Introduction to planning

presenter

Date www.pas.gov.uk

Before we start…

Welcome and introductions

• Aim of the session

• To help councillors be clear about their role and how to engage in the planning system

• Help councillors begin to understand what planning can do for their areas

• How to get the most from the system

The Planning Advisory Service

• Improvement

• Self-sustaining

• Better planning

• Outcomes

…of … with … and for the sector

The modules

• This is the introductory module

• Other modules :

expand upon key themes

provide specialist advice

• Self serve or use as a study aide

• PAS can present them for you

The modules

1. Introduction to Planning – this module

2. Probity in Planning

3. Councillors role in decision making

4. Plan making for successful places

5. Development Management

6. Development Economics, s106 and CIL

7. Planning for climate change

8. Economic development and housing

Introduction to planning

• What is planning?

• Context, rules and procedures

• Development planning – delivery

• Development management

• The decision making process

• Planning obligations

• Enforcement

Planning is…

a decision making framework which aims to manage competing uses for space by

setting out a long term vision for places;

balancing economic, social and environmental needs;

Planning is…

• providing legitimacy through effective consultation and testing of evidence;

• delivering change on the ground

Good planning ensures…

Right development

Right place

Right time

The National Context

Rules and codes

• Local Government Act 2000

• Local Authorities (Model Code of Conduct) (England) Order 2007

• Local codes for planning

• The Nolan Report (‘Standards in public life’)

• Killian Pretty Review – role of councillors

Development planning

• Primacy of the development plan established by S54 A of the 1990 Act

• Now S38 of the Planning and Compulsory Purchase Act 2004

• Two tiers to development plan

• Regional Spatial Strategy (RSS)

• Local Development Framework (LDF)

Local development framework

• Summary of current system

• Suite of documents

• Not a single UDP or Local Plan

• Sustainability Appraisal

Delivery

• Relationship with LSP and SCS

• Develop consensus and ownership across the authority

• Integration with other strategies

• Delivery mechanism for corporate strategy

Control to ‘management’

• Delivery focus• Summary of development management: Principles of development management Development management culture Process models

Skills & resources New structures to support development

management

Role of councillors

1. As a Ward Councillor… …you can support or oppose an application and represent the views of your constituents

2. As a Planning Committee Member… …doing so will compromise your (impartial) role on the committee.

“Avoid favouring a person, company, group or locality or putting yourself in a position where you appear to do so”

Prejudicial Interest – Withdraw

“the test is not whether the councillor thinks there is an interest to declare but whether other people, knowing the facts of the situation might reasonably think so”

Personal Interest – declare

Decision by planning committee potentially affects:

You / your family / friends / organisation well

being / financial position

If in doubt – declare

The decision making process

• Delegated and committee decisions

• The development plan

• Material considerations

• Non – material considerations

• Consultation and notification

Delegated and committee decisions

• Procedures to ensure that committee consider most significant or contentious applications

• Referral to committee

• Time and resources

• Costs of committee decisions

• Local democracy

• 90% delegated

The development plan

Section 38 of the Planning & Compulsory Purchase Act 2004:

‘If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts, the determination is to be made in accordance with the plan unless material considerations indicate otherwise’

Material considerations

• Layout, density • Privacy• Daylight / sunlight• Access / traffic• Local economy• Design / appearance• Noise / smell• Previous similar decisions

Non-material considerations

• History / character of applicant

• Loss of view

• Commercial competition

• Impact on property value

• Restrictive covenants

• Ownership of land

• Matters of decency or taste

Consultation and notification

• Statutory consultation

• Town & Parish Councils

• Non-statutory consultation

• Neighbour notification

• Community engagement

Conditions and obligations

• Planning conditions

• Section 106 Agreements

Enforcement

• Discretionary

• PPS 18

• Works without permission not an offence

• Legal notices

• Other action

Summary and conclusions

• Key messages

• Future events?

• Evaluation

Contact PAS

email pas@local.gov.ukweb www.pas.gov.ukphone 020 7664 3000