Making the Planning System Work for Mixed and Sustainable Communities

Making the Planning System Work for Mixed and Sustainable Communities

Graham U’ren FRTPI

March 2009

Outline

• Outline of statutory reforms• Managing culture change• The planning policy context• Engaging communities• Conclusions

Outline of statutory reforms

Background• White paper 2005 – fit for purpose, efficient, inclusive,

sustainable, • Planning Etc. (Scotland) Act 2006 – 129 new or amended clauses

in T&CPS Act 1997• “Unlocking Planning’s Potential” (2007) – greater, earlier

stakeholder engagement• “Delivering planning reform” (2008) – supporting sustainable

economic growth; streamlined management; concise policies• 20 new statutory instruments – so far• New circulars, e.g. 1/2009 Development planning• Timetable – DP and DM provisions Feb.- Aug. 2009


National Planning Framework • NPF 1 prepared 2004

2007• Statutory duty of ministers in 2006 Act• ‘spatial plan’ is government policy (in addition to SPPs)• NPF 2 prepared 2008• Ministers to adopt 2009 following parliamentary report• Review every five years• Key issue is infrastructure capacity• Contains 12 x designated ‘national developments’ (inc. West of Scotland

strategic rail; Glasgow strategic drainage; Comm. Games)• Annex – statements of need


Development Planning regulations 2008

Strategic development plans

June 2008

- SDPAs created by designation orders

- 4 city regions (2, 4, 6, 8 authorities) only

28 Feb 2009

- Submit within 4 years of last approval

- monitoring statements

- main issues reports- examinations more likely to be held- approval by ministers, with modifications

- action programmes (2 years)


Local Development Plans

28 Feb 2009

- complete coverage

- unitary DP outside city region areas;

- preparation at intervals of no more than 5 years

- monitoring statement

- main issues report

- schedule of PA land ownership

- Neighbour notification of proposals

- examination of unresolved objections

- reporter’s recommendations binding with exceptions

- adoption by planning authority

- action programme (2 years)


Development Plan Schemes (6 Apr 2009)

- include participation statement

Supplementary guidance (28 Feb 2009)

- requires publicity and consideration of representations

Sustainable development duty (28 Feb 2009)

- NPF and DPs

Key agencies (28 Feb 2009)

- duty to cooperate


Taking other plans into account (28 Feb 2009)

- Regional/local transport strategy; river basin management plan; local housing strategy; national waste management plan; major hazards

- In future – flood management plans; marine plans

Examinations (28 Feb 2009)

- reporters appointed by Scottish Ministers

- preceded by scrutiny of compliance with participation statement

- procedure at discretion of reporter


Status of the Development Plan

- includes SDP, LDP and SPG issued in connection with them

- SDP and LDP to take into account the National Planning Framework

- LDP to be consistent with the SDP- primacy (section 25) of the development plan unless

material considerations indicate otherwise, as before; primacy of national developments added

Transitional arrangements for DPs - regulations

Outline of statutory reformsDevelopment management hierarchy regulations 2008

6 Apr 2009

National developments

- 12 no. as listed in the NPF

- principle to be accepted

Major developments

- thresholds listed in schedule to regulations

- pre-application consultation

- processing agreements (non statutory)

Local developments

- all other developments requiring planning consent

- schemes of officer delegation

- local review panels

Minor developments - Various dates in 2009

- permitted development significantly extended


Development management procedure regulations 2008

6 Apr 2009

Pre-Application Procedures• pre-application consultation required for National and

Major Developments only• proposal of application notice - 12 wks in advance • serve on PA and all Community Councils – 21 days• 1 public EVENT plus newspaper advert• report must be produced with application


3rd Aug 2009

• neighbour notification by PAs – 20 metres

• permission in principle replaces outline

• plans to be up to standard – advice in circular

• design & access statements

• determination period – national/major 4 months (may be extended) or local 2 months (no extension)

• duration of permissions – 3 years default (2 years PinP)

• notice of initiation - failure to submit is a breach

• display notice while work being carried out

• notice of completion – failure to submit not automatically a breach

Later

• Planning obligations changes – refresh of the 1996 circular meantime

Outline of statutory reformsAppeals

3 Aug 2009

• aim to improve efficiency of the appeal process whilst retaining high quality determinations

• removal of the right to automatically appear before a person appointed by Scottish Ministers

• restriction on the introduction of new material

• 3 month appeal period after decsion

Local Review

6 Apr 2009

• schemes of officer delegation for local developments

3 Aug 2009

• review (appeal) by panel of the planning authority

• no right of further appeal to Scottish Ministers


Enforcement

Later 2009

• notices of initiation and completion• fixed penalty notices• temporary stop notices• enforcement charters


Other matters• planning control of marine fish farms to 3 n miles• business Improvement Districts (BIDS)• tree preservation orders streamlined• grants for providing assistance • equal opportunities duty• removal of outstanding conservation areas• national scenic areas

Managing culture change

Delivering planning reform (October 2008)• Sustainable economic growth but not anything at any• Culture change – partnership approach (are communities losing out?)• Simplification – SSIs, SPPs, PANs, DPs (less written, more maps)• New notification direction (spring 2009) and fewer call-ins• Efficient project management – circular 1/2009 timetable 130 weeks

for a SDP/LDP• Issues of detail in SPG• Local planning forums • Templates for developer contributions

“The key to sustained and real change will lie in part in the development of a new generation of development plans”

The planning policy context

National Planning Framework• Key challenges – the importance of place to the modern

knowledge economy• Scotland 2030 and the role of the SG 5 strategic objectives,

esp.- Stronger, smarter, healthier, safer communities

• Development strategy – 12 elements inc.- Promote healthy communities, community regeneration,

opportunities for disadvantaged communities- Encourage a sufficient supply of homes which are

affordable in places where people want to live


National Planning Framework cont• Scottish Sustainable Communities Initiative

- Launched summer 2008 – 62 entries

- Desired outcomes – local housing need; quality design; low carbon; healthy; communal; achievable; evaluation;

- Importance of planning context

- Cf. English Ecotowns programme

• Built environment and climate change response

- Energy efficiency and local renewables

- Reducing car reliance

- Higher density and compact communities

• Regeneration

- Concentrations of deprivation and role of 6 regeneration companies

- Community ownership and energy schemes


National Planning Framework cont

• Infrastructure, capacity and national developments sections support the sustainable economic growth priority

• Spatial perspectives section provides a context for other key projects which relate more directly to sustainable communities and regeneration (Edinburgh waterfront, Clyde Corridor and Gateway)


Scottish Planning policies (SPP)• simplification – SPP1 replaced in October 2009 as first

step of • amalgamating rest of SPP/NPPG into single SPP

volume with themes spring 2009• Core principles – plan-led; confidence in the system;

constraints should be necessary and proportionate; early engagement; quality outcomes

• much cross referencing of planning and other policies to be omitted – is the NPF to become the key policy document for integrated policy for sustainable communities?


SPP 3 Planning for Homes (2008)• “As well as the spatial, site-specific dimension of the

development plan, it is important that plans promote the creation of quality developments, mixed communities, opportunities for new housing in rural areas and the appropriate provision of affordable housing.”

• “New housing developments should be designed to meet the needs of the whole community, and with opportunities for households to continue to meet their changing housing needs over time. This includes provision of flexible living space which can be adapted as the needs of households change, and storage capacity, as well as a mix of housing types.”


SPP 6 Renewable Energy

• “A key role of the planning system will be to support a move towards new low and zero carbon developments through the use of energy efficient, microgenerating and decentralised renewable energy systems so that carbon reductions are considered and secured at the design stage of projects.”

• Edinburgh Standards for Sustainable Design• The Merton Rule


“Designing Places” (2001) and the Design PANs• “The aim of the document is to demystify urban design and

to demonstrate how the value of design can contribute to the quality of our lives. Good design is an integral part of a confident, competitive and compassionate Scotland.”

• Sustainability – the measure of the likely impact of development on the social, economic and environmental conditions of people in the future and in other places – must run as a common thread through all our thinking about design. Thinking about sustainability focuses in particular on promoting greener lifestyles, energy efficiency, mixed uses, biodiversity, transport and water quality.

• Masterplanning PAN


• “six qualities – identity, safe and pleasant spaces, ease of movement, a sense of welcome, adaptability and good use of resources – are at the heart of good design

• “Circumstances are more difficult than ever.” Globalisation stamps its undifferentiated image on the world. Traditional town based industries have largely disappeared as technology increasingly frees us from ties of place. The individual freedoms of the private car have not been won without a cost to the quality of the places where we live.”

• “The value of good design” (CABE 2002)• “Designing Streets” (draft 2009)

Engaging communities

A checklist of opportunities in the reformed system

DEVELOPMENT PLANS • Annual development plan scheme and participation statement – information • Main issues report - consultation• SEA and consideration of alternative strategies - consultation• Early engagement and information from key agencies - information• Proposed plan on deposit - objection, negotiation, right to appear• Scrutiny of compliance with participation statement - representation??• Examinations of plans - written submissions, hearings, full inquiry• Modification stage - representations• Adoption - legal challenge• Action programmes – information• Minorities and the Equality duty (s270B – s51 of 2006 Act)


Alternatively

DEVELOPMENT MANAGEMENT.

• Pre-application consultation is too late if the principle is already in the DP or NPF

• EIA is a restricted opportunity to influence proposals

• Processing agreements will restrict the chance to buy time

• Notification and call in will be radically cut back

• More local developments will be in the hands of officers

• There is no third party right of appeal


Good practice advice

PAN 81 – 2007, prior to draft secondary legislation, covers the principles but not geared to action checklists

National Standards for Community Engagement – community planning and regeneration orientated

SP=EED (Planning Aid for Scotland) – designed specifically for the new front loaded planning system

Conclusions – some questions

• Will sustainable communities be more achievable with a plan led system?

• Policy framework exists but are there the mechanisms, skill base and resources to deliver?

• What is the framework for delivering the SSCI? How does it relate to the planning system?

• How can the planning system be used more effectively in regeneration areas to deliver sustainability?

• How can we integrate delivery through the planning and community planning processes? (Spatial issues are not well dealt with by English community strategies, despite the statutory relationship.)

• How can planning deliver mixed communities when the expediency of the supply of cheap land is threatening to govern the provision of affordable housing?

• Is there the will to lead from the public sector?

Making the Planning System Work for Mixed and Sustainable Communities

Graham U’ren FRTPI

[email protected]

March 2009

mailto:[email protected]

Documents

Making the Planning System Work for Mixed and Sustainable Communities