Planning

Planning + development: basic principles

Development supported by relevant infrastructure, such as roads

Impact on the environment is sustainable Located on land unlikely to be affected by

factors such as flooding

Town and Country Planning Code controls development in England+Wales

Planning – the process

Two key areas:

• Forward planning – strategies/masterplans

• Development control – councils deciding on planning applications

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!)

• 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)

• Relevant parish council must be consulted• Planning notices can be published in local

newspapers• Councils now list applications on websites with

full details

Planning applications – the process

• Councillors or officers consider the application and draw up a report with recommendation – does it meet council policies? Conflict with national policy/guidance?

• More important/significant applications decided by planning committee of councillors

• Others delegated to planning officers

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

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

Planning appeals

• Can only be made by applicant Three types of appeal: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

– National Park designation; airport expansion• Give rise to regional or national controversy – eg

Heathrow; Kingsnorth Power Station• Involves issues of national security

Planning conditions – Section 106 agreement

• Where councils require developers to make financial contribution to meet relevant infrastructure costs, eg new road

• 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

Govt changes to planning

• Localism Bill (Jan 2010) set out changes designed to “achieve a substantial and lasting shift in power away from central government…reform to make planning system more democratic and effective.”

Localism – what will it mean?

• Abolition of Regional Spatial Strategies (RSS)• Communities will have right to draw up

‘neighbourhood development plans’ (for eg, saying where new houses, businesses should go)

• Community ‘right to build’ - but only small developments

• Developers required to consult communities where very large developments planned (eg supermarket)

Localism – what will it mean ii)

• 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

The National Level

Central Government determines national planning policy via:

• Planning Policy Statements (PPS)

• Planning Policy Guidance (PPG)

• Minerals Policy Statements (MPS)

• Minerals Planning Guidance (MPG)

• Circulars and Parliamentary statements

Regional plans – Regional Spatial Strategies (RSS)

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

• 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)

• 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 • 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

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

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

Grade II listed building – opened 1932, only station with octagonal ticket hall. Underground has 59 stations listed

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:o 1. Architectural interesto 2. Historic interesto 3. Close historical associations with nationally

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

good eg of planning, such as a terrace or square

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

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

AONB iii

• Some examples:

• Isles of Scilly (smallest, designation 1976)

• Cotswolds

• Parts of Cornwall – Lands End, Lizard Peninsula

• Kent Downs – includes Dover White Cliffs

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.

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.

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