Planning In the news… Wind farms HS2 Boris Island Housing shortages Floods Fracking.
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Transcript of Planning In the news… Wind farms HS2 Boris Island Housing shortages Floods Fracking.
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Planning
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In the news…
• Wind farms
• HS2
• Boris Island
• Housing shortages
• Floods
• Fracking
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Planning – the process
Two key areas:
• Forward planning – strategies/masterplans (counties/unitaries)
• Development control – councils deciding on planning applications (districts/boroughs/unitaries)
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Planning Applications
• Determined by district/boroughs in accordance with their Local Development Framework - LDF
• Is a quasi-judicial function of local authorities – decisions must be based on planning considerations (local opposition not a reason!)
• Determined by councillors or delegated to planning officers
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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)
• Relevant parish council must be consulted• Planning notices can be published in local
newspapers• Councils now list applications on websites
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Planning applications – the process
• Councillors or officers consider the application and draw up a report with recommendation
• More important/significant applications decided by planning committee of councillors
• Others delegated to planning officers• Some councils allow residents/applicants
to speak at planning meetings
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Planning applications – the process
Application can be:• Approved by council – allowing work to
start• Rejected – allowing applicant to appeal• Approved with conditions – also
allowing appeal • Called in by DCLG (govt.) who may order
inquiry – eg Terminal 5 Heathrow*Lydd Airport*Brighton and Hove stadium
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Outline or detailed planning consent?
Outline planning permission:• “In principle” consent for development• Lasts for five years
Detailed planning permission• Fully developed proposal setting out precise
location; dimensions; appearance; number of homes; transport issues etc
• Lasts five years
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Planning appeals
• Are dealt with by Planning Inspectorate
Can only be made by applicant
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)
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“Called in” applications
Possible where:
• Conflict with national policy on important matters• Could have significant impact beyond local area
–for eg, airport expansion• Give rise to regional or national controversy –
eg Heathrow; High Speed 2• Involves issues of national security
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Planning conditions – Section 106 agreement
• Where councils require developers to make financial contribution to meet relevant infrastructure costs, eg new road, extra school places
• Is directly related to development
• Is fair and reasonable in relation to size/scale of development
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Local plans – Local Development Frameworks (LDF)
• The “policy framework” for local authority areas • Sets out how planning will be controlled in each area• Includes policies on land use, the environment,
transport, business, regeneration as well as house building targets
• Include information on specific sites• Should reflect (“have regard to”) national and regional
policy, accounting for local needs• Is the starting point for considering all planning
applications
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Govt changes to planning
National Planning Policy Framework (NPPF)
Published 2011Aims:• Streamline planning policy• Hand back power to local communities• Presumption in favour of sustainable
development – “a developers’ charter”?• Planning authorities to be “positive and
proactive” in encouraging growth+addressing barriers to investment
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Localism – what will it mean
• Residents can draw up own “community plans”
• Reform of community infrastructure levy (Section 106) to cover costs of maintaining as well as providing infrastructure
• Major planning applications (for eg train lines, airports, power stations) to be determined by ministers
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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.
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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)
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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
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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
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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
• All buildings built before 1700 are listed• Most between 1700 and 1840 are• About 443,000 in total (most Grade 11)
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Areas of Outstanding National Beauty (AONB)
• 40 AONBs in England and Wales (35 wholly in England, 4 in Wales and 1 which straddles the border)
• Landscape whose distinctive character and natural beauty are so outstanding that it is in the nation's interest to safeguard them
• No development permitted in AONBs but nothing to stop development alongside
• Care entrusted to local authorities, organisations, community groups and the individuals who live and work within them
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AONB’s ii
• Designation of AONB is responsibility of Natural England, government Quango
• Designation on basis of their flora, fauna, historical and cultural associations; scenic views
• The Countryside and Rights of Way Act, 2000 (the "CRoW" Act) added further regulation and protection, ensuring the future of AONBs as important national resources
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AONB iii
• Some examples:
• Isles of Scilly (smallest, designation 1976)
• Cotswolds
• Parts of Cornwall – Lands End, Lizard Peninsula
• Kent Downs – includes Dover White Cliffs
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National Parks
• Ten National Parks in England, 3 in Wales and 2 in Scotland
• England - Dartmoor, Exmoor, Lake District, New Forest, Northumberland, North York Moors, Peak District, the Yorkshire Dales, the South Downs and the Broads
• Wales - Brecon Beacons, Pembrokeshire Coast and Snowdonia
• Scotland - Cairngorms and Loch Lomond and the Trossachs.
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National Parks ii
• Each administered by its own National Park Authority, independent bodies funded by central government.
• These authorities:• conserve and enhance the natural beauty,
wildlife and cultural heritage • promote opportunities for the understanding and
enjoyment of the special qualities of National Parks by the public.
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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