A recent survey carried out by Planning Magazine - the journal of the Royal Town Planning Institute has showed that some 69% of Local Authority planners fear the emerging National Planning Policy Framework will make it easier for developers to secure permission for schemes without the support of the Local Authority. The private sector on the other hand do...
When you bring forward a large development, there is often a need for contributions to be made via a S106 Agreement. These can include for example affordable housing provision, education contributions or Public Open Space provision. The need, level and type of contribution will vary depending on the Authority and the scheme submitted. Rob Duncan Planning Consultancy can assist with negotiations...
The current planning system requires Local Authorities to determine applications in accordance with the Development Plan unless material planning considerations dictate otherwise. Government Advice contained in The Planning System: General Principles states that material considerations must be genuine planning considerations, i.e. they must be related to the development and use of land in the public interest. The considerations must also...
The preparation of a Local Development Framework by a Local Authority represents an opportunity for local land owners and developers to put forward parcels of land for allocation within the Council's Site Allocations Document. Rob Duncan Planning Consultancy can assist landowners in making representations to the Local Authority with the aim of having that land allocated within the resultant...
The system of Lawful Development Certificates enables an applicant to apply to their Local Authority for a certificate saying that a proposed use or development would be lawful, and not require planning permission. This is quite common for those wishing to undertake extensions to their property. As with all Lawful Development Certificates the onus is on the applicant to demonstrate their case,...
If you intend to lodge an appeal relating to a complex or controversial scheme, it is possible that it might be processed as a Public Inquiry. If it does, you will need appropriate legal representation. As a Chartered Town Planner, Rob Duncan can not only act on your behalf preparing quality appeal statements and proofs of evidence, but can also instruct...
Enforcement Notices are used by Local Authorities to take action against unlawful use of land or development. If you have undertaken works or are carrying out a use without first securing planning permisson then you run the risk of enforcement action being taken to remedy the breach of planning control. If you are served with an Enforcement Notice you only have...
Not really planning news, but it is exciting to announce that Rob Duncan is getting married today! About time too!
The Planning Appeals process exists to enable applicants who are displeased with a Local Authority's decision to secure an independant opinion from a Planning Inspector. This could follow the refusal of planning permission or the issuing of an Enforcement Notice. When an appeal is lodged with the Planning Inspectorate there are three options available: Written Representations, Hearing or a Public Inquiry. ...
Within the Green Belt and other rural areas, new residential development is often resisted by Local Authorities who are keen to safeguard the character and appearance of these areas. One exception however are agricultural workers dwellings which are regarded as an appropriate form of development provided a number of criteria are met, including amongst others functional need and financial...
