Planning - Practical Aspects of Negotiating the Planning Jungle

INTRODUCTION
• Where does planning fit into the development process?
• The key players
• The roles of Government, Planning Authority, developers, advisors, statutory consultees
• Third parties / objectors

REGULATORY BACKGROUND
• Key planning legislation; The Planning Acts; Use Classes Order; General Permitted; Development Management Procedure Order
• Listed Buildings, Conservation Areas and protected trees rules
• Environmental Impact Assessment rules
• Major Infrastructure procedures

THE PLANNING SYSTEM
• The statutory duties of the Planning Authority
• The two ‘strands’ of local planning:
• Spatial Planning overview; The Development Plan / Local Development Frameworks; Other guidance (SPG / SPDs / design guides etc); Development Management overview
• The ‘front end’ of planning

PLANNING APPLICATIONS
• When and where to seek advice
• Which of the 30+ types to submit (full vs. outline; change of use; variation of condition; reserved matters etc)
• Validation of applications; Mandatory requirements; Additional local requirements; Other key information (Surveys / Plans, Planning Statements, Design & Access Statements, Transport Assessment and Environmental Impact Assessment); Who to serve notice on / how / when
• When to negotiate
• Procedures (pre-application consultation and associated charges; other consultations; submission; meetings; planning committee / delegated decision; timescales)
• Application fees
• Section 106 agreements and unilateral undertakings (scope; cost; procedure; timescales)
• Planning conditions
• Whether / when / who to lobby and general publicity issues
• Called-in applications
• Judicial Review
• Case studies

OTHER IMPORTANT FACTORS (Material Considerations)
• How to deal with these factors in the planning process: Protected habitats and species; Heritage assets (Listed Buildings, Conservation Areas and archaeological sites); Protected trees; Amenity (noise, visual, vibration); Landscape ; Contamination; Traffic and transport; Sustainable construction; Sustainable drainage and the Flood & Water Management Act 2010; Other material considerations

PERMITTED DEVELOPMENT RIGHTS
• The national picture
• Commercial, Institutional and Residential development
• Changes of use and the Use Classes Order
• Case studies

PLANNING APPEALS
• Deciding whether to appeal; The right type of appeal (written representations; informal hearing; public Inquiry)
• The cost of making an appeal; Timescales; Recovered appeals; When to involve Counsel; Cost awards; Legal challenges; Case studies

PLANNING ENFORCEMENT
• What is enforcement?; Who can enforce?
• Type of enforcement measure (Enforcement Notice; Breach of Condition; Injunction etc)
• What rights do the landowner / developer have?
• Timescales / costs / outcomes

GETTING IT RIGHT; GETTING IT WRONG
• Lessons learned
• Saving clients’ time / expense
• What’s the worst that can happen?