Planning reform

8th April 2014

CPRE / ChALC

Middlewich

Planning reform

Context• NPPF • Practice Guidance • Local Plans – or planning by

appeal?• Neighbourhood Planning• Associated changes• Rhetoric!

Planning reform

Presumption in favour of sustainable development

• Plans must meet objectively assessed needs (& positively seek opportunities) unless:-

• Adverse impacts significantly and demonstrably outweigh benefits

• Specific policies restrict development

• Decisions must:• approve applications that

accord with plan without delay

• Approve applications where plan is absent, silent or out-of-date, unless….

Planning reform

Economic emphasis

8: “economic, social and environmental gains should be sought jointly and simultaneously”

17: “proactively drive economic development…every effort should be made…respond positively to opportunities for growth…”

19: “ensure the planning system does everything it can to support growth…significant weight…”

Viability & market signals

Local Enterprise Partnerships

Planning reform

Brownfield

• “Encouraged”

• “…may continue to consider the case”

• 1.5 million homes potential!

• Guidance • More encouragement -

viability

• Local flexibility • Warrington 80% target

• PINS interventions – discouraging

• Neighbourhood Plan scope

Planning reform

Green Belt

• Planning applications – strong protection

• Government interventions

Local transport infrastructure

Community Right to Build

• Much greater pressure on countryside outside GB

• Local Plan development – encouragement to review

• (Government intervention?)

Planning reform

Housing

• 5 year supply of sites that are• Available

• Suitable

• Achievable

• Viable

+ buffer

+ backlog

• No 5 year supply = housing policies out of date & presumption applies

• Full, objectively assessed needs “…as far as is consistent…” (47)

Planning reform

NPPF - Countryside, character, identity• 17 - plans and decisions should “take account of the

different roles and character of different areas, promoting the vitality of our main urban areas, protecting the Green Belts around them, recognising the intrinsic character and beauty of the countryside and supporting thriving rural communities within it;”

• 58 - “Planning policies and decisions should aim to ensure that developments... respond to local character and history, and reflect the identity of local surroundings …”

• 61 – “planning policies and decisions should address the connections between people and places and the integration of new development into the natural, built and historic environment.”

Planning reform

NPPF – Design, local distinctiveness, quality

• 60 – “Planning policies and decisions should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms or styles. It is, however, proper to seek to promote or reinforce local distinctiveness.”

• 64 – “Permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions.”

• 131 - “In determining planning applications, local planning authorities should take account of… the desirability of new development making a positive contribution to local character and distinctiveness”

Planning reform

Countryside protection, character, design…

• Existing Local Plan policies can still apply if ‘NPPF compliant’ – even without 5 year supply

• Adverse impacts capable of significantly and demonstrably outweighing benefits

• Sandiway, Cheshire W: 2197189

• Alsager, Cheshire E: 2195201

• Barnstaple, Devon: 2182606

• Seaton, Devon: 2202124

• Engine Common, Glos: 2186546

• Taunton, Somerset: 2177389

• Colne, Lancashire: 2195745

Planning reform

Overall sustainability

• Access to services & facilities

• Public transport, walking & cycling

• Air, noise and light pollution

• Integration with existing development (part of the village or an “estate plonked on the edge”)

• Environmental impacts

• Climate change

“It would be contrary to the fundamental principles of the NPPF if the presumption in favour of development in paragraph 14 applied equally to sustainable and non-sustainable development”

Mrs Justice Lang, High Court, October 2013

(paragraph 37)

Planning reform

Local Plans• Still cornerstone of system:

“applications for planning permission must be

determined in accordance with the development plan,

unless material considerations indicate otherwise.” (2)

• Vital to influence – strategic policies

• CWAC – Examination hearings 17 June – 4 July

• CEC – consultation deadline 25 April

Planning reform

Neighbourhood Planning

• 1,000+ applied, 750+ approved, 75 published, 10 “made”

• 75% in south of England, 67% in rural areas

• Referendums - mixed turnouts, big majorities

• Major issues (14 successfully examined plans)•Protecting places, facilities & features •Securing developer contributions•Allocating sites & reserves (prioritising brownfield)•Setting development conditions, eg densities, types, rates, scales•Promote sustainable, compatible economic growth•Design standards and features•Congestion reduction

Planning reform

Neighbourhood Planning – perceived impacts

• 55% seek to resist new development 63% in rural areas

• Controversies•Tattenhall JR – Local Plan absence (SEA, Examiner)

(Winslow, Winsford & 50+% of potential plans!)•Bermondsey, Wapping, Daws Hill – boundary disputes•Littlehampton – policy conflict with Borough Council

• Developers ‘taking advantage of opportunities’

• Weight given to emerging plans •Committees vs Inspectors •Guidance ‘clarifies’ – little weight before end of ‘publicity period’

Planning reform

Community Infrastructure Levy Neighbourhood Fund

Parish council

Neighbourhood Plan

= 25% uncapped, paid to Parish

Parish council

Neighbourhood Plan X

= 15% capped at £100 / dwelling, paid to Parish

Parish council X

Neighbourhood Plan

= 25% uncapped, local authority consults with community

Parish council X

Neighbourhood Plan X

= 15% capped at £100 / dwelling, local authority consults with community

http://www.parliament.uk/briefing-papers/SN03890/community-infrastructure-levy

Planning reform

Village Greens

Any land on which a significant number of inhabitants of any area has indulged in lawful sports and pastimes, for 20 years, as of right.

But…

Trigger events preventing registration:- • One year after ‘rights’ withdrawn

• Planning applications

• Local or Neighbourhood Plans

• Local or Neighbourhood Development Orders

• Transport and Works Act Orders

www.oss.org.uk

Planning reform

Village Greens in the courts

• South Bank Undercroft – challenging refusal (September hearing)

• Walton-on-the Naze – challenging refusal

• Huddersfield and Weymouth – historical registrations overturned

• Thamesfield, Berkshire – application too late

Planning reform

Local Green Space designation

• Designate through Local or Neighbourhood Plans

• “Very special circumstances”

• Reasonably close proximity

• Demonstrably special

• Particular local significance, (eg beauty, history, recreation, tranquillity, wildlife)

• Local in character, not an “extensive tract of land”.

• www.leics.gov.uk/greenspaces / http://tinyurl.com/nzlxbyz

Planning reform

Assets of Community Value

• Land or buildings with a use that furthers the wellbeing or interests of the community

• If offered for sale, community groups have:

• six weeks to submit a bid request

• six-months to prepare a bid

• Material consideration (NPPF 70)

• Overturned – Hampshire pub, Dorset playing fields

Planning reform

Neighbourhood Development Orders & Community Right to Build

• NDOs can:•apply to a specific site, sites, or wider geographical area•grant planning permission for a certain type or types of

development•grant planning permission outright or subject to conditions.Allerdale – first NDOs in examination

• CRTBOs can:•Support small-scale, community-led development•Apply to one or more buildings•Be undertaken by any community organisationχSlaugham – first CRTBOs rejected (for now!)

Planning reform

Change of use – permitted development rights

• Agricultural buildings up to 450 sq m 3 dwellings, shops, offices, light industry, storage & distribution, cafes, hotels, leisure

• Offices homes

• Offices, light industry, hotels, leisure, residential institutions state-funded schools

• Temporary (two year) changes of use between business types

χ (Article 4 direction)

Planning reform

Useful websites• NPPF http://planningguidance.planningportal.gov.uk/

• Local planswww.cheshirewestandchester.gov.uk/your_council/policies_and_performance/council_plans_and_strategies/planning_policy.aspx

www.cheshireeast.gov.uk/planning/spatial_planning/cheshire_east_local_plan.aspx

• Neighbourhood planninghttp://mycommunityrights.org.uk/neighbourhood-planning/

http://www.ourneighbourhoodplanning.org.uk/

• Appeal decisions www.pcs.planningportal.gov.uk/pcsportal/CaseSearch.asp

• Guidance http://planningguidance.planningportal.gov.uk/

• Planning Help www.planninghelp.org.uk & CPRE NPPF briefings http://www.cpre.org.uk/local-group-

resources/campaigning/planning

Planning reform

Andy Yuille

Senior Policy Adviser, CPRE North West

andyyuille@gmail.com