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33 Cards in this Set
- Front
- Back
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What are the four main Government initiatives for the reformed planning system? |
1) Sustainable Development 2) A simple system 3) Decisions at lowest level - i.e. involving local people 4) Ensure protections are in place to 'Conserve, enhance and protect the natural and built environment. |
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Name the three tiers of local government in England? |
1) County Councils 2) District, Borough, or city councils 3) Parish or town councils |
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Who are the key people in decision making in the planning system? |
1) Councillors 2) Officers 3) Planning Inspectorate 4) Sec of State for DCLG |
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What is the role of a councillor? *2 Key Points |
- 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 |
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What is the role of an officer? *3 Key Points |
- 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 |
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What is the role of Secretary of State for Communities and Local Government? |
- Overseas the planning system as a whole - Has a direct role in decisions concerning - Appeals system - Call-in process - NSIP's |
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What is the role of the planning inspectorate? |
- An executive agency of the Department for 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 |
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What is an 'Executive Agency'? |
- Executive agencies are "machinery of government" devices distinct both from non-ministerial government departments and non-departmental public bodies, each of which enjoy a legal and constitutional separation from ministerial control |
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What does the NPPF do? |
- 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 |
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What is the procedure in making a decision on a 'Nationally Significant Infrastructure Project'? *3 Key Steps |
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 |
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What was abolished during the planning reform and which Act was the driver behind this? |
- Regional Planning Strategies were abolished because it was realised the planning decisions should be made at a more local level - The Localism Act 2011 was the driver |
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What is meant by 'Duty To Cooperate'? |
- Many planning issues cross administrative boundaries and therefore it is important, to demonstrate sustainable development, that LPA's and other public bodies demonstrate a 'Duty to Cooperate. - Should be demonstrated, and will be examined, in their local plan |
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What does a Local Plan do? |
- They address the needs and opportunities in relation to housing, local economy, community facilities and infrastructure - Safeguard the environment and plan for adaption of climate change - High quality design - It provides a degree of certainty for communities, businesses and investors - Provides a framework for guiding planning applications and decisions |
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Who produces a local plan? |
- it is lead by the Local Authority - It however has significant input from local communities, developers, landowners and other interested parties |
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What are the four elements of soundness of the NPPF? |
- Positively Prepared - Justified - Effective - Consistent with national policy |
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How many years of housing specific deliverable sites should a Local Plan demonstrate? |
- 5 years and should be amended annually |
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Which jurisdictions does the Localism Act cover? |
- It is an Act of parliament that gives more power to local Governments. - It's purpose is to facilitate the devolution of powers from central government to local government |
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Is a local plan statutory? |
Yes |
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In neighbourhood planning what can a community do? |
1) Can prepare plans with real legal weight 2) Gran planning permission for development they wish to see through an NDO (Neighbourhood Development Order) |
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What introduced neighbourhood planning? |
The Localism Act 2011 |
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What is the process a neighbourhood plan goes through? |
1) Subject to an independent examination 2) Vote by local community in a referendum |
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What is section 106 agreement? |
- 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 |
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Give some examples of where a section 106 agreement might be used? |
- A requirement for development to include affordable housing - Compensation for loss of open space - Contribution to additional infrastructure to serve the development |
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How, in planning terms, can a community benefit from the current planning system? *2 Key ways |
- Through Section 160 agreements - Through the Community Infrastructure Levy |
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What is the community infrastructure levy? |
- It is a charge which new developments pay based on size and type - The money is then poured directly back into the community the development directly affects - LPA's can set different rates - A LPA will produce a charging schedule - It is often developed alongside a Local Plan - The schedule will be examined |
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How long does a Local Authority have, generally, to make a planning decision? |
- Eight weeks for minor projects such as house holder applications - 13 weeks for major development such as housing/business sites |
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If planning permission is granted, is the application valid indefinitely? |
No, generally, if development has not begun within three years an applicant would need to apply again. |
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What is a covenant, also known as restrictive covenant? |
- From a developer/designers point of view it is negative - It is imposed by a seller of a piece of land that prevents the buyer from developing it in way which might cause harm to land the seller has retained |
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It is possible to remove a covenant, how would you go about doing this? |
- Through the Upper Tribunal - Discharged under the 'Law of Property Act 1925' |
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What is the Upper Tribunal? |
- The upper tribunal is part of the administrative justice system. It deals with governmental, and executive agency activity |
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Why would a planning inspectorate be involved in the appeals process? |
- If a local authority - refuses a planning application, or - grants it with conditions, or - fails to respond within statutory time limits the applicant has a right to appeal to the secretary of state - The secretary of state will appoint an independent inspector |
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What is the Primary planning legislation in England? *There are seven of them, one of them amends sections of five of the other acts. |
1) Growth and Infrastructure Act 2013 2) Localism Act 2011 (Which amends sections of the following acts) 3) The Town and Country (EIA) regulations 2011 4) Planning & Compulsory Purchase Act 2004 5) Planning & Compensation Act 1991 6) Town & Country Planning Act 1990 7) Planning (Listed Buildings and Conservation Areas) Act 1990 |
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What are the 5 main Central Government Departments? |
1) D. of Communities and Local Government 3) D. of Environment and Local Government 3) D. of Transport 4) D. of Culture, Media & Sports 5) D. of Energy and Climate Change |
