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Negotiating the Planning Jungle

Environment, Property & Regulation

Courses Overview:

This recently updated 1 day course is designed for property and construction professionals who wish to obtain a working knowledge of the planning system. It will emphasise a practical approach and will be of interest to all who require a greater understanding to aid their professional activities.

The course will cover planning as part of the development process as well as planning appeals and enforcement. Delegates will also gain knowledge about the key players and the roles and legislation that impact on the planning system.

Benefits of this course:
• Understand the planning system
• Get to grips with planning applications
• Gain knowledge of legislation that may inhibit planning
• Learn about the environmental impact assessment in planning
• Benefit from a post seminar help line

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Course Content:

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

Regulatory Background
• Key planning legislation
• 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:
• Spatial planning overview; The Development Plan/Local Development Frameworks; other guidance
• Development management overview

Planning Reform
• Reform of the planning system
• Localism – what it means for planning; how will it affect me?
• The National Planning Policy Framework

Planning Applications
• When and where to seek advice
• Which application to submit
• Validation of applications – mandatory requirements and who to serve notice to/how/when
• When to negotiate
• Procedures
• Application fees
• Section 106 agreements, undertakings and 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/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 etc

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 and the right type of appeal
• The cost, timescales and legal challenges of making an appeal

Planning Enforcement
• What is enforcement and who can enforce?
• Type of enforcement measure
• What rights do the landowners/ developers have?
• Timescales/costs/outcomes

Getting it Right and Wrong
• Lessons learned
• Saving clients’ time/expense
• What’s the worst that can happen?

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