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Flashcards in OTHER Deck (17)
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1
Q

What is the key Planning legislation?

A

National Planning Policy Framework
Localism Act 2011
Town and Country Planning Act 1990

2
Q

What is the NPPF?

A

Last revised in 2019
Provides a national framework that local authorities then prepare their Local Plans in line with.
Key policies in 2018 edition include:
- Speeding up planning process and making it more simple
- Increased housebuilding of a higher quality
- Encourage Build to Rent and affordable housing
- A review on land banking by putting pressure on developers

3
Q

What is the definition of development?

A

It is set out in the Town and Country Planning Act 1990
The carrying out of building, engineering, mining or other operations in, on, over or under land – or the material change of any use.

4
Q

What do you need to include in a planning application?

A
Application form
Fee payment
Location plan @ 1:1250 or 1:2500
Site plan @ 1:200 or 1:500
Drawings @ 1:50 or 1:100 
Design and Access statement
EIA
Draft travel plan
5
Q

What are typical planning application timescales? Where does it vary?

A

Determination: 8 weeks from validation
Varies: extended to 13 weeks for major applications and 16 weeks if the application includes an EIA
Have 3 years to implement once granted.

6
Q

What are CIL and S106? What are the differences?

A

CIL - Set tariffs per sqm pooled for wider LA infrastructure. Charging schedule on LA website. Cannot be used to secure affordable housing. Only charged on net increase in GIA sqft.
S106 - section in the Town and Country Planning Act 1990).) Set out in a legally binding agreement that is negotiated on a site-by-site basis. Must be in direct relation to the development and its immediate area. Can be used to secure affordable housing.

7
Q

In what scenario is a planning consent always required for change of use?

A

If the current use is ‘sui generis’ and if there is an Article 4 Direction

8
Q

What is the Infrastructure Act 2015?

A

Makes it easier to convert empty or redundant buildings to productive use, particularly new homes.
Enables surplus public sector land to be sold more quickly by reducing red tape.

9
Q

What is the Housing a Planning Act 2016?

A

Aims to increase the construction of starter homes.

10
Q

Neighbourhood Planning Act 2017?

A

Aims to strengthen neighbourhood planning and speed up with planning process to enable more houses to be built.

11
Q

What is a License?

A

A legal right to something, where the party has no interest in the property e.g. a Right to Parking

12
Q

What are the 4 requirements of a lease?

A
  1. Exclusive occupation
  2. Payment of rent
  3. A specified term
  4. If term more than 3 years – terms must be in writing and registered as a Deed
13
Q

What is the 1954 Landlord and Tenant Act?

A
  • Regulates the relationship between landlord and tenant
  • Gives security of tenure to a tenant, continuation of tenancy even when the contractual term ends (s.24)
  • Gives the tenant the right to apply for the grant of a new lease.
14
Q

Why might you contract out of the 54 Act?

A

Landlord doesn’t want tenant to have security of tenure / right to renew
Tenant must sign a declaration stating they understand the implications of contracting out

15
Q

What are the notices under the 1954 Act?

A

s. 24 – tenancy will continue unless LL or T serves notice
s. 25 – termination by the LL
s. 26 - T request new tenancy
s. 27 - termination by the T
s. 25 and s.26 are mutually exclusive – cannot be served if the other has already been.

16
Q

What are the grounds for opposing a new lease/lease renewal in the 1954 Act?

A

Under s.30: fault-based and non-fault based.

  • Tenant breach of contract
  • Failure to pay rent
  • Failure to maintain
  • Redevelopment taking place
  • LL intends to owner-occupy.
17
Q

What guidance is there on Service Charges?

A

RICS Service charges in commercial property 2018, Effective from April 2019
New RICS Professional Statement published in 2018.
Contains mandatory requirements, core principles and best practice.