Planning

In the news…

• Wind farms

• HS2

• Boris Island

• Housing shortages

• Floods

• Fracking

Planning – the process

Two key areas:

• Forward planning – strategies/masterplans (counties/unitaries)

• Development control – councils deciding on planning applications (districts/boroughs/unitaries)

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!)

• 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

Planning applications – the process

• Councillors or officers consider the application and draw up a report with recommendation

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

• Others delegated to planning officers• Some councils allow residents/applicants

to speak at planning meetings

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

• Are dealt with by Planning Inspectorate

Can only be made by applicant

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

–for eg, airport expansion• Give rise to regional or national controversy –

eg Heathrow; High Speed 2• 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, extra school places

• Is directly related to development

• Is fair and reasonable in relation to size/scale of development

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 house building targets

• Include information on specific sites• Should reflect (“have regard to”) national and regional

policy, accounting for local needs• Is the starting point for considering all planning

applications

Govt changes to planning

National Planning Policy Framework (NPPF)

Published 2011Aims:• Streamline planning policy• Hand back power to local communities• Presumption in favour of sustainable

development – “a developers’ charter”?• Planning authorities to be “positive and

proactive” in encouraging growth+addressing barriers to investment

Localism – what will it mean

• Residents can draw up own “community plans”

• 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

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)

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.

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