Current Planning Issuesin HertfordshireJames DoeAssistant Director – Planning, Development and RegenerationChair of Hertfordshire Planning Group

Hertfordshire Housing Conference – 9 November 2012

Today’s workshop

• Last year’s presentation – Localism and the new Planning Agenda

• Current National Planning Issues• How this affects Hertfordshire – and what we are doing

about it .

National Developments

• Growth policy• Localism• National Planning Policy Framework• Growth and Infrastructure Bill• New methods of local funding – focus on Community

Infrastructure Levy• Greater development freedoms .

Planning in Hertfordshire today

• Infrastructure planning and delivery• Securing developer contributions• Local Planning • The challenge of planning across boundaries• Neighbourhood Planning – and local delivery• The Local Enterprise Partnership .

Growth and Localism

• PM/DPM/Pickles announcements in September• Heseltine paper• Removal of Strategic Planning layer – Regional Spatial

Strategies• Duty to Co-operate .

The Growth and Infrastructure Bill

• ‘Poorly Performing’ authorities (clause 1)• Limiting the information LPAs can require (clause 4)• Reduction in affordable housing requirements (clause 5)• Disposal of land at less than best consideration (clause 6)• Town and Village Greens (clauses 12, 13, 14)• Extending the major infrastructure planning regime

(clause 21)• Postponement of Business Rates revaluation until 2017 • Various other minor changes• Are these the solutions to kickstarting the economy?

.

Planning – facilitator or hindrance?

.

Year Applications granted (England)

2008/09 83%

2009/10 85%

2010/11 86%

2011/12 87%

Source: DCLG

How is Hertfordshire Doing?

.

Source: DCLG

Year to June 2012 Major applications decided within 13 weeks

Broxbourne 80%

Dacorum 81%

East Herts 55%

Hertsmere 70%

North Herts 59%

St Albans 58%

Stevenage 64%

Three Rivers 93%

Watford 67%

Welwyn Hatfield 65%

Hertfordshire Average 69%

Former NI157 target 60%

Householder development freedoms

• Trailed by the PM and Secretary of State in September• Single storey extensions• Details awaited• Will it make a difference?

.

www.planningportal.gov.uk

And now ... The permitted development Top 10

+++++++++ Stop Press ++++++++++

Government’s consultation on changed to permitted development issued 12 November 2012, see:

https://www.gov.uk/government/consultations/extending-permitted-development-rights-for-homeowners-and-businesses-technical-consultation

New methods of local funding

• Reduction in formula grant• New Homes Bonus• Retention of Business Rates Receipts• Community Infrastructure Levy.

Community Infrastructure Levy

• CIL is a levy on all new development to be spent on infrastructure to support growth

• Charged per square metre of development• Rates may vary by use and/or geography• Rates are set by a ‘Charging Authority’ (District Councils)• CIL will be charged through the Planning process• Trigger for CIL payment is commencement of development• CIL will be spent on Infrastructure (flexibility on which projects)• Meaningful proportion for neighbourhoods

Community Infrastructure Levy

• CIL applied to ‘all buildings into which people normally go’• The rate at which it is applied will vary by use and geography –

and in some cases it will be set at zero• Applies to ‘net additional’ floorspace – change of use and

demolished floorspace not charged so long as in use prior to development

• Affordable housing and other charitable development is exempt• The Council can negotiate a S106 on top of the CIL charge• Discretionary exceptional relief policy:

• S106 > CIL liability

• Payment of both → development unviable

• Relief must not constitute State Aid

Community Infrastructure Levy

• Informed by viability testing and information on infrastructure need• Consideration of other policy objectives • Differential rates must be based on viability evidence, and not

policy objectives • The Council must ‘aim to strike what appears to the charging

authority to be an appropriate balance between meeting all or part of the infrastructure funding gap and the potential impact of CIL upon the economic viability of development…’

• Rate(s) set out in a Charging Schedule

Where does this leave Hertfordshire?

. • Hertfordshire Infrastructure and Planning Partnership

• Herts Planning Group• New Hertfordshire Planning Co-ordinator• Providing some overarching structure in the ‘new

world’

Planning for new housing

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Duty to Co-operate

“A revised planning system, truly fit for purpose, must offer a strong mechanism for planning for large areas where strategic issues are too big in scale or timeframe to be resolved within a single LPA area” TCPA

• Strengthening of the duty is welcomed

• Co-operation is already happening in areas facing strategic scale growth pressures

• But what happens in instances whereby LAs may not share the same aspirations/responsibilities?

Infrastructure Planning for Hertfordshire

.  Hertfordshire Infrastructure and Investment Study

Actions: 1. Infrastructure planning conference2. Infrastructure projects chest 3. Hertfordshire Strategic Infrastructure Plan4. Explore infrastructure funding

opportunities

Infrastructure Planning - Issues

. • CIL only likely to pay for 20% of the total• Division between local and strategic• CIL will not close the local infrastructure funding

gap• Infrastructure Delivery Plans will be key

Neighbourhood Planning

• Must conform to Local Strategic Plan

• Prepared by Town and Parish Councils and other neighbourhood groups

• District Council has a duty to support

• Subject to local referendum – 50% support

• If so Local Planning Authority is compelled to adopt as planning policy

Neighbourhood Planning - Challenges

The key Question for communities – what do you want to achieve?

Neighbourhood Planning - Challenges

• Complexity• Reconciling Local Views• Resources• Council’s duty to support• Light touch independent check• Referendum• Role of Developers• Front Runners Scheme – Grovehill, Hemel

Hempstead

Thank You

Questions