THE BASICS OF DEVELOPMENT MANAGEMENT

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THE BASICS OF DEVELOPMENT MANAGEMENT RIBA
REGIONAL PLANNING SEMINAR insert location
date
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Who determines applications?

• officers
• members
• Planning Inspectors
• the Secretary of State
• delegation systems

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Status of Development Plans

• S38 of The Planning and Compulsory Purchase Act
  2004
• If regard is to be had to the development plan
  for the purpose of any determination to be made
  under the planning Acts the determination to be
  made in accordance with the plan unless material
  considerations indicate otherwise

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Making a decision

• Wednesbury principle
• Material considerations
• Non-material considerations

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Material

• History
• Layout, density, design/appearance, character
• Amenity daylight, sunlight, privacy
• Noise, smell
• Access/traffic
• Conservation/listed building impact
• Affordable housing
• Fear of crime (s17)
• Local economy
• Cumulative impact
• Previous similar decision
• Rarely, personal circumstances

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Not Material

• Impact on property values
• Profit
• Ownership of land/right of access
• Work already done
• Commercial competition
• Moral objections
• Loss of view
• Restrictive covenants
• History of the applicant
• Change from previous scheme

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Making a decision - 2

•  Officers recommendations
• how and whether they are prepared
• weight to be attached to them
• Site Visits
• protocols

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Conditions

• Conditions, which must have reasons, should be
• necessary
• relevant to planning
• relevant to the development to be permitted
• enforceable
• precise
• reasonable in all other respects

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Refusals

• Reasons for refusal should be
• accurate
• directly related to the development proposed
• have regard to the development plan
• relate to material considerations

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Obligations

• Obligations should
• help to make otherwise unacceptable developments
  acceptable
• only be sought where relevant to planning
• be directly related to proposed development
• be fairly and reasonably related in scale and
  kind to the development
• be reasonable in all other respects  
• Governments current review

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Questions Discussion
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