RICS Assessment of Professional Competence (APC) Planning, Development and Land Syllabus

Planning, Development and Land syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Planning, Development and Land in RICS Assessment of Professional Competence (APC), not a summary of it.

1. 1

   Town Planning and the Development Framework

   4 topics

   • The UK planning system and policy hierarchy
     • National Planning Policy Framework (NPPF)
     • Local plans and material considerations
   • Planning applications and decision-making
     • Permitted development and use classes
     • Conditions, appeals and enforcement
   • Planning obligations and infrastructure funding
     • Section 106 agreements and Community Infrastructure Levy
   • Conservation, listed buildings and environmental controls
2. 2

   Development Appraisal and Viability

   4 topics

   • Residual valuation and development appraisal
     • Sensitivity and scenario analysis
   • Viability assessment and planning policy
   • Development finance and cash flow
   • Risk, profit and return measures
3. 3

   Compulsory Purchase and Compensation

   3 topics

   • Compulsory purchase powers and the CPO process
   • The compensation code and heads of claim
     • Open market value, disturbance and severance
     • Injurious affection and home loss payments
   • The no-scheme principle and equivalence
4. 4

   Land, Rights and Boundaries

   4 topics

   • Land tenure, registration and title
     • Freehold, leasehold and commonhold
   • Easements, covenants and wayleaves
   • Boundary disputes and the Party Wall etc. Act 1996
   • Rights of way, access and statutory undertakers

Planning, Development and Land flashcards for RICS Assessment of Professional Competence (APC)

24 of 55 cards from the Planning, Development and Land deck — real questions with worked answers.

1. What are the two main types of development plan that make up the statutory "development plan" in England under a plan-led system?

   The Local Plan (prepared by the local planning authority) and any neighbourhood plans (made by parish/town councils or neighbourhood forums). Under s38(6) of the Planning and Compulsory Purchase Act 2004, decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

2. State the "primacy" rule for planning decisions set out in section 38(6) of the Planning and Compulsory Purchase Act 2004.

   Determinations under the planning Acts must be made in accordance with the development plan unless material considerations indicate otherwise.

3. What is the role and status of the National Planning Policy Framework (NPPF) in the English planning hierarchy?

   The NPPF sets out national planning policy and is a material consideration in decisions. It does not form part of the statutory development plan but local plans must be consistent with it. It carries a "presumption in favour of sustainable development."

4. What is the legal definition of "development" under section 55 of the Town and Country Planning Act 1990?

   The carrying out of building, engineering, mining or other operations in, on, over or under land, OR the making of any material change in the use of any buildings or other land.

5. What is "permitted development" and where is it granted?

   Development granted planning permission directly by legislation (the General Permitted Development Order, GPDO 2015) without the need for a planning application, e.g. certain householder extensions and changes of use. It can be removed by an Article 4 Direction.

6. Distinguish outline planning permission from full (detailed) planning permission.

   Outline permission establishes the principle of development with reserved matters to be approved later; full permission approves all details. Reserved matters typically include access, appearance, landscaping, layout and scale.

7. What is the standard default time limit for implementing (commencing) a planning permission in England?

   Three years from the date the permission is granted (unless a different period is specified in a condition).

8. List the six tests a planning condition must satisfy to be valid (per NPPF/Circular).

   It must be: (1) necessary, (2) relevant to planning, (3) relevant to the development to be permitted, (4) enforceable, (5) precise, and (6) reasonable in all other respects.

9. What is a Section 106 agreement (planning obligation)?

   A legally binding planning obligation under s106 of the Town and Country Planning Act 1990, entered into between a developer and the LPA, to make development acceptable, e.g. affordable housing, financial contributions or restrictions on use. It runs with the land.

10. State the three statutory tests in Regulation 122 of the CIL Regulations 2010 for a s106 obligation to be taken into account.

    The obligation must be: (1) necessary to make the development acceptable in planning terms; (2) directly related to the development; and (3) fairly and reasonably related in scale and kind to the development.

11. What is the Community Infrastructure Levy (CIL)?

    A charge that LPAs can levy on new development to fund infrastructure, calculated per square metre of net additional floorspace using a charging schedule. It is non-negotiable, unlike s106.

12. How does CIL differ from a Section 106 agreement?

    CIL is a standardised, formula-based, non-negotiable charge on floorspace funding general infrastructure; s106 is a negotiated, site-specific obligation (e.g. affordable housing) that must meet the Reg 122 tests. CIL pools contributions; s106 is project-specific.

13. What is a listed building and who maintains the list in England?

    A building of special architectural or historic interest included on the National Heritage List for England, maintained by Historic England. Listing covers the whole building, interior and exterior, plus structures within the curtilage pre-July 1948.

14. What are the three grades of listed building in England and roughly what proportion are at the highest grade?

    Grade I (exceptional interest, ~2.5%), Grade II* (particularly important, more than special interest, ~5.8%), and Grade II (special interest, ~91.7% — the majority).

15. What consent is required to alter, extend or demolish a listed building, and what is the penalty regime?

    Listed Building Consent (LBC) under the Planning (Listed Buildings and Conservation Areas) Act 1990. Carrying out works without consent is a criminal offence.

16. What is a Conservation Area and what extra control applies within one?

    An area of special architectural or historic interest whose character it is desirable to preserve or enhance (Planning (LBCA) Act 1990). Demolition is controlled and there are restrictions on works to trees; permitted development rights are often more limited.

17. What is a Tree Preservation Order (TPO)?

    An order made by an LPA protecting specific trees, groups or woodlands; it makes it an offence to cut down, top, lop, uproot, wilfully damage or destroy the tree(s) without consent.

18. State the basic residual valuation equation used to derive the price a developer can pay for land.

    $$\text{Land Value} = \text{GDV} - (\text{Construction} + \text{Fees} + \text{Finance} + \text{Developer's Profit})$$ where GDV is the Gross Development Value.

19. What is "Gross Development Value" (GDV) in a development appraisal?

    The total market value of the completed development, i.e. the aggregate capital value of the finished scheme (e.g. capitalised rental income for investment, or sum of unit sale prices for residential), gross of sale costs.

20. Define "residual value" and explain why the residual method is sensitive to its inputs.

    The residual value is the surplus (land value or profit) left after deducting all development costs from GDV. It is highly sensitive because it is a small difference between two large numbers, so small percentage changes in GDV or costs cause large percentage swings in the residual.

21. In a development appraisal, how is developer's profit commonly expressed as a target measure?

    As a percentage of GDV (commonly 15–20%) or as a percentage of total development cost. Profit on cost: $\text{Profit \%} = \frac{\text{Profit}}{\text{Total Cost}} \times 100$.

22. What is a viability assessment in planning, and what document underpins it?

    An assessment of whether a development can deliver policy requirements (e.g. affordable housing, CIL/s106) while remaining financially viable. It is underpinned by the RICS guidance and the NPPF/PPG, testing whether residual land value exceeds a benchmark land value.

23. Define "Benchmark Land Value" (BLV) as used in planning viability under the PPG.

    The Existing Use Value (EUV) of the land plus a premium to the landowner (EUV+). It represents the minimum the landowner would reasonably accept, against which the scheme's residual land value is compared to test viability.

24. Under the NPPF/PPG, who bears the risk where a site cannot viably deliver plan policies?

    The price paid for land is not a justification for failing to meet policy. The landowner/developer bears the risk; viability should generally be assessed at plan-making stage and land should be bought with policy requirements in mind.

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