1. a) refer to the legislation, appropriate available relevant information and various organisations that you would consult with (12 marks); and
2. b) evaluate the likely effect that relevant statutory procedures will have on the early stages of the development programme (8 marks).

(20 marks in total)

TOWN AND COUNTRY PLANNING

Reference points:

Local Plan – What possible things within the Local Plan are relevant to the site? Possible regeneration area, any article 4 directions, other specific land designations.

National Planning Policy Framework (NPPF) – This informs the local plan but elements of the NPPF that are relevant to the site and the project will need to be referenced in preparing planning application.

Planning History – Is there any relevant planning history of the site? Possible planning objections, neighbourhood associations to consult, relevant objections or other possible relevant information.

Consult:

• Desktop research looking at the local planning authority website

• Local authority development control
• Planning consultant
• Access consultant
• PR consultant

Section 106 Agreement(s) and Community Infrastructure Levy (CIL) – Most large planning applications will have to deal with levies or development mitigation. It is worth getting familiar with these two. A section 106 agreement [https://www.designingbuildings.co.uk/wiki/Section_106_consultation] is closely linked to negotiations with the council and is highly related to the site, use, size and needs of the neighbouring area. Sometimes this agreement can be in the form of a payment although it may be beneficial for the site to offer something back to the local community, if possible, like providing affordable housing, station entrance, primary school, health centre, communal park, etc.

The Community Infrastructure Levy (CIL) – [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy_CIL] is closely linked to the Section 106 Agreements which is why discussing these as early as possible with the Local Authority can help to shape a project and design. Cities such as London also have a Mayoral CIL on top of the Local Authority’s to possibly bear in mind.

Consult:

• Local authority – This may be via a traditional pre-application process [https://www.planningportal.co.uk/planning/planning-applications/how-to-apply/pre-application-advice] or even a Planning Performance Agreement (PPA) [https://www.designingbuildings.co.uk/wiki/Planning_performance_agreement#:~:text=Planning%20performance%20agreements%20are%20voluntary,to%20process%20a%20planning%20application.], this is where the applicant enters into an agreement with the Local Authority on a timeline of consultation with the Council and its officers. This can be a more expensive process but can shorten the length of time of a decision. It also encourages conversations with the council from the beginning with a shared vision for the site and iron out any costs such as CIL payments and relevant consultants needed.
• Planning consultant
• Specialist and legal advisors

CONSERVATION AREA AND LISTED BUILDING CONSENT

Reference points:

Local Plan

NPPF

Consult:

• Desktop research looking at the local planning authority website – This is used to see if the site is within a conservation area and listed building. Some buildings can also be locally listed. Whilst this means the building is not covered by the Listed Building and Conservation Areas Act 1990, it can mean that the Local Authority with require extra input from a specialist heritage consultant.
• Local authority conservation officer
• English Heritage
• Specialist heritage architect
• Planning consultant

SUSTAINABILITY

Reference points:

Land contamination – Could there be possible risk of contaminated land? If the site has historically been used for industrial purposes, even light industrial purposes, there can be a risk of land contamination and need for a further assessment.

Flood risk data – Is the site in a flood risk zone? This can include both surface water flooding as well as risk of flooding from rivers, sea or reservoirs. 

Transport studies – How will this development affect the existing transport network? For possible parking provision, refuse collection, deliveries and if there is any increase visit to site: also if many people are to visit the site in the proposal; how will people get there, are there sufficient public transport means, etc.

Ecology – Is there any potential for bats or other protected species to be on the site? If a site has been abandoned for a long time or in a rural area there may be possibility of protected species within the site. This will require further consultation and possible surveys at specific times of the year. It can be useful to do this as and when, rather than having to wait a further 9 months to get the right time of year.

Consult:

• Desktop research – Some local authorities will have specific information detailing if a site has contamination, or if it is a flood zone.
• Local Authority – The local authority will be able to give further information on what studies will need to be conducted by any specialist consultants to mitigate any risks to future users.
• Environment Agency – They will be able to give you further information as to the level of contamination, historic contamination to a site as well as the flood risk level to an area.
• Specialist consultant hydrologist
• Transport consultant

HEALTH AND SAFETY

Reference points:

CDM Regulations – This is relevant from the beginning of a project and the client should be advised of their duties as soon as possible.

Asbestos Regulations, etc.  – An asbestos survey and remediation many be required before any other surveys are conducted.

Consult:

• Local authority Environmental Health Department

• HSE
• CDM co-ordinator

HIGHWAYS

Reference points:

Local Plan

Central government guidelines

Consult:

• Local authority Highways Department
• Consultant civil engineer

ADJOINING OWNER’S RIGHTS, AND RIGHTS OF OTHERS OVER SITE

Reference points:

Land Registry data – Where title deeds for a site can be obtained.

Deeds to site – The title deeds of the site should give information to confirm boundaries and any possible covenants, easements, cautions, notices and therefore restrictions on the site.

Utility companies and other stakeholders – This may be relevant if there are any public sewers, overhead cables or substations on or crossing the site. They may require extra exploration and agreements such as build-over applications.

Context

Consult:

• Client solicitor

• Utility companies
• Specialist surveyor: rights to light – Are there many neighbouring properties that could be affected by reduction in light to existing windows by the development? Further studies and modelling may be required.

• CDM
• Title deeds

• Pre-application advice
• Planning Performance Agreement (PPA) to ascertain a more certain time frame
• Public Consultation
• Putting together a design team base on part a of the question or pre-application advice, if this has not been done prior to pre-application advice
• Preparation of specialist reports and surveys
• Application (including type of application and why): registration, public consultation, time for decision (varies)
• Decision
• Section 106 Agreement / Community Infrastructure Levy – time to negotiate and agree this as well as integrate any possible design changes could lengthen planning any application.
• Planning permission: ‘reserved matters’ to be addressed or ‘conditions’ to be met
• Refusal: appeal (but note the question does not expect you to give full details of
• appeal procedures)

LISTED BUILDING / CONSERVATION AREA CONSENT

This will run in parallel to the above planning programme.

• More time possibly required if the Conservation Officer or English Heritage and comments, changes, further requests for information.

SUSTAINABILITY

This will run in parallel to the above planning programme.

• More time possibly required for consultants to comment, make changes, provide further information and further studies to the Planning Officers in relations to, Land contamination, Flood risk, Transport, or Ecology.

OTHER

This will run in parallel to the above planning programme.

• Time will be required for surveys and incorporating any findings into the design.
• Possible unforeseen risks – such as extra a survey discovering extreme contamination that will need longer to remediate.

• Whilst this does not affect the early stages of the planning process, it can affect the design and timeline of a project.
• Separate consultation and negotiation with each adjoining owner affected by the works will take.