Mix and Match Training Options for Officers (Scotland)
TRA has put together a series of half-day workshops on planning topics, that can be delivered on a "mix and match" basis exclusively for Scottish authorities. The idea is to increase the cost-effectiveness of a day's in-house training by enabling two topics to be covered in the same day. The training could also potentially involve two different groups of staff depending on the topics chosen e.g. enforcement staff in the morning and Development Management staff in the afternoon.
There are 10 topics available:
- Advertisements covers: the definition of an advertisement, current regulations, advertisements not covered by the Regulations and those with deemed consent, removal of deemed consent, discontinuance, areas of Special Control, amenity and highway safety considerations, the standard conditions and fly posting.
- Certificates of Lawful Use covers: what is lawfulness, the onus of proof, the balance of probability test, existing uses (the 4 and 10 year rules, abandonment, dormant uses, substantial completion), proposed uses, the effect of Certificates and offences and revocation.
- The Definition of Development covers: operational development (definition of a building, building operations, engineering, mining and other operations), definition of land, material changes of use (the planning unit, lawfulness, primary and ancillary uses, and the Use Classes Order).
- Planning Conditions and Section 75 Agreements covers: the six tests for a condition (necessity, relevance to planning, relevance to the development to be permitted, enforceability, precision and reasonableness), conditions precedent post Greyfort, "model" planning conditions, section 75 agreements, and condition or agreement (circular 4/1998 v 1/2010).
- Material Planning Considerations: S25 states that "where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise"... so what is a material consideration? Relevance to planning, relevance to the application.
- Caravans and Planning covers: the definition of a caravan (the 1960 and 1968 Act provisions), designed for human habitation? capable of being moved? when a caravan becomes a building, permitted development rights, the exemptions contained in Schedule 1, and the relationship between planning and environmental health.
- Prior Notification Applications covers: what is "prior notification"?, agricultural and forestry notifications, demolition notifications, development under private acts or orders, statutory undertakers, toll road facilities, and determinations ('call-in' and rights of appeal).
- Demolition covers: demolition v alteration, demolition that is permitted development, demolition of buildings in conservation areas, demolition of listed buildings, demolition and EIA post Court of Justice of the European Union decision in Commission v Ireland.
- Drafting and Defending Enforcement Notices covers: the allegation, the harm, the requirements, the compliance period, the grounds of appeal post 2006 Act (incorrect allegation, no breach of control, out of time, incorrect service, unreasonable requirements and insufficient time to comply) and variation of enforcement notices (by DPEA and the LPA).
- Development Monitoring covers: proactive rather than reactive, NIDs, NCDs and Site Notices post 2006 Act, other sources of information (e.g. building control and licensing), 'suspensive' conditions post Greyfort, the ability to vary conditions (S42 applications), materials samples, and the use of the UNIform development monitoring module.
If you would like to discuss the possibility of running in-house training in this way, please contact Angela Holmes for a no-commitment discussion.
Download our flier on the features and benefits of in-house training.