Planning post-Pickles

Blake Lapthorn and Kemp & KempProperty Consultants breakfast briefing

Thursday 22 July

Planning for Climate Change

“..climate change represents a potentially catastrophic threat but it is within our control to address it – and

address it we must.”

Henry Gordon-Lennox, barristerBlake Lapthorn

Sustainable development and climate change

Planning already has the concept of “sustainable development”

– Sustainable development enshrined in PPS1 (Jan 2005) which says it is “the core principle underpinning planning”

Climate change has, to date, been just one aspect of sustainable development so it has been recognised that more drastic steps required!

Consequently Governments are responding with legislative and policy initiatives. – Kyoto Protocol and in UK the Climate Change Act 2008– Copenhagen Accord?

Tackling climate change – current position

Supplement to PPS1 – ‘Planning and Climate Change’

“Tackling climate change is a key Government priority for the planning system”

“Addressing climate change is therefore the Government’s principal concern for sustainable development”

Sets out the role climate change considerations have in determining planning applications and development control decisions

Stand alone national policy document - material planning consideration now

Underpinned by Planning Act 2008 – requires policies in LDD to secure development contributes to mitigation of, and adaptation to, climate change

It specifically states that it takes precedence where there is any inconsistency / difference between it and the other PPSs

Review of PPS1

Current consultation draft out which is to replace current PPS1 Supplement and consolidate it with PPS22 (Renewable Energy)

Published 9 March and closing date for comments was 1 June– Publication or further review?

It continues to provide a planning framework to drive progress towards meeting the UK’s targets to reduce greenhouse gases, use more renewable and low-carbon energy and plan for the effect of climate change

Draft policies

LCF2 – Regional Planning Approach LCF4 – Local renewable and low-carbon energy LCF5 – Adapting to changing climate LCF6 – Site for new development LCF9 – Requirements for sustainable buildings

Of interest?

Previous Government pledged £10 million to boost Council’s ‘green’ expertise – by way of providing training for Members and planners (particularly on provision and use of renewable energy) and also on CPD.

£70 million fund to assist in master planning new eco-towns

Coalition have reduced by 50% for 2010 / 2011 Also require evidence of ‘local’ support

DECC has published new guidelines designed to help regional authorities assess the potential for renewable and low-carbon energy

Coalition – what impact will this have?

Government reiterate that “climate change is one of the gravest threats we face, and that urgent action at home and abroad is required”

the Coalition’s programme for Government;

– “push EU to adopt emission reduction target by 30% by 2020”– “seek to increase target for energy from renewable sources”– “public sector investment in carbon capture and storage for four coal fired power

stations”– “huge increase in energy from waste through anaerobic digestion”– “introduce measures to encourage marine energy”– “take measures to improve energy efficiency in business and public sector buildings”– “encourage community-owned renewable energy schemes”– “work towards an ambitious global climate deal that will limit emissions”

Communities to be given a greater say over their local planning system– abolishment of RSS

Conclusions

Sustainability as was (the green roof, shower and cycle racks) will no longer do

Authorities and applicants will be under increasing pressure to demonstrate that policies and individual developments make a positive contribution to reducing carbon emissions

If this is to be achieved, it will require innovation by the developers and support of the LPAs

Change in Government unlikely to alter the stance on climate change –probably even stronger policies

The Coalition’s agenda for change

Guthrie McGruer, partnerBlake Lapthorn

Planning

At the national level

– Abolition of CIL No mention in coalition agreement but Conservatives

promised abolition

In answers to questions in the Commons on 9 June 2010 “announcements on the future of the related Community Infrastructure Levy (CIL) will be made in due course”

Will require primary legislation

No impact on S106 obligations whilst no ‘charging schedule’ in place

Replacement with ‘local tariff’ – differences?

Relationship with S106 Agreements

The five policy tests of Circular 05/05 now codified

(a) necessary to make development acceptable in planning terms

(b) directly related to the development

(c) fairly and reasonably related in scale and kind to the development

Overlap of CIL and S106

CIL mandatory (if adopted)

S106 not suitable for pooled contributions

– Abolition of Independent Planning Commission

Problem: unelected / unaccountable Requires primary legislation to achieve IPC will continue to determine applications as NPS are

produced until abolished to ensure no delay– If NPS in place then IPC will determine – If no NPS when application to be determined then

recommendation to SoS Solution: new arm at PINS called ‘Major Infrastructure

Planning Unit’ which is accountable– Will determine applications in same statutory time

frame– Will keep NPS as the policy basis but to be ratified

by Parliament– Nuclear?

– Radical reform of planning system Intention to give ‘neighbourhoods far more ability to

determine the shape of the places in which their inhabitants live’

Based on Conservative’s ‘Open Source Planning’ Green Paper – some examples include;

– New designation similar to SSSI to protect ‘green areas’ of particular importance to local communities

– Cross boundary co-operation required where cross border issues arise

– National Planning Framework Simple and consolidated!! Covering all forms of development and setting out

national, economic, environmental and social priorities

At the local level

– This is where ‘localism’ agenda intended to operate Local plans to be ‘bottom up’ derived from aspirations of local

people– Will develop policies – not just consulted on ‘options’

Presumption in favour of sustainable development– incentives for LPAs for delivering this

Amend Use Classes Order so that people can change the use of land within a range allowed by the Local Plan

Collaborative design of ‘significant local projects’ to ensure involvement by the neighbourhood

“fast track” consents where agreement is reached with neighbours, including payments to offset impacts

THE BIG ONE – third party rights of appeal

Limit scope of appeals (by developer / residents) to abuse of power or a failure to apply the local plan

SoS has confirmed that LPA’s to be given an opportunity to revise LDD to reflect abolition of RSSs and removal of imposed targets

– However stated ‘should not take a long time’

‘Home on the Farm’– Schemes to encourage farmers to convert existing

buildings into affordable housing

Planning update

Steven Sensecall BA (Hons) DipTP MRTPIJoint Senior Partner

andHead of Planning

Huw Mellor BA (Hons) MRTPIPartner

Kemp & Kemp Property Consultants

Amendment to Use Classes Order (April 2010)

Includes a new Use Class C4: Houses in Multiple Occupation (HMO)

Previously, HMOs were six residents and above

New definition: “Use of a dwelling house by not more than 6 residents”

Planning permission needed for change of use from Class C3 (dwelling house) to HMO

Changes to the General Permitted Development Order (April 2010)

Permitted development: Development consisting of a change of use of a building to a use falling within Class C3 (dwelling houses) from a use falling within Class C4 (houses in multiple occupation)

Extends permitted development rights on industrial and warehouse buildings to research and development uses and permits new buildings, subject to constraints

Extends permitted development rights for schools, colleges, universities and hospitals and allows extensions and alterations to such institutions

Extends permitted development rights for offices and retail/catering/financial and professional services establishments subject to constraints

Changes to PPS3:Housing (June 2010)

Brings an end to “garden grabbing” ... or does it?

Removes presumption that previously - developed land is necessarily suitable for housing and that whole of curtilage should be developed

Gives LPAs ability to set out a range of densities across a plan area rather than one broad density range (previously 30 [minimum] – 50 per hectare)

But ... commitment to making efficient use of land remains

Annex B excludes “private residential gardens” from definition of previously – developed land

Abolition of Regional Spatial Strategies (RSS)

Trailed in Tories ‘Open Source Planning’ Green Paper

Abolished on 6 July 2010

How will this affect planning applications?

How will this affect the preparation of LDF documents?

Determining housing numbers

Do Councils have to maintain a 5 year land supply?

Local Enterprise Partnerships

Pickles and Cable letter 29 June 2010

Reform of sub-national economic development

Enables councils and business to replace the existing RDAs

Role - to provide the strategic leadership and to set out local economic priorities

Governance structures?