Presentation by Jennifer Moore, Head of Planning Peter McAnespie, Policy Team Leader Date

Communications and marketing 2007 - 2010

Presentation by

Jennifer Moore, Head of PlanningPeter McAnespie, Policy Team LeaderDate

17 July 2012

NPPF/Localism Act: Enforcement & Neighbourhood Planning


Enforcement – NPPF para 207

“Effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control. Local planning authorities should consider publishing a local enforcement plan to manage enforcement proactively, in a way that is appropriate to their area. This should set out how they will monitor the implementation of planning permissions, investigate alleged cases of unauthorised development and take action where it is appropriate to do so.””


Interim Approach & Next Steps

• Circulars 10/97 – Enforcing Planning Control; and 02/05 Temporary Stop Notices remain in force

• Interim position – rely on PPG18

• Local Enforcement Plan – within 12 months


Power to Decline to determine retrospective applications (section 123)

• …where previous Enforcement Notices exist for any part of the development

• Significant impact on the applicant

• Careful consideration of the power – just and EN alone would not be enough; might resolve an enforcement problem, nature of previous notices, development plan etc

• A technical judgment by officers, in consultation with certain members – weekly decisions list


Neighbourhood Plans

• Not a statutory duty, but a right to do so

• General Regs (SI 2012 No 637) – light touch

• Conditions:• Must have regard to national policy• Must be in general conformity with strategic

policies in DP (Core Strategy)• Must be compatible with EU obligations &

Human Rights requirements• Can’t address “excluded development “ e.g.

County Matters (e.g. schools, minerals & waste) and Nationally Significant Infrastructure


Neighbourhood Plans: Council Responsibilities

• Designation of Neighbourhood Areas & Neighbourhood Forums• a relevant body = a Parish Council

• Area = a parish (whole or part, jointly)

• Checking Compliance with Legal Requirements

• Publicising the Plan & Receiving Representations

• Organising & Paying for the Examination and appointing an inspector

• Organising & Paying for the Referendum

• Providing Technical Advice & Support


Technical Advice & Support

The local planning authority must….

‘give such advice or assistance to qualifying bodies as, in all the circumstances, they consider appropriate for the purpose of or in connection with, facilitating the making of proposals for neighbourhood development order (or plans) in relation to neighbourhood areas within their area. Nothing in this paragraph is to be read as requiring the giving of financial assistance.’

Schedule 4B(3) of the Localism Act


General Assistance

• meeting local communities interested in neighbourhood planning at an early stage,

• setting out the general scope/areas of support that can be provided

• advising &/or assisting local communities to prepare a plan that will be fit for independent examination

• attending briefings and meetings

• advising on consultation and engagement


Technical Assistance

• area and site plans

• technical reports/extracts

• technical information held on sites

• any other information that is in the public domain

• could be subject to administrative or printing charges


Costs

• DCLG - £20,000 for pilots

• Localism Bill - £17,000 - £63,000

• Examination : £5-10k

• Referendum : £7k

• Other : officer costs in time/advisory roles

• Funding: NHB, CIL, Formula Grant, Developers?


Further Learning Resources:DCLG Introductory Guide & Other Information:

http://www.communities.gov.uk/documents/planningandbuilding/pdf/1985896.pdf

http://www.communities.gov.uk/planningandbuilding/planningsystem/neighbourhoodplanningvanguards/

FAQ: http://www.communities.gov.uk/documents/planningandbuilding/pdf/2099152.pdf

Regulations SI 2012 / 637: http://www.legislation.gov.uk/uksi/2012/637/contents/made

Planning Advisory Service – Ward Cllrs Guide

http://www.pas.gov.uk/pas/aio/2408090


Any questions?

Documents

Presentation by Jennifer Moore, Head of Planning Peter McAnespie, Policy Team Leader Date