01_Planning

Negotiating planning

Question 01a.

 

List Site Specific Factor Summary

 

Due to these site-specific factors, there are many legislative issues associated with Development, Heritage and Preservation, environmental protection and sustainability that will need to be considered.

 

Firstly, we must consider the implications of the Town and Country Planning Act 1990, on local planning policy.

 

Consideration of National Planning Policy Framework

·         One of its primary objectives is to encourage sustainable economic growth, making development easier.  Considering the proposal looks to develop the site which ………… in theory this type of development would be supported in the local plan.

 

Consideration of the Local Plan

·         The Local Plan is guided by the NPPF 2012 and is being rolled out to replace the LDF.  It establishes the specific planning policies in this area.

·         This might give us guidance to the LA’s attitude to development and may….. insert project specifics

Consultation with Local Planning Authority (LPA)

·         We must ascertain the “use class “ of the current site and determine if a change of use exists

·         Desktop research and pre-application advice from LPA to understand planning history of site and attitude to development

·         Understanding of impact development may have on neighbours. Planning consultant required

·         Public / community interest – major project? Public consultation

 

Awareness of Conservation Area and Listed Buildings requirements

·         Insert scenario information

·         Listed Building/Conservation Area Consent is required under the Planning (Listed Buildings and Conservation Areas) Act 1990. 

Highways Act 1980

·         Changes to the access to the site……

·         A civil engineer will need to be engaged, and consultation with the highways authority to establish new access to the site if needed.

Health and Safety at works Act 1974 and CDM Regulations

·         The site is directly adjacent to …….(insert text)

·         Contamination/ utility surveys undertaken at early stage to full understanding of any potential health and safety issues.

·         A requirement of CDM 2007 Regulations that a CDM Co-ordinator is appointed to carry out risk assessment of the site prior to any soil surveys for contamination.  

Environmental Issues impacting the site

·         Consult the Environment Agency for relevant surveys of flood risk.  Relevant legislation is PPS25 + Flood and Water Management Act 2010

·         Flood risk assessment – insurance/planning issue

·         Area of Outstanding natural beauty + Green Belts National Part and Access to Country Side Act

·         Environmental Protection Act – Bats etc

·         Area of Special Scientific Interest – Ancient and Monuments and Archaeological Areas Act 1979

·         Sustainable Waste Management PPS 10

 

Optional: Land Law and Party Walls (Party Wall Act 1996)

·         Insert Text about scenario

·         Investigation of title deeds to establish boundaries, easements, rights of way and restrictive covenants

·         Important to establish boundaries to mitigate against the risk of disputes from neighbours

 

Optional: Building Regulations – Building Act 1984

·         A full building Regulations application will be required under The Building Act 1984 and the Regulatory Reform Order 2005 regarding fire regulations.

 

 

 

Impact on timing of project:

Public Consultation

·         Insert project specifics

·         We anticipate a high level of community interest in this development

·         Recommend engagement with planning consultant to help identify areas of the scheme that might be contentious and help with liaising with the LPA and through the public consultation period to gain local body buy in and feedback, reducing the risk of issues down the line.

 

Conservation Consultant

 

·         If conservation consent is require this will have a huge impact on the potential development of the site.

·         Early consultation from English Heritage, conservation officer would be highly recommended.

Access Consultant

·         As the current building appears to be accessed …….(insert text) new access may need to be defined and integrated into the existing traffic infrastructure.

·         Consultation with an Access Consultant recommended to develop a Design and Access statement (DAS), needed to be produced to accompany the consent application.

Consultation with Utilities companies

·         May require negotiation and formal agreement with utility companies for alterations to the existing electrical substation which is potential time risk to progress. 

Detailed Planning Application

 

·         If change of use, it must be a full application

·         8 weeks typically – 13 weeks if considered a major project

·         16 weeks if there is an environmental statement

·         valid for 3 years

Refer Ed notes for diagram

 

 

 

 

Possible Questions 01 B

 

Outline Planning Application

 

·         Outline planning applications can be used to find out whether a proposed development is likely to be approved by the planning authority, before substantial costs are incurred developing a detailed design. Outline planning applications allow the submission of outline proposals, the details of which may be agreed as 'reserved matters' applications at a later stage.

As a minimum outline, planning applications should include information on:

·         The uses proposed for the development and any distinct development zones.

·         The amount of development proposed for each use.

·         The indicative layout.

·         An indication of the minimum and maximum height, width and length of proposed buildings.

·         Areas in which access points to the site will be located.

·         For most applications – Design and Access Statement

Reserved Matters

·         Appearance

·         Means of Access

·         Landscaping

·         Layout

·         Scale

Detailed Planning Application

 

·         If change of use, it must be a full application

·         8 weeks typically – 13 weeks if considered a major project

·         16 weeks if there is a environmental statement

·         valid for 3 years

Refer Ed notes for diagram

 

 

An explanation of what information would be required for the planning application and the timeframe for the planning approval.

 

·         Considering the above UK legislation requirements and their potential effect on the scheme considerable time must be allowed for the process of consultation and formal application to gain planning approval for your proposed development. 

·         Time must be allowed for the following steps before the planning application can be submitted.

 

·         Preliminary investigation and pre-application advice

·         Public Consultation

·         Preparation of the planning application

·         Processing the application.  For a standard planning application this timeframe for a decision is 8 weeks.  If the LA considers this a major project the timeframe planning application decision increases to 13 weeks.

·         Application for Listed Building Consent if required. (Can be applied concurrently with planning)

 

·         Pre-application advice could inform us whether Section 106 agreements will be required.  This will involve considerable negotiation over the social better provisions that the local authority will require as a result of approving the proposal, and the CIL will also be relevant.

 

·         The planning consent may also be approved with conditions that will need to be discharged before building works can begin.

 

·         Negotiations with the utility companies, if carried out promptly, may run concurrently and not affect the overall

 

·         If the planning application is refused an appeal can be made or a revised application can be submitted within 12 months at no extra change.  There are 3 methods to appeal – written submission, informal hearing or public enquiry and can take between 3-6 months from the time the appeal is made.

 

 

Pre Application Advice / Planning History

The size of the project along with the anticipated public interest associated with proposed development will mean that the planning application process must be carefully managed and factored into the overall project programme.  The Client has already engaged with the local Council in preliminary discussions but it would be wise to follow this up with further pre-application advice from the Local Planning Authority.   Preparation of specialist reports.

 

Public Consultation

The site is adjacent to a large residential area and open park space.  Therefore, time must be set aside to address possible local concerns regarding change of use, increased traffic volume, noise associated with the development of a football stadium.  These issues could be raised and address through public consultation. 

 

Planning Application

Time must also be allowed for the development of the design and preparing of the planning application.   Although the normal planning approval process should take 8 weeks, it is expected that this project would be considered a Major project, requiring a longer approval process of 13 weeks should also be factored into the project schedule. 

 

Section 106 Agreement Negotiation

As the project is significant, and the local council has already indicated that they may have some requirements for additional public open space, it is likely that a Section 106 Agreement (TCPA 1990) will also be required.  This will involve considerable negotiation over the social betterment provisions that the local authority will require as a result of approving the proposal and the Community Infrastructure Levy will also be relevant

 

Planning Application Refusal / Appeal

 

Because of the large and complex nature of the development it hard to put a defined time on this process and the possibility that the application will be approved with conditions that need to be discharged or the application is rejected (requiring appeal or resubmission) will need to be factored into the overall project schedule. 

 

 

Information Required for Planning

·         Covering letter

·         Application Fee

·         Agricultural / Ownership Certificates

·         Drawings including Site Plan

·         Design and Access Statement

·         Supporting statements ie. Transport assessment, retail impact assessment Environmental Impact Assessment

 

Information Required for Listed Building Consent

·         Drawings

·         Details may also be required

·         Survey

·         Heritage Statement

·         No fee required

·         Refer to the LA requirements

 

Building notice

·         On small projects, or when changes are made to an existing building, approval may be sought by giving a 'building notice'. In this case, a building inspector will approve the works as they are carried out by a process of inspection.

·         A building notice application can be made with a simple application form, a site plan (if an extension is involved) and the appropriate fee (calculations may also be required for certain aspects depending on the complexity of the project). This means that work can begin very quickly, and need not necessarily involve design consultants.

·         However, a building notice application leaves the client at risk that completed works might not be approved, resulting in remedial costs.

 

Full plans submission

·         Generally on larger, new-build projects, a 'full plans' application will be made, meaning that full details of the proposed building works are submitted for approval before the works are carried out.

·         Full plans approvals are also subject to inspection during the course of the works, but as long as the work is carried out in accordance with the approved design, the risk of problems is very much lower than for a building notice application.