Planning Basics

Question 1

What is full planning permission?

Answer 1

Full planning applications can be made when all the details are known and the development is already considered viable.

Question 2

What is on the deliverables list for full planning permission?

Answer 2

Site area
Current and past use of the development site
Flood risk assessment
Access report
The materials which are to be used
Information concerning waste storage and collection
Foul sewage report
Employment and hours of opening
Past and proposed industrial uses

For large housing developments this may be an Affordable housing statement, Environmental statement or Site waste management statement.

Question 3

How long does it take to determine a full planning application

Answer 3

A decision on an application should be made within 8 weeks. This begins when the Local Planning Authority accepts the application as valid. On major developments this may take 13 weeks

Question 4

What is outline planning permission?

Answer 4

Outline planning applications are used to gain an understanding as to whether the nature of a development is acceptable, this can help ensure viability up front. Specific details known as ‘reserved matters’ can then be confirmed later.

Question 5

What are reserved matters?

Answer 5

Landscaping - the improvement or protection of the amenities of the site and the area and the surrounding area, this could include planting trees or hedges as a screen

Appearance - aspects of a building or place which affect the way it looks, including the exterior of the development

Layout - includes buildings, routes and open spaces within the development and the way they are laid out in relations to buildings and spaces outside the development

Access - covers accessibility for all routes to and within the site, as well as the way they link up to other roads and pathways outside the site

Scale - includes information on the size of the development, including the height, width and length of each proposed building

Question 6

What is the cost of outline planning permission

Answer 6

An application for outline planning permission will cost £462 per 0.1 hectares for sites of up to 2.5 hectares.

Any site exceeding 2.5 hectares will cost up to £150,000.

Question 7

How long does it take to determine an outline application

Answer 7

Outline planning permission should be granted within 8 weeks. This begins when the Local Planning Authority validate the application. For larger developments this may take up to 13 weeks.

Question 8

Can you begin development with outline planning consent?

Answer 8

No - outline planning permission does not act as consent for development to begin.

Question 9

How long do you have to submit reserved matters?

Answer 9

Once outline planning permission has been granted, a ’reserved matters’ application must be made within three years of the consent

Question 10

How long do you have to begin works on an outline consent?

Answer 10

Development must commence within two years from the latest reserved matters approval.

Question 11

What is the cost of reserved matters applications?

Answer 11

A cost is applied of £462 per house, up to 50 houses.

Total cost cannot exceed £300,000

Question 12

What is listed building consent

Answer 12

Planning (Listed Building and Conservation Areas) Act 1990

An application for listed building consent should be submitted for all applications requiring alteration, extension, or demolition to a listed building.

Question 13

What are the types of listing?

Answer 13

Listed buildings are classified into grades as follows:

• Grade I - buildings of exceptional interest
• Grade II* - particularly important and more than special interest
• Grade II - buildings of special interest

Question 14

How much is the cost of a listed building consent

Answer 14

There is no fee

Question 15

How long does it take for LBC to be consented

Answer 15

Listed building consent should be granted within 8 weeks. This begins when the Local Planning Authority validates the application. This includes a 21-day consultation period where neighbours and interested parties can comment on the proposal.

Question 16

What should be included in a Listed Building Application

Answer 16

site plan, location plan, design and access statement and heritage assessment

Question 17

What is a Lawful Development Certificate

Answer 17

An application to establish whether

• An existing use of land is lawful.
• A proposed use of buildings or other land would be lawful.

Question 18

What are the time limits for LDC?

Answer 18

The time limits are:

• Four years for the change of use of a building, or part of a building, to use as a single dwelling house. Enforcement action can no longer be taken once the unauthorised use has continued for four years without any enforcement action being taken.
• Ten years for all other development. The ten year period runs from the date the breach of planning control was committed.

Once these time limits have passed, the development becomes lawful, in terms of planning.

Question 19

What are the costs of LDC applications?

Answer 19

• Existing use or operation – same as Full planning permission
• Existing use or operation: lawful not to comply with any condition or limitation £234
• Proposed use or operation – Half the normal planning fee

Question 20

What evidence must be submitted for a LDC?

Answer 20

• Whether the application relates to:
  
  • A use
  • A building operation
  • A condition not complied with
• The date that the use (or breach of condition) started, or the date on which the building was substantially complete
• Any use class the applicant considers to be applicable
• In the case of a breach of condition, details of the relevant application
• The reasons the applicant believes they are entitled to an LDC
• A plan identifying the land
• A certificate as to the applicant’s interest (ownership, tenancy etc) in the land and any interest of any other person
• Any other information you deem relevant

Question 21

How long are the timescales for achieving a LDC?

Answer 21

Should be decided within 8 weeks. This starts once the application has been validated by the Local Planning Authority.

Question 22

What happens if the lawful development certificate is refused?

Answer 22

Need to apply for full planning permission

Question 23

What is Prior Approval?

Answer 23

Prior approval is where you submit all details necessary for the Local Authority to determine a PD proposal complies with permitted development legislation, and if its prior approval will be required and/or should be granted

Question 24

What is Permitted Development

Answer 24

Certain types of development are granted planning permission by national legislation without the need to submit a planning application.

Question 25

How long do councils have to determine prior approvals?

Answer 25

8-week period from when the application is received.

Question 26

What happens if a local authority does not determine prior approval application

Answer 26

If after 8 weeks the council has failed to make a decision, the prior approval will be 'deemed consent'

Question 27

What is the fee for a prior approval?

Answer 27

basic fee for most is £96

Question 28

Why do councils need to give their prior approval on permitted development?

Answer 28

Allows Local Planning Authority to consider the proposals, their likely impacts in regard to certain specific factors (e.g. transport and highways) and how these may be mitigated.

Question 29

What is Class MA

Answer 29

PDR for Class E to Class C3

Question 30

What are the conditions attached to class MA

Answer 30

* Must have been vacant for a continuous period of 3 months prior to the date of the application * Must have been in class E use for a continuous period of 2 years prior to the date for prior approval * Cumulative floorspace of the building cannot exceed 1,500 sqm.

Question 31

What is an enforcement notice?

Answer 31

Issued by the council when there has been a breach of planning control. States what the breach is and the steps to remedy the breach.

Question 32

What is a section 73 application?

Answer 32

An application to request to remove or vary a condition

Question 33

What is the fee for a s73 application

Answer 33

£234

Question 34

What is a s96a application?

Answer 34

This is a non-material amendment - which allows a minor change to the planning permission

Question 35

What is the difference between an NMA and a MMA

Answer 35

Non - Material amendment (s96a) – changing wording Minor amendments (s73)– make small amendments to planning permission.

Question 36

When is a development GLA refferable?

Answer 36

* Over 150 units * Over 30m in height * If it is in Green Belt or MOL land

Question 36

When is a development GLA refferable?

Answer 36

* Over 150 units * Over 30m in height * If it is in Green Belt or MOL land

Question 37

What are the stages of GLA reports?

Answer 37

Stage 1 - GLA calls an application in and has 6 weeks to assess it and direct the council to grant or refuse Stage 2 - GLA then grants or refuses if they don't agree with the LPA Stage 3 - Mayor is to be the LPA

Question 38

What material considerations may be considered in deciding a planning application?

Answer 38

NPPF, PPG, London Plan, Local Plan - everything except loss of view and value

Question 39

What is included within a planning application?

Answer 39

Application form Application fee Ownership Certificate Agricultural Holding Certificate Location Plan Site Plan Floor Plans

Question 40

What is included in an LDC application?

Answer 40

* Covering Letter * Site Plan * Certificate of Lawfulness (Existing) * Certificate of Lawfulness (Existing) Site Plan * Existing Ground Floor Plan * Proposed Ground Floor Plan * Evidence of existing lawful use.

Question 41

Who is consulted in planning applications?

Answer 41

Statutory consultees (Highways, Thames Water, TfL) Public consultation 21 days

Question 42

How does the NPPF ensure sustainable development?

Answer 42

Golden thread that runs through the NPPF - presumption in favour of sustainable development. NPPF ensures that development is directed to sustainable places.

Question 43

Key changes to the new london plan?

Answer 43

1. Room heights in new developments must now be 2.5m. 2. All developments in the CAZ, Inner London Opportunity Areas, Metropolitan and Major Town Centres, all areas of PTAL 5-6 and Inner London PTAL 4 must be car-free. 3. Threshold approach for Affordable Housing

Question 44

What is the purpose of the Localism Act

Answer 44

To give more autonomy to communities at a local level.

Question 45

What is the community right to buy scheme

Answer 45

Allows communities right to buy assets of community value

Question 46

How can appeals be made

Answer 46

Written statement informal hearing planning enquiry called in by the secretary of state

Question 47

How long do you have to make an appeal?

Answer 47

6 months

Question 48

What are the time limits for enforcement of a planning breach

Answer 48

4 years for change of use to a single dwelling or operational use 10 years for everything else

Question 49

What is a stop notice?

Answer 49

Can only operate with an enforcement notice - requres works on site to stop. £20,000 fine

Question 50

What is required in prior approval applications?

Answer 50

Highways, flooding, contamination risk report, noise impact and daylight sunlight.

Question 51

What are some new PD rights?

Answer 51

Class A extensions = Upwards extensions on blocks of flats and mixed use buildings have to have been built between 1948 and 2018. Allowed 2 additional storeys, cannot increase the height by more than 7 metres and cannot have a total overall height of more than 30m. Class MA - conversion of class E to C3, must be less than 1,500sqm and have been vacant for 3 months prior to application. Must have been in E class use for 2 continuous years prior to vacancy.

Question 52

What is a TPO

Answer 52

Protects trees. £20,000 fine for a breach

Question 53

Flood Zone 3 planning restrictions?

Answer 53

cannot build resi at GF

Question 54

Can you put up a for sale sign in a conservation area?

Answer 54

You need planning permissio

Question 55

What would happen if you commenced works prior to discharging conditions

Answer 55

It may invalidate the planning consent. Staring work on site without complying with the pre-commencement conditions may make a consent null and void.

Question 56

What do the Community Infrastructure Levy (Amendment) Regulations 2019 require?

Answer 56

That LPAs produce an annual report outlining how much money has been collected from s106 and CIL payments and what the money has been used on.

Question 57

What do you submit with a planning application

Answer 57

* application form * application fee * ownership certificate * agricultural holding certificate * Location plan/ site plan/ drawings * DAS

Question 58

What else may be needed when submitting a planning app

Answer 58

* Flood risk * Heritage statement * Tree survey * Ecological assessment * planning statement * Highways assessment

Question 59

What are the key points of the TCPA 1990

Answer 59

s73 - MMA to vary or remove a condition s96a - NMA to a planning application s106 - Legal agreement related to site specific impact only