – 84 to 90 units

Answer 7

I followed the following process: Liaised with the planning department Submitted a planning application which included, site plan, location plan, application form and supporting information from M&E consultant.

Answer 8

Where councils can’t demonstrate this five year supply, national planning policy, rather than local planning rules take precedence. National policy states there should be a “presumption in favour of sustainable development” for housing. This means that if a site can be considered to deliver ‘sustainable development’ then planning permission should be granted, even if there is no support from the council for housing in that location or the site sits outside the Local Plan.

Answer 9

Need to submit a scheduled monument consent to the Secretary of State for Digital, Culture, Media and Sport. Generally submitted via Historic England

Answer 10

A Planning Performance Agreement (PPA) is a project management tool that the Local Planning Authority (LPA) and applicant can use to agree timescales, actions and resources for handling particular applications. PPAs can be used at the pre-application stage, the planning application stage and at the post decision stage or any combination of these.

Answer 11

The benefits are Identification of key issues and consultees at an early stage; Provides a guarantee of Council resources with realistic timescales Better overall management from pre-application through to post-application stages; Greater accountability, transparency and communication; Improved partnership working; Continuity and consistency from Local Planning Authority (LPA) officers; and Bespoke advice from key consultees (e.g. building control, environment, highways etc.)

Answer 12

February 2019

Answer 13

Town and Country Planning (Permitted Development, Advertisement and compensation Amendments) (England) Order 2019 Temporary change of use for 3 years Permitting the permanent change of use of hot food takeaways (A5) to residential (C3). This is subject to a 150m2 limit. Household rear extensions have been increased to up to 8m subject to prior approval

Answer 14

To make a development acceptable in planning terms when it otherwise wouldn’t be

Answer 15

No. it is a tariff base system

Answer 16

Residential: 10+ homes or on site which 0.5 hectares or more Non-residential: 1,000m/2 or site which is 1 hectare or more.

Answer 17

``` Householder planning application Full planning consent Outline Reserved matters Listed building Lawful development certificate Prior approval Removal/ variation of conditions (s73) Approval (discharging) of conditions Non material amendment ```

Answer 18

(a) necessary to make the development acceptable in planning terms; (b) directly related to the development; and (c) fairly and reasonably related in scale and kind to the development.

Answer 19

Para 55 of the NPPF states planning conditions must be Necessary, Relevant to planning and to the development to be permitted, Enforceable, Precise Reasonable in all other respects Conditions that are required to be discharged before development commences should be avoided, unless there is a clear justification

Answer 20

150 units or more Over 30 meters high Development of green belt or Metropolitan Land

Answer 21

125 units per hectare Consistent with density when looking at sustainable residential quality matrix

Answer 22

Public Transport Accessibility Level

Answer 23

``` GLA Environment Agency Historic England Natural England TFL Network Rail Water/ sewer undertakers Highways department Thames water Local community Canal river trust Sports England NHS Secure by design Historic England Natural England ```

Answer 24

``` Phase 1 Habitat- Spring/ summer Bat scoping- All year Bat Activity – Late spring/ summer Badger- late Autumn/ Late winter/ Early Spring- To ensure vegetation at a low level Hedgerow- Late spring/ Early summer Breeding Bird- Spring/ Early summer ```

Answer 25

To regulate development and to identify and ensure the correct mix of uses are planned to create sustainable communities.

Answer 26

Application form, site plan, location plan, the correct application fee, design and access statement and ownership certificate: - Cert A- sole owner of the land relating to the planning - Cert B- if you are not the sole owner of all the land. You must also serve notice on all other owners - Cert C- as above but you do not know the identity of all the owners. You must also serve notice on all known owners and publicize in a local newspaper. - Cert D- You cannot trace any of the owners

Answer 27

Building operations, subdividing of building, mining operations and ground works, Building works that only affects the interior and does not affect the material impact of the exterior is NOT development (On non-listed buildings). Change in primary use that doesn’t require planning permission (where the use is in the same use class) is also not development

Answer 28

Allow for new freedoms and flexibilities for local government; new rights and powers for communities and individuals; reform to make the planning system more democratic and more effective, and reform to ensure that decisions about housing are taken locally

Answer 29

The removal of regulation 123 'pooling restriction' which limited to contributions from 5 or more. his will allow charging authorities to use both CIL and section 106 contributions to fund the same item of infrastructure, providing them with greater flexibility for infrastructure funding. From December 2020, local authorities must publish an infrastructure funding statement and publish information of s106

Answer 30

The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019

Answer 31

Para 133-147 a) to check the unrestricted sprawl of large built-up areas; b) to prevent neighbouring towns merging into one another; c) to assist in safeguarding the countryside from encroachment; d) to preserve the setting and special character of historic towns; and e) to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.

Answer 32

1. Information Gathering- • Formulate initial aims and objectives, Begin evidence gathering, Notify relevant consultation bodies and those carrying on business in the area and invite them to make representation. 2. Publication- Local Plan is formally published for a minimum of six weeks for representations to be made. 3. Submission- Local Plan, representations and other required documents are submitted to the Planning Inspectorate. Inspectorate arrange for the Local Plan to be scrutinized through an examination by an independent inspector. 4. Found sound- Inspector writes a report setting out whether the Local Plan is sound and satisfies legal requirements. If the Local Plan is not sound, the local planning authority can ask the inspector to recommend modifications to make it sound. 5. Adoption- If the inspector recommends that the Local Plan may be adopted, the local planning authority may formally adopt it (usually by a vote in full Council). Once adopted, it is part of the development plan for the local area.

Answer 33

Resolution to Grant means a resolution (either by committee or by an officer of the Planning Authority properly delegated to make such a resolution on behalf of the Planning Authority) by the Planning Authority to grant Planning Permission.

Answer 34

Submit evidence to the council showing why the development you are proposing is actually needed. This might be from analysing the council’s own evidence or it could be brand new information you have prepared yourself. For example, you might submit evidence to show that the council needs to deliver a significant number of new homes in a particular town. Demonstrate why your site is suitable for the type of development that is needed. This requires specialist evidence relating to traffic, ground conditions, ecology, landscape and heritage. A masterplan for the proposed development is useful as well, to show how the development could actually look. Often there will be more than one potential site for the development that is needed; where possible, your evidence should show that your site is better than the alternatives.

Answer 35

Dealt with by Technical Team but I have assited in discharging s.106 obligations. Monitoring fees Employment contribution to the Planning Authority Initial consultation for the Controlled Parking Zone Car club prior to occupation Affordable housing programme Travel plan

Answer 36

If conditions are not discharged or adhered to you can be subject to planning enforcement action in the form of a Temporary Stop Notice which will prevent you from working on site, or a Breach of Condition Notice which will be visible indefinitely on all future land/property searches. Amongst others: Service of a Temporary Stop Notice – closing down any works on the site Issue of a Breach of Condition Notice Issue of an Enforcement Notice A need to re-submit a full planning application to the Council if the consent is invalidated A record on Land Charges Searches that the development is unauthorised (and possible subject to enforcement action) Potential difficulties in raising funds against or selling of the land or building Prosecution if subsequent enforcement notices are not complied with Undertaking works to a listing building in breach of conditions is a criminal offence

Answer 37

1. planning promotion agreement 2. written representation in call for sites 3. submit planning application 4. Appeal 5. Decision- Purcahse or sell and split profit with landowner

Answer 38

To help small and medium sized developers by introducing amendments to the Community Infrastructure Levy Regulations 2010 to enable charging authorities to defer payments, to temporarily disapply late payment interest and to provide a discretion to return interest already charged where they consider it appropriate to do so

Answer 39

Local planning authorities (and applicants of EIA development under the TCPA) now have the flexibility to take other reasonable steps to publicise applications if they cannot discharge the specific requirements for site notices, neighbour notifications or newspaper publicity. These steps will notify people who are likely to have an interest in the application and indicate where further information about it can be viewed online. These steps can include the use of social media and other electronic communications and must be proportionate to the scale and nature of the proposed development.

Answer 40

A requirement for all local authorities to have up-to-date Local Plans in place by December 2023, or see government intervention. "The government will prepare to intervene where local authorities fail to meet the deadline in accordance with the existing statutory powers, considering appropriate action on a case by case basis."

Answer 41

No elections or referendums can take place until 6 May 2021. This includes neighbourhood planning referendums. These provisions will be kept under review and may be amended or revoked in response to changing circumstances.

Answer 42

Robert Jenrick

Answer 43

Planning Appeals are governed by Section 78 of the Town and Country Planning Act 1990 (as amended).

Answer 44

Householder Appeal (aka Fast Track appeals, set at 12 weeks from the Start Letter and only applicable to Householder applications (extensions and outbuildings not new houses)) Written Representations – one of the quickest routes to obtaining consent, limited to matters that can be dealt with by exchange of evidence and not discussion or cross-examination. Hearings (aka Informal Hearings) – becoming more common in place of Inquiries, allows for discussion around the table and questions from the Inspector Public Inquiries – the most formal of processes, whilst not essential most teams are supported by solicitors or barristers. Led by the Inspector a PI is comprised of opening statements, expert evidence (appellant followed by third parties, then LPA) under examination, cross examination and possibly re-examination, local resident statements, conditions, s106 matters, then closing statements. The Inspector will then either close the Inquiry and undertake a site visit with no further evidence, or leave the Inquiry open to allow for comments on the site visit and close it on site.

Answer 45

Appeal against non-determination (must be made within 6 months of the expiry of statutory period or EoT) Consider a tandem application submission alongside the appeal following a refusal, this is a free go within 12 months of a decision and hope that the LPA deal with any application in a timely manner to enable the appeal to be withdrawn.

Answer 46

The government will introduce amendments to the Community Infrastructure Levy Regulations 2010 to enable charging authorities to defer payments, to temporarily disapply late payment interest and to provide a discretion to return interest already charged where they consider it appropriate to do so for developers that have an annual turnover of less than £45 million. Under cil reg 2010 69B- councils can allow CIL to be paid in one or more instalment and can sent the date on which each payment is due.

Answer 47

There are greater flexibilities within section 106 planning obligations than CIL. Where the delivery of a planning obligation, such as a financial contribution, is triggered during this period, local authorities are encouraged to consider whether it would be appropriate to allow the developer to defer delivery. Deferral periods could be time-limited, or linked to the government’s wider legislative approach and the lifting of CIL easements (although in this case we would encourage the use of a back-stop date). Deeds of variation can be used to agree these changes. Local authorities should take a pragmatic and proportionate approach to the enforcement of section 106 planning obligations during this period. This should help remove barriers for developers and minimise the stalling of sites.

Answer 48

Not to occupy more than 25% of market housing units until 50% of the affordable housing has been constructed and ready for occupation Not to occupy any of the market housing units on each phase until the required affordable housing units for the previous phase are constructed and ready for occupation.

Answer 49

The Disability Discrimination Act - Understanding the Legalities. In 1995, the Disability Discrimination Act (DDA) made it mandatory for all establishments and service providers that are open to the public to take reasonable steps provide access for disabled people.

Answer 50

Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (the ‘2017 Regulations’) NPPF For developments over 5 Ha, or 150 units

Answer 51

RICS professional standards and guidance, global Valuation of development property 1st edition, October 2019 What is development property defined as? IVS 410 defines development property as ‘an interest where redevelopment is required to achieve the highest and best use, or where improvements are either being contemplated or are in progress at the valuation date’ This includes: • ‘The construction of buildings, • Previously undeveloped land, which is being provided with infrastructure, • The redevelopment of previously developed land, • The improvement or alteration of existing buildings or structures, • Land allocated for development in a statutory plan, and • Land allocated for a higher value use or higher density in a statutory plan’.

Answer 52

Town and Country Planning (Development Management Procedure, Listed Buildings and Environmental Impact Assessment) (England) (Coronavirus) (Amendment) Regulations 2020. Guidance

Answer 53

The temporary requirements increase the minimum period authorities must give in a newspaper notice and on their website inviting representations on planning applications from 14 to 21 days (or longer where the period includes bank or public holidays). The period of 30 days for environmental impact assessment applications and the minimum 21 day period for listed building consents remain unchanged. The amendments will expire on 31 December 2020. Can use social media

Answer 54

Many establishments are now making use of the temporary Use Class DA which allows A3 (restaurants and cafes), A4 (drinking establishments), mixed uses within A3 and A4 and drinking establishments with expanded food provision to temporarily change use to the provision of take away food until 23 March 2021.

Answer 55

Instalment policies adopted by some authorities allow developers to pay in instalments. Otherwise, CIL is payable in full 60 days from the intended commencement date

Answer 56

MHCLG’s latest guidance encourages councils to consider whether it would be appropriate to allow developers to defer section 106 obligations triggered during the COVID-19 outbreak through deeds of variation. Councils are encouraged to take a “pragmatic and proportionate approach” to the enforcement to help remove barriers for developers and minimise the stalling of sites.

Answer 57

The Planning Inspectorate has produced updated guidance on site visits, inquiries and hearings. Site visits will be commencing “where it is safe to do so” and the Inspectorate will be considering whether there are cases that can proceed without site visits. Following a successful pilot of the first fully digital hearing on 11 May, the Inspectorate hopes that at least a further 20 examinations, hearings and inquiries will follow during May and June. Progressing cases through hybrid means involving a mix of different procedures or events where some parties may attend in person and others by video / telephone links or “social distanced” events are also being explored

Answer 58

Consideration of the processes involved in plan making continues. Councils are being encouraged to assess and update their Statements of Community Involvement where policies cannot be complied with due to the effects of COVID-19. Temporary amendments may allow online engagement methods, such as virtual exhibitions, digital consultations, video conferencing, social media and provision of documents online. MHCLG is exploring other ways to facilitate progress in local plan making. At present, no neighbourhood plan referendums can take place until 6 May 2021, although this will remain under review. In the meantime, neighbourhood plans awaiting referendum can be given significant weight under amended guidance

Answer 59

A5 is the best as it can be changed to all the other A use classes

Answer 60

In the case of any other breach of planning control, no enforcement action may be taken after the end of the period of ten years beginning with the date of the breach- change of use. Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially completed.

Answer 61

Paragraph 2 on the NPPF states that Planning law requires that applications for planning permission be determined in accordance with the development plan, unless material considerations indicate otherwise

Answer 62

Means that developers could end up paying twice towards the same infrastructure

Answer 63

housing for sale or rent, for those whose needs are not met by the market (including housing that provides a subsidised route to home ownership and/or is for essential local workers); and which complies with one or more of the following definitions: Affordable housing for rent starter homes Discounted market sales Other affordable routes to home ownership: Help to buy and shared ownership

Answer 64

``` meets all of the following conditions: (a) the rent is set in accordance with the Government’s rent policy for Social Rent or Affordable Rent, or is at least 20% below local market rents (including service charges where applicable); (b) the landlord is a registered provider, except where it is included as part of a Build to Rent scheme (in which case the landlord need not be a registered provider); and (c) it includes provisions to remain at an affordable price for future eligible households, or for the subsidy to be recycled for alternative affordable housing provision. For Build to Rent schemes affordable housing for rent is expected to be the normal form of affordable housing provision (and, in this context, is known as Affordable Private Rent) ```

Answer 65

is as specified in Sections 2 and 3 of the Housing and Planning Act 2016 and any secondary legislation made under these sections. The definition of a starter home should reflect the meaning set out in statute and any such secondary legislation at the time of plan-preparation or decision-making. Where secondary legislation has the effect of limiting a household’s eligibility to purchase a starter home to those with a particular maximum level of household income, those restrictions should be used.

Answer 66

is that sold at a discount of at least 20% below local market value. Eligibility is determined with regard to local incomes and local house prices. Provisions should be in place to ensure housing remains at a discount for future eligible households.

Answer 67

``` 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 ``` However, issues such as loss of view, or negative effect on the value of properties are not material considerations.

Answer 68

Provided that those amendments do not result in the scale and nature of the development being substantially different from the one previously approved. One must look at the permission as a whole.

Answer 69

Town and Country Planning (Environmental Impact Assessment) Regulations 2017

Answer 70

1. Screening. 2. Appeal. 3. Scoping- can appeal if LPA does not come back on time.

Answer 71

Under schedule 2 (i) The development includes more than 1 hectare of urban development which is not dwelling house development; or (ii) the development includes more than 150 dwellings; or (iii) the overall area of the development exceeds 5 hectares.

Answer 72

For housing, development where 10 or more homes will be provided, or the site has an area of 0.5 hectares or more. For non-residential development it means additional floorspace of 1,000m2 or more, or a site of 1 hectare or more, or as otherwise provided in the Town and Country Planning (Development Management Procedure) (England) Order 2015.

Answer 73

Environmental Impact Assessment (EIA) is a means of drawing together an assessment of the likely significant environmental effects arising from a proposed development in a systematic way

Answer 74

Schedule 1 to the 2017 EIA Regulations always require EIA. These tend to be larger developments or those with potentially the most significant environmental effects, such as airports, oil refineries, or motorways.

Answer 75

Section 73 of the Town and Country Planning Act 1990 enables an applicant to apply to develop land without compliance with conditions attached to an extant previous planning permission

Answer 76

Under this section a local planning authority may amend or remove conditions but may not amend any other part of the permission. A successful s.73 application results in the grant of a new planning permission and therefore the original permission remains intact. A developer may then elect between them.

Answer 77

A document setting out the 5 year housing land supply position on 1st April each year, prepared by the local planning authority in consultation with developers and others who have an impact on delivery.

Answer 78

a) makes as much use as possible of suitable brownfield sites and underutilised land; b) optimises the density of development in line with the policies in chapter 11 of this Framework, including whether policies promote a significant uplift in minimum density standards in town and city centres and other locations well served by public transport; c) has been informed by discussions with neighbouring authorities about whether they could accommodate some of the identified need for development, as demonstrated through the statement of common ground

Answer 79

a) buildings for agriculture and forestry; b) the provision of appropriate facilities (in connection with the existing use of land or a change of use) for outdoor sport, outdoor recreation, cemeteries and burial grounds and allotments; as long as the facilities preserve the openness of the Green Belt and do not conflict with the purposes of including land within it; c) the extension or alteration of a building provided that it does not result in disproportionate additions over and above the size of the original building; d) the replacement of a building, provided the new building is in the same use and not materially larger than the one it replaces; e) limited infilling in villages; f) limited affordable housing for local community needs under policies set out in the development plan (including policies for rural exception sites); g) limited infilling or the partial or complete redevelopment of previously developed land, whether redundant or in continuing use (excluding temporary buildings),

Answer 80

Pre Demolition- Ecological assessment Pre commencement- Materials details, landscaping details, ground water monitoring, site waste management plan Time limit- 3 years Approved drawings Pre-occupancy- Noise, energy efficiency, SUDS, sustainability assessment and remediation works. Post occupancy monitoring and management.

Answer 81

Calculated based on site area less than 2.5 ha- £462 per 0.1 hectares More than 2.5 ha- £11,432 + £138 per 0.1 hectare up to a maximum of £150k

Answer 82

Up to 50 units- £462 | More than 50 units- £22,859 + £138 per unit with a max of 300k

Answer 83

£234 each

Answer 84

Town and Country Planning (Permission in Principle) (Amendment) Order 2017 The permission in principle consent route is an alternative way of obtaining planning permission for housing-led development which separates the consideration of matters of principle for proposed development from the technical detail of the development. The permission in principle consent route has 2 stages: the first stage (or permission in principle stage) establishes whether a site is suitable in-principle and the second (‘technical details consent’) stage is when the detailed development proposals are assessed.

Answer 85

£402 for each 0.1ha

Answer 86

The London Plan is the overall strategic plan for London setting out an integrated economic, environmental, transport and social framework for the development of London for the next 20-25 years

Answer 87

Policy 2.6 – Outer London: vision and strategy Policy 2.7 – Outer London: economy Policy 2.8 – Outer London: transport Policy 2.14 – Areas for regeneration Policy 3.1 – Ensuring equal life chances for all Policy 3.2 – Improving health and addressing health inequalities Policy 3.3 – Increasing housing supply Policy 3.4 – Optimising housing potential Policy 3.5 – Quality and design of housing developments Policy 3.6 – Children and young people’s play and informal recreation facilities Policy 3.7 – Large residential developments Policy 3.8 – Housing choice Policy 3.9 – Mixed and balanced communities Policy 3.10 – Definition of Affordable Housing Policy 3.11 – Affordable housing targets Policy 3.12 – Negotiating affordable housing on individual private residential and mixed-use schemes Policy 3.13 – Affordable Housing thresholds. Policy 3.14 – Existing housing Policy 3.15 – Co-ordination of housing development and investment. Policy 3.16 – Protection and enhancement of social infrastructure Policy 3.17 – Health and social care facilities Policy 3.18 – Education facilities Policy 3.19 – Sports facilities Policy 4.1 – Developing London’s economy Policy 4.12 – Improving opportunities for all Policy 5.1 – Climate change mitigation Policy 5.2 – Minimising carbon dioxide emissions Policy 5.3 – Sustainable design and construction Policy 5.5 – Decentralised energy networks Policy 5.6 – Decentralised energy in development proposals Policy 5.7 – Renewable energy Policy 5.9 – Overheating and cooling Policy 5.10 – Urban greening Policy 5.11 – Green roofs and development site environs Policy 5.12 – Flood risk management Policy 5.13 – Sustainable drainage Policy 5.15 – Water use and supplies Policy 5.18 – Construction, excavation and demolition waste Policy 5.21 – Contaminated land Policy 6.9 – Cycling Policy 6.10 – Walking Policy 6.12 – Road network capacity Policy 6.13 – Parking Policy 7.1 – Lifetime neighbourhoods Policy 7.2 – An inclusive environment Policy 7.3 – Designing out crime Policy 7.4 – Local character Policy 7.5 – Public realm Policy 7.6 – Architecture Policy 7.7 – Location and design of tall and large buildings Policy 7.14 – Improving air quality Policy 7.15 – Reducing noise and enhancing soundscapes Policy 7.18 – Protecting local open space and addressing local deficiency Policy 7.19 – Biodiversity and access to nature Policy 7.21 – Trees and woodlands

Answer 88

It is currently in the Intend to publish stage (Dec 2019) but the SOS has responded with Directions due to inconsistencies.

Answer 89

GG6 – Increasing efficiency and resilience – supports the move towards a low carbon circular economy contributing towards London becoming a zero-carbon city by 2050 D3 - Optimising site capacity through the design-led approach – reinforces the responsibility for new development to make the most efficient use of land and to optimise site capacity through a design led approach based on an evaluation of the site’s attributes and surrounding context. D4 – Delivering good design- introduces requirements for design scrutiny including the use of design review D6 Housing quality and standards – introduces a stronger policy on housing standards including minimum space standards and qualitative standards. Private outside space standards are also included D 8 – Public Realm – development proposals should encourage and explore opportunities to create new public realm where appropriate D 12 – Fire Safety. All development proposals must achieve the highest standards of fire safety and must ensure that they identify suitable positioned unobstructed outside space for fire appliances to be positioned on and incorporate appropriate fire alarm systems and passive and active fire safety measures and are constructed in an appropriate way so as to minimise the risk of fire spread. Part B requires that all major development proposals should be submitted with a Fire Statement produced by a third party suitably qualified assessor. H4 – Delivering Affordable Housing – the strategic target is for 50% of all new homes across London to be genuinely affordable. The Mayor expects that residential proposals on public land should deliver at least 50% affordable housing. H8 – Loss of existing housing and estate redevelopment – loss of existing housing should be replaced by new housing at existing or higher densities with at least the equivalent level of overall floorspace. This policy also encourages the replacement of an equivalent amount of affordable housing floorspace. Viability Testing required. S4 – Play and Informal Recreation – stresses the importance of safe and stimulating play as essential for children and young people’s mental and physical health and requires that at least 10 m2 of accessible play provision be provided in residential developments G4 – Open Space – promotes the creation of new areas of publicly accessible open space especially in areas with the potential for substantial change. Ensure that open space, particularly green space, included as part of development remains publicly accessible. Development proposals should not result in the loss of protected open space and where possible create areas of publicly accessible open space particularly in areas of deficiency.

Answer 90

Core Policy 1: Strategic growth areas Core policy 2: Housing supply and locations for new homes Core policy 3: Affordable housing Core Policy 4: Housing quality Core Policy 5: Housing types Core Policy 6: Housing need Core Policy 8: Education Core Policy 9: Supporting Community Cohesion Core Policy 20: Sustainable Energy use and energy infrastructure Core Policy 21: Delivering sustainable water supply, drainage and sewerage infrastructure Core Policy 24: The road network Core Policy 25: Pedestrians and cyclists Core Policy 26: Public transport Core Policy 28: Managing flood risk through development Core Policy 29: Flood management infrastructure Core Policy 30: Maintaining and improving the quality of the built and open environment Core Policy 31: Built and landscape heritage Core Policy 32: Pollution Core Policy 34: Parks, playing fields and other open spaces Core Policy 36: Biodiversity Core Policy 40: North East Enfield

Answer 91

DMD1: Affordable Housing on Sites Capable of Providing 10 units or more DMD3: Providing a Mix of Different Sized Homes DMD4: Loss of existing residential units DMD6: Residential Character DMD8: General Standards for New Residential Development DMD9: Amenity Space DMD10: Distancing DMD15: Specialist Housing Need DMD 16: Provision of new community facilities DMD 17: Protection of community facilities DMD 18: Early Years Provision DMD 37: Achieving High Quality and Design-Led Development DMD 38: Design Process DMD 42: Design of civic/public buildings and institutions DMD 43: Tall Buildings DMD45: Parking Standards and Layout DMD47: New Road, Access and Servicing DMD48: Transport Assessments DMD49: Sustainable Design and Construction Statements DMD50: Environmental Assessments Method DMD51: Energy Efficiency Standards DMD 52: Decentralized energy networks DMD53: Low and Zero Carbon Technology DMD55: Use of Roofspace/ Vertical Surfaces DMD57: Responsible Sourcing of Materials, Waste Minimisation and Green Procurement DMD58: Water Efficiency DMD59: Avoiding and Reducing Flood Risk DMD 60: Assessing Flood Risk DMD 61: Managing surface water DMD 62: Flood control and mitigation measures DMD 63: Protection and improvement of watercourses and flood defences DMD64: Pollution Control and Assessment DMD65: Air Quality DMD 66: Land contamination and instability DMD68: Noise DMD69: Light Pollution DMD 70: Water Quality DMD 71: Protection and enhancement of open space DMD 72: Open Space Provision DMD 73: Child Play Space DMD 76: Wildlife corridors DMD 77: Green chains DMD 78: Nature conservation DMD79: Ecological Enhancements DMD80: Trees on development sites DMD81: Landscaping

Answer 92

Development Management documents Core strategy London Plan NPPF

Answer 93

This Development Management Document, (DMD) provides detailed criteria and standard based policies by which planning applications will be determined and will be a key vehicle in delivering the vision and objectives for Enfield as set out in the Core Strategy.

Answer 94

This Core Strategy sets out a spatial planning framework for the long term development of the Borough for the next 15 to 20 years. It is a strategic document providing the broad strategy for the scale and distribution of development and the provision of supporting infrastructure, ensuring that investment decisions are not made in isolation but are properly coordinated to ensure development is sustainable. I

Answer 95

restrict the development or use of the land in any specified way. require specified operations or activities to be carried out in, on, under or over the land require the land to be used in any specified way; or require a sum or sums to be paid to the authority (or, to the Greater London Authority) on a specified date or dates or periodically.

Answer 96

``` Planning Application Fees Supporting documents cover letter Detail condition to be discharged ```

Answer 97

Valuation of development property 1st edition, October 2019

Answer 98

The principles set out in this guidance note apply to all valuations of development property and should be read in conjunction with RICS Valuation – Global Standards 2017 (Red Book Global Standards) – incorporating the International Valuation Standards (IVS), in particular IVS 410

Answer 99

In the case of the valuation of development property, valuations are normally undertaken in two ways: • the market comparison approach and • the residual method.

Answer 100

The valuer should apply a minimum of two appropriate and recognised methods to valuing development property for each valuation project …

Answer 101

A situation where a bid from a special purchaser has been made, or can be reasonably anticipated A situation where the interest being valued cannot be offered freely and openly in the market A past change in the physical aspects of the property or asset where the valuer has to assume those changes have not taken place. An impending change in the physical aspects of the property, such as a new building to be constructed or an existing building to be refurbished or demolished an anticipated change in the mode of occupation or trade at the property. The treatment of alterations and improvements carried out under the terms of a lease. The property may be affected by environmental factors, including natural (such as flooding), non-natural (such as contamination) or existing use issues (such as a non-conforming user). Vacant possession Adjoining land agreement and vehicular access In compliance with planning application Purchasers costs

Answer 102

One is attached to the planning permission The other is required as part of a legal obligation

Answer 103

A unilateral undertaking like a S.106 agreement is a legal deed where developers covenant to perform planning obligations however unlike S.106 agreements they don’t have to be entered into by the local authority. A unilateral undertaking comes into effect when planning permission to which they are linked is granted.

Answer 104

Where financial contributions are known at an early stage and the package of planning obligations is relatively straight forward, namely involving commuted payments for affordable housing (for 1-9 unit schemes), or permit free obligations, applicants are encouraged to submit a unilateral undertaking with their application. The intention is that the unilateral undertaking can be included with the suite of documents associated with the planning application. While S.106 agreements are often prepared following Planning Applications Committee (PAC) the draft form of unilateral undertaking can usually be agreed prior to PAC (the heads of terms may need to be changed following PAC decision on the application) thereby avoiding delays in getting a final decision. Unilateral undertakings will not usually be appropriate for major applications including applications for 10 or more new dwellings.

Answer 105

As part of the planning process, the Council and a developer seeking planning permission may enter into a legal agreement that will set out the terms for the developer to provide or fund the provision of infrastructure, services, or other impact mitigation measures or planning controls on or off the development site. This agreement is referred to as a “Section 106 Agreement or Planning Obligation”.

Answer 106

The ‘pooling’ mechanism was introduced to encourage the adoption of CIL by local authorities, by restricting the number of contributions from section 106 agreements to just 5 per infrastructure project or type. However, it has been seen to be a barrier to development, because some applications were refused when the limit on the number of pooled contributions had already been met. With the removal of this requirement, local planning authorities will again be permitted to collect more than five contributions to fund the same infrastructure, by using s.106 planning agreements. Whilst this sounds like developers will be at risk of paying for the same infrastructure twice (through both s.106 obligations and CIL), it is important to note that the tests in Regulation 122 will continue to apply, and so the s.106 agreement will still need to be (a) necessary to make the development acceptable in planning terms, (b) directly related to the development, and (c) fairly and reasonably related in scale and kind to the development.

Answer 107

1. Removal of pooling restrictions 2. Limits on monitoring fees 3, clarification on how to calculate increase in floor area after CIL.

Answer 108

If the liability increases because of changes to floorspace that new floorspace will be charged at the latest indexed rate - the rest will be charged at the rate in place when the original development was first permitted;

Answer 109

an item of additional material added

Answer 110

Grade I buildings are of exceptional interest, only 2.5% of listed buildings are Grade I Grade II* buildings are particularly important buildings of more than special interest; 5.8% of listed buildings are Grade II* Grade II buildings are of special interest; 91.7% of all listed buildings are in this class and it is the most likely grade of listing for a home owner.

Answer 111

A scheduled monument is an historic building or site that is included in the Schedule of Monuments kept by the Secretary of State for Digital, Culture, Media and Sport. The regime is set out in the Ancient Monuments and Archaeological Areas Act 1979 (1).

Answer 112

Fees will be refunded if application is not determined within 26 weeks

Planning Flashcards

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