Planning – in the news

• South East Plan public inquiry – how many homes for Kent+Medway?

• Planning law review (Kate Barker, Dec 2006) – easier for developers to get their way? Threat to the green belt? Independent body for “big” applications like airports?

• Kent waste strategy: more incinerators?

Planning – setting the context

The system in England is “plan led:”Different plans set out what can be built and

where There is a hierarchial structure:• National Planning and Minerals Policy

Statements and Guidance Notes (central govt)

• Regional Spatial Strategies• Local Development Frameworks

The National Level

• Government determines national policy via:

• Planning Policy Statements (PPS)

• Planning Policy Guidance (PPG)

• Minerals Policy Statements (MPS)

• Minerals Planning Guidance (MPG)

• Circulars and Parliamentary statements

Recent changes: The Planning and Compulsory Purchase Act 2004

• Attempted to simplify the planning process

• Helped give local communities a bigger say

• Emphasised “sustainable development”

• Made it easier to free up land for regeneration

Regional plans – Regional Spatial Strategies (RSS)

• Drawn up by regional planning bodies – regional assemblies (in London, the Mayor: the SDS)

• Includes policies on house-building targets; jobs; the environment; transport; the economy; leisure; big schemes (such as shopping centres, airports); infrastructure

• Covers a 10-20 year period (for example, South East Plan 2006 to 2026)

• Can include “sub-regional” planning policies covering more than one planning authority

• Subject to public inquiry• Can be amended by government after inquiry (South East Plan)• Sets the policy framework for all authorities in the region, who must

abide by it

Local plans – Local Development Frameworks (LDF)

• The “policy framework” for local authority areas except county councils

• Sets out how planning will be controlled in each area• Includes policies on land use, the environment,

transport, business, regeneration as well as housing development

• Include information on specific sites• Include environmental impact• Should reflect (“have regard to”) national and regional

policy, accounting for local needs• Is the starting point for considering all planning

applications

Local Development Frameworks – what they contain

• Local development documents (LDD): what sort of development will take place; how it will be managed and when it will happen

• Local development scheme (LDS): A project plan setting out how the LDF will be produced

• Statement of community involvement: how local people will have a say

“Sustainability”• Under PCA Act 2004 all plans (RSS and LDF) must be subject to

“sustainability appraisal” and show

• How will they contribute to sustainable development?• What is the impact of plan from environmental, economic and social

perspective?

For example: • Can it be done in a way which does not damage the environment? • Is the infrastructure necessary planned?• Are there houses to support jobs growth?

Relevant govt. policy: PPS11 (Regional Spatial Strategies) and PPS12 (Local Development Framework)

Structure Plans

• Development blueprints drawn up by county councils and unitary authorities

• Set out policies and proposals to guide new development, improve transport infrastructure, protect environment, earmark areas for employment/regeneration

• Usually cover a 20-year period• But - being replaced by “spatial strategies” (under PCP

Act 2004, which passes strategic planning from counties/unitaries to regional assemblies)

• Will be abolished once government approves regional spatial strategies

Planning Applications

• Determined by district/boroughs in accordance with LDF

• Is a quasi-judicial function of planning authorities – decisions must be based on planning considerations (local opposition not a reason!)

• Can be determined by councillors or delegated to planning officers

Planning applications – the process

• Planning application is submitted by applicant

• Council must publicise details and consult relevant parties or govt. depts (between three and eight weeks)

• Councillors or officers consider the application – does it meet LDF and RSS? Conflict with national policy/guidance?

• Relevant parish council consulted

Planning applications – the process

Application is either:

• Approved – allowing work to start

• Rejected – allowing applicant to appeal

• Approved with conditions – also allowing appeal

• Called in by DCLG (govt.) who may order inquiry

Planning appeals

• Can only be made by applicant Three types:1.Written representation: Usually for smaller schemes.2. Informal hearing: Led by inspector, usually held at council. Less rigid than….3.Public inquiry: Inspector will hear evidence, listen to representations, cross-examine witnesses. May last days or weeks.

Inspector will publish his decision. No appeal after this stage other than through Judicial Review (not common)

“Called in” applications

Possible where:

• Conflict with national policy on important matters

• Could have significant impact beyond local area

• Give rise to regional or national controversy

• Involves issues of national security

Planning conditions – Section 106 agreement

• Can be imposed only where there is clear land-use justification

• Is directly related to development – eg developer contribution to infrastructure

• Is fair and reasonable in relation to size/scale of development

• Might mean developer giving money to pay for new access roads, school places etc

Green belt

• Land protected by law from development• Designed to check urban sprawl;

safeguard countryside and retain land for farming and leisure

• Prevents towns merging into one another• Helps preserve special character in

historic towns and villages• Strict rules prevent development; any

relaxation must be approved by govt.

Conservation areas

• Areas of special architectural or historic interest whose character or appearance is worth preserving

• Councils have powers to designate• Government can too but only in “special

circumstances” – more than local interest• “Specialness” is judged against local and

regional criteria• 8,000 in England (first in 1967)

Conservation areas, ii

• English Heritage can designate in London (after consultation with London borough and heritage minister)

• Within an area, council has extra controls over:• 1. Demolition – planning permission needed• 2. Minor developments – eg windows, satellite

dishes which normally would not need planning permission but do in CAs

• 3. Protection of trees – tree preservation orders

Conservation areas, iii

Special character could be related to:

• Characteristic building materials

• Gardens, parks and greens

• Trees and street furniture (eg railings, lights)

Not just about the appearance of buildings

Listed buildings

• Buildings of special architectural or historic interest

• For eg castles, cathedrals, milestones, village pumps but also houses (stately homes) but also more contemporary buildings (London Zoo penguin pool)

• All buildings built before 1700 are listed• Most between 1700 and 1840 are• About 443,000 in total (most Grade 11)

Listed buildings, ii

• Graded according to importance: Grade 1(most important), Grade 11

• Designation by Secretary of State who puts all those listed in heritage register

• Main criteria for listing are:• 1. Architectural interest• 2. Historic interest• 3. Close historical associations with nationally

important events/people• 4.Group value – where buildings comprise a

good eg of planning, such as a terrace or square

Planning blight

Occurs where:

• The value of an area or property is depressed by potential development proposal (eg a new road)

• Householders can issue “blight notice” on council or central government department

Blight notices

• Can be served where proposal has been made – eg route of new road

• Where that announcement prevents homeowner getting “asking price” for house

• Where home might be needed to make way for development scheme

• Govt/council agrees to buy house at full market value

• Appeals against unsuccessful blight notices can be made to Lands Tribunal

Compulsory purchase orders

• Councils can use powers to buy property where it is obstructing large capital schemes, usually regeneration projects

• Or where council wants to improve property that is in state of disrepair

• The power to issue Compulsory Purchase Orders is granted by the Acquisition of Land Act 1981

• Independent inspectors hear appeals at local public inquiries if objections are made

• Inspector’s findings will be determined by Secretary of State

Building Regulations

• Define how a new building is to be built so that it is:

• Structurally safe

• Protected from risk of fire

• Energy efficient

• Has adequate ventilation

Building regulations ii

• Normally granted by council’s building control officers

• Building/alteration may need regulations approval but not planning permission

• Eg:new windows; underpinning foundations; cavity wall insulation;change of building use