MIKE SIBTHORP PLANNING
MIKE SIBTHORP PLANNING
Note on Glossary
This glossary is intended to explain a number of key planning terms and to direct you to the relevant main site pages.
The definitions and explanations are not a complete or definitive legal interpretation of the term.
The following is a summary explanation of key planning terms and details of additional services we provide, with links to main site pages. The list is advisory and intended as a prelininary guide to your query.
In planning terms, affordable housing generally refers to housing provided either as part of a market housing scheme or as an exception to normal planning policy. Social rented housing is rented housing owned and managed by local authorities and registered social landlords. It may also include rented housing owned or managed by other persons and provided under equivalent rental arrangements.Intermediate affordable housing is housing at prices and rents above those of social rent but below market price or rent. These can include shared equity (eg HomeBuy) and other low cost homes for sale, and intermediate rent. Market housing schemes above a certain size will normally have to provide a certain proportion of affordable houisng. The threshold and proportion varies from authority to authority. Contact us for further advice.See also Rural Exception Sites. Contact us
In areas where the potential for archaeological remains may exist, a Council may require an archaeological assessment to accompany an application. The level of assessment required, which may include trial excavations, will vary according to the archaeological potential of the site. MSP are able to advise upon archaeological requirements, and can instruct archaeological contractors to undertake assessments on your behalf. Contact Us
Article 4 Direction
An Article 4 Direction is made by a local planning authority. It restricts the scope of permitted development rights either in relation to a particular area or site, or a particular type of development anywhere in the authority’s area. Where an Article 4 direction is in effect, a planning application may be required for development that would otherwise have been permitted development. Article 4 Directions are used to control works that could threaten the character of an area of acknowledged importance, such as a conservation area.
Breach of Condition Notice
A breach of condition notice requires its recipient to comply with the terms of a planning condition or conditions, specified by the local planning authority in the notice. Any recipient of a breach of condition notice will be in breach of the notice if, after the compliance period, any condition specified in it has not been complied with, and the steps specified have not been taken or the activities specified have not ceased. Non-compliance with a notice may lead to prosecution.
Building for Life Assessment
Building for Life (BFL) is a tool for assessing the design quality of homes and neighbourhoods in England. It was developed by the Commission for Architecture and the Built Environment (CABE), with partners the Home Builders Federation, the Civic Trust and Design for Homes.The Building for Life assessment methodology comprises 20 questions / criteria to assess the design quality of new housing developments, resulting in a numerical score (A later revision to the scheme reduced the criteria from 20 to 12). The criteria reflect the importance of functionality, attractiveness and sustainability in well-designed homes and neighbourhoods. The higher the score, the better the overall design quality of the scheme. Some funding bodies will require independently prepared BFL assessments. Some Council's require BFL assessments to accompany certain types of application. MSP routinely prepares BFL assessments for a wide range of clients nationwide. Contact us for further information.
Community Infrastrructure Levy
The Community Infrastructure Levy is a planning charge, introduced by the Planning Act 2008 as a tool for local authorities in England and Wales to help deliver infrastructure to support the development of their area. It came into force on 6 April 2010 through the Community Infrastructure Levy Regulations 2010. Development may be liable for a charge under the Community Infrastructure Levy (CIL), if your local planning authority has chosen to set a charge in its area.This is a complex area and practices and the amount of the levy vary between authorities.It is not in force in all areas. Contact us for further information.
Demolition Method Statement
A statement sometimes requested by a Council, when an application involves the demolition of existing buildings, and where the works may affect adjoining or nearby property. MSP are able to prepare Demolition Method Statements to accompany your planning application. Contact Us
Design & Access Statement
A Design and Access Statement (DAS) is a report accompanying and supporting a planning application. It provides a framework for applicants to explain how a proposed development is a suitable response to the site and its setting, and demonstrate that it can be adequately accessed by prospective users. Not all types of application require a DAS. MSP regularly prepare Design and Access Statements both to accompany applications submitted for our clients, but also for architects and surveyors making applications on behalf of their own clients. Contact us for further detals.Contact Us
Some applications will require the submission of an ecological assessment. This will assess the presence of protected or important species in or around the site, and the potential impact of the development upon them. Reports will normally be required for proposals affecting barns (eg. barn conversion proposals), proposals near water sources, or large scale projects. MSP can advise on ecological assessment issues and arrange for appropriate assessments to be undertaken on your behalf. Contact Us.
Some applications will require the submission of an ecological assessment. This will assess the presence of protected or important species in or around the site, and the potential impact of the development upon them. Reports will normally be required for proposals affecting barns (eg. barn conversion proposals), proposals near water sources, or large scale projects. MSP can advise on ecological assessment issues and arrange for appropriate assessments to be undertaken on your behalf. Contact Us
A notice served by a Council requiring that works or a use specified in the notice cease. The notice will specify steps that must be taken to remedy the breach of planning contriol.The notice will specify the time period within which the works must be undertaken. Failure to comply with a notice may result in prosecution and a fine, and potentially a custodial sentence. A daily fine amount may be imposed. If the steps are not carried out, the Council may enter the site, undertake the work themselves and recover their costs from you. There is a right of appeal against the service of an enforcement notice. It is sometimes possible as part of the appeal to seek permission to retain the works as carried out. There are also other grounds against which an enforcement notice may be appealled. See our Enforcement page.
Environmental Impact Assessment
A procedure to be followed for certain types of project (generally larger scale projects) to ensure that decisions are made in full knowledge of any likely significant effects on the environment. Typically, an Environmental Assessment will comprise a range of specialist reports encompassed in a single document, and covering those issues most pertinent to the development. Longer detrmination periods and different consultation requirements apply to applications requiring EIA.
Five-year housing supply
The National Planning Policy Framework requires that Councils must demonstrate that they have, at all times, a 5-years supply of deliverable housing land. If they are unable to do so, their housing polices are deemed to be out of date. In such circumstances, Council's are expected to grant planning permissions for residential development, unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits. MSP keeps Council housing land supply positions under review, and are able to advise on the merits of applications based upon an under-supply situation. Contact Us
Flood Risk Assessment
A flood risk assessment (FRA) is an assessment of the risk of flooding, particularly in relation to residential, commercial and industrial land uses. Large scale planning applications (generally over 1ha) and applications close to water sources or in Flood Risk Zones 2 or 3 must be accompanied by a flood risk asessment. This may also need to be accompanied by a sequenttial and exceptions test assessment. MSP are able to arrange for the preparation of flood risk assessments by associate water engineers, as part of the management of the submission of your application. Contact Us.
Flood Risk Assessment
A flood risk assessment (FRA) is an assessment of the risk of flooding, particularly in relation to residential, commercial and industrial land uses. Large scale planning applications (generally over 1ha) and applications close to water sources or in Flood Risk Zones 2 or 3 must be accompanied by a flood risk asessment. This may also need to be accompanied by a sequential and exceptions test assessment. MSP are able to arrange for the preparation of flood risk assessments by associate water engineers, as part of the management of the submission of your application. Contact Us
The National Planning Policy Framework describes a heritage asset as a building, monument, site, place, area or landscape identified as having a degree of significance meriting consideration in planning decisions, because of its heritage interest. Heritage assets can include listed buildings, conservation areas, ancient monuments and 'non-listed heritage assts' ; locally important buildings which are not listed.
Heritage Impact Assessment
The National Planning Policy Framework requires applicants proposing works affecting heritage assets to provide a report outlining the works proposed and the effect of the works upon the heritage asset.
A Heritage Impact Assessment should provide the local planning authority with enough information to adequately understand the impact of the proposals on the 'significance' of any heritage assets affected. MSP are able to undertake the preparation or commissioning of a heritage impact assessemnt on your behalf. Contact Us
Housing Needs Survey
Survey undertaken by a District or Borough Council to determine the level of (affordable) housing need in their area. In some cases, Council's will assess housing need at individual village level. The findings will inform the amount of affordable housing required as part of development proposals, or, the amount of exceptions affordable housing that could be provided within or adjoining the settlement. MSP work with developers and affordable housing providers to deliver rural exceptions schemes. See our Land page or contact us for further information. Contact Us
Lawful Development Certificate - Existing
Also referred to as a Certificate of Lawfulness. A Lawful Development Certificate - Existing where you wish to confirm that any existing use, or operation, or activity in breach of a condition or limitation on a planning permission that has already taken place is lawful on the date specified in the application. It is defined as being lawful if enforcement action cannot be taken against it. This may be because it had, or did not need planning permission, or it may be the case that the use or operation took place so long ago that the time for enforcement action has expired. A four year period applies to dwellings and built development, and ten years to changes of use. We are able to advise you on the merits of submitting a Lawful Development Certificate application, and can submit an application on your behalf. For further information on LDC's see the Applications page. For advice on LDC's Contact Us
Lawful Development Certificate - Proposed
(Also referred to as a Certificate of Lawfulness). A Lawful Development Certificate - Proposed can be made if you wish to confirm that what you are proposing would be lawful i.e. it would not require express planning permission. For example you may need to establish that what you have proposed does not constitute development, is ‘permitted development’, or already has planning permission.making an LDC application is not mandatory, but can provide documentary confirmation that the works would be lawful and exempt from enforcement action. We are able to advise you on the merits of submitting a Lawful Development Certificate application, and can submit an application on your behalf. For further information on LDC's see the Applications page. For advice on LDC's contact us. Contact Us
The National Planning Policy Framework describes a Local Plan as 'The plan for the future development of the local area, drawn up by the local planning authority in consultation with the community'. In law this is described as the development plan . Current core strategies or other planning policy documents, which under the regulations would be considered to be development plan documents, form part of the Local Plan. The term includes old policies which have been saved under the 2004 Act. ' See our Local Plans page
National Planning Policy Framework
The National Planning Policy Framework (NPPF) was published on 27 March 2012 and updated in July 2018. It sets out the Government’s planning policies for England and how these are expected to be applied. Concurrent with the publication of the guidance, almost all other national planning policy guidance was abolished. Clarification of the NPPF is now provided within National Planning Practice Guidance. All plans and planning application decisions are expected to have due regard to the NPPF
National Planning Practice Guidance
A web-based resource providing clarification of the NPPG and providing abbreviated guidance on topics formerly covered in circulars and guidance notes / statements.
A plan produced by a Parish or Town Council setting out polices and proposals for their area. They are adopted following a local referendum. Neighboruhood plans must be broadly in line with a District / Borough Plan although in some additional housing provisions may be made. MSP are able to advise on engaging in the neighbourhood planning process and can make submissions of your behalf. Contact Us
Noise Impact Assessment
In some cases when a development generates noise close to sensitve properties (eg. dwellings) or where residential development is planned close to a source of noise, it may be necessary to undertake a noise impact assessment as part of a planning application. MSP can advise on noise impact issues and arrange for noise impact assessments to be undertaken on your behalf. Contact Us
Stipulations attached to a grant of planning permission (or other consent), governing the scope of the permission, or, requiring further information to be submitted for approval before a particular trigger point (eg. commencement, occupation or completion). Conditions must be complied with. failure to comply may result in the service of a breach of condition notice. If you are unhappy with a condition attched to your planning permission, you may either appeal against the imposition, or, apply to have the condition removed (see section 73 application). Contact MSP if you have concerns about conditions attached to your permission. We can advise you on the options available to you. Contact Us
Planning Contravention Notice
A notice served upon a landowner / developer requiring information to be provided about the dveelopment or use taking pace. The content of the notice will be specific to the actrivities being inestigated. The notice will require the requisite information to be provided, or, will require the recipient to attend a meeting at the Council at a specified date and time. Failure to comply may result in a fine in the Magistrates Court. If you recieve a Planning Contravention Notice contact MSP for advice on options available to you. See also the Enforcement page.A Requisition for Information Notice is similar to a Planning Contravention Notice , but is more limited in the information it may require. Contact Us.
A legally enforceable agreement / obligation entered into under section 106 of the Town and Country Planning Act 1990 to mitigate the impacts of a development proposal. See also Section 106 agreement
Previously developed land
('Brownfield site'). The National Planning Policy Framework definition is as follows; Land which is or was occupied by a permanent structure, including the curtilage of the developed land (although it should not be assumed that the whole of the curtilage should be developed) and any associated fixed surface infrastructure. This excludes: land that is or has been occupied by agricultural or forestry buildings; land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures; land in built-up areas such as private residential gardens, parks, recreation grounds and allotments; and land that was previously-developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape in the process of time.
Requisition for information Notice
Also referred to as a Section 330 Notice. A preliminary to enforcement action by a Council. Someone served a notice must complete and return the form provided, identifying details of land ownership. Non-completion and return of the form can result in a fine in the Magistrates Court. If you recieve a Requisition for Information Notice contact MSP for advice on options available to you. See also the Enforcement page.A Planning Contravention Notice is similar to a s.330 notice, but may require a more comprehensive range of information.Contact Us
The details of a development that are submitted following a grant of outline planning permission. A reserved matters application must conform to all the restrictions (in terms of for example dwelling numbers and dwelling sizes / locations). If the outline permission terms cannot be satisfied, a full planning application will be required instead.
Retail Impact Assessment
Detailed report which outlines the anicip[ated impact of a new retail development upon an existing town centre. Retail impact assessment may also include a sequential assessment. Impact assessment is normally not required for smaller scale retail developments although such proposals may still need to include a sequential assessment. MSP can advise on retail impact issues and arrange for retail impact assessments to be undertaken on your behalf. Contact Us.
Rural exceptions sites
Small sites used for affordable housing in perpetuity where sites would not normally be used for housing. Rural exception sites seek to address the needs of the local community by accommodating households who are either current residents or have an existing family or employment connection. Small numbers of market homes may be allowed at the local authority’s discretion, for example where essential to enable the delivery of affordable units without grant funding. MSP work with developers and affordable housing providers to deliver rural exceptions schemes. See our Land page or contact us for further information. Contact Us.
Section 73 application
A planning application to vary, modify or delete a condition of an existing planning permission, is referred to as a section 73 application.See the Applications page.
Section 106 agreement (see also planning obligation and unilateral undertaking)
A legal agreement or undertaking in which a planning applicant undertakes to undertake certain works, or meet certain obligations, relating to the development. This may include a provision to make contributions for the improvement of certain community facilites (schools, health etc), or to provide affordable housing as part of a development. The agreements may be prepared by an applicant or by the Council. Councils will change to prepare the document, and many Councils charge a fee to monitor future compliance with the agreement.
Section 215 Notice
An untidy land notice ('land adversely affecting the amenity of an area'). Served on landowners the notice will require untidy land to be tidied and properly maintained. Non-compliance may result in prosecution and a fine.
Section 278 agreement
An agrement (under the Highways Act) under which an applicant agrees to undertake works within a highway as a requirement of a planning permission. This might include junction improvements, road widening, footway provision or passing places. The s.278 process is complex. MSP can arrange for the s.278 process to be undertaken for you by one of our highways associates.Contact Us
Section 330 Notice
A preliminary to enforcement action (see Requisiton for Information Notice).
A process whereby a developmemnt site is assessed against a preferred policy hierarchy. For example in the case of retail and leisure developments, sites will be assessd agiant the preferred hierarchy of town centre first, edge of centre second, and then out of centre. In relation to flood risk, proposals will be assessed according to the degree of flood risk (Zone 1, then Zone 2 etc). If there are preferred sites in the hierarchy, this may preclude the developmeny of sites in less preferred areas. Councils will sometimes require sequential assessment reports to accompany an application. MSP can advise on this and prepare the necessaery assessment report. Contact Us.
Statement of Common Ground
Part of the appeal process involving a public inquiry. A statement prepared and signed by appellant and Council which identifies those aspects of the appeal case that are agreed by the parties. The intention of the Staement of Common Ground (SCG) is to identify areas of agreement to enable the inquiry to concentrate on areas of disagreement. In cases dealt with by hearig inquiry, MSP would normally prepare the SCG on your behalf.
A document served by a Council which can require the cessation of works considered to be unauthorsed and harmful. If your recieve a Stop Notice, contact MSP immediately for advice opn options available to you.Contact Us
Strategic Environmental Assessment
A procedure which requires the formal environmental assessment of certain plans and programmes by Councils which are likely to have significant effects on the environment.
Structural condition survey
It is commonplace for applications to convert existing buildings to alternative uses (eg. agricultural buildings), to have to be accompanied by a structural condition survey, in order to demonstrate that the building is capable of conversion without the need to demolish.MSP are able to arrange for the preparation of structural condition surveys by building surveyors / engineers, as part of the management of the submission of your application. Contact Us
Supplementary Planning Documents
Documents which add further detail to the policies in a Local Plan. They can be used to provide further guidance for development on specific sites, or on particular issues, such as design, affordable housing or development contributions. Supplementary planning documents are capable of being a material consideration in planning decisions but are not part of the development plan.
A detailed report that sets out transport issues relating to a proposed development. It identifies what measures will be required to improve accessibility and safety for all modes of travel, particularly for alternatives to the car such as walking, cycling and public transport and what measures will need to be taken to deal with the anticipated transport impacts of the development. Transport assessments are normally prepared by a highways consultant. As pert of our management of a planning application submission we can engage highways consultants to undertake the preparation of a transport assessment. Contact Us.
A simplified version of a transport assessment where it is agreed the transport issues arising out of development proposals are limited and a full transport assessment is not required. Transport statements are normally prepared by a highways consultant. As part of our management of a planning application submission we can engage highways consultants to undertake the preparation of a transport statement. Contact Us
A travel plan is a document that may be required in connection with applications that generate significant amounts of traffic.eg. employment uses , schools or child care uses. The plan sets out measures that an applicant will instigate to control and manange traffic and minimise the use of car borne access wherever feasible. MSP are able to prepare travel plans to accompany planning applications. Contact us for further information. Contact Us
A type planning obligation, in which an applicants gives an undertaking to carry out certain work or actions, or make certain financial contributions in the event of planning permission being granted. Unilateral undertakings are often used in appeal cases. MSP are able to advise on the formulation and preparation of unilateral undertakings. Contact Us.
Sites which have not been specifically identified as available in the Local Plan process. They normally comprise previously-developed sites that have unexpectedly become available, but may also include residential garden land.