Planning Aid Nat Conf 07.04.09

Building Sustainable Communities - Building Sustainable Communities - the Role of Planning Aid the Role of Planning Aid

A short lesson from history …A short lesson from history …


““The object of the Bill is to provide The object of the Bill is to provide a domestic condition for the people a domestic condition for the people in which their physical health, their in which their physical health, their morals, their character and their morals, their character and their whole social condition can be whole social condition can be improved by what we hope to improved by what we hope to secure in this Bill. The Bill aims in secure in this Bill. The Bill aims in broad outline at, and hopes to broad outline at, and hopes to secure, the home healthy, the secure, the home healthy, the house beautiful, the town pleasant, house beautiful, the town pleasant, the city dignified and the suburb the city dignified and the suburb salubrious.”salubrious.”John Burns, President of the Local John Burns, President of the Local Government Board introducing the 1909 Government Board introducing the 1909 Housing, Town Planning Bill into Housing, Town Planning Bill into ParliamentParliament

A short lesson from history …A short lesson from history …““It is not merely landowners in the area It is not merely landowners in the area who are affected or even business who are affected or even business interests. Too often in the past the interests. Too often in the past the objections of a noisy minority have been objections of a noisy minority have been allowed to drown the voices of other allowed to drown the voices of other people vitally affected. These too must people vitally affected. These too must have their say, and when they have had it, have their say, and when they have had it, the provisional plan may need a good deal the provisional plan may need a good deal of alteration, but it will be all the better for of alteration, but it will be all the better for that since it will reflect actual needs that since it will reflect actual needs democratically expressed. In the past, democratically expressed. In the past, plans have been too much the plans of plans have been too much the plans of officials and not the plans of individuals, officials and not the plans of individuals, but I hope we are going to stop that.” but I hope we are going to stop that.”

Lewis Silkin, House of Lewis Silkin, House of Commons, 3rd Reading of Commons, 3rd Reading of Town and Country Town and Country Planning Bill, 1947Planning Bill, 1947

A short lesson from history …A short lesson from history …‘‘In a huge city, it is a fairly In a huge city, it is a fairly common observation that common observation that the dwellers in a slum area the dwellers in a slum area are almost a separate race are almost a separate race of people with different of people with different values, aspirations and values, aspirations and ways of living. …. One ways of living. …. One result of slum clearance is result of slum clearance is that a considerable that a considerable movement of people takes movement of people takes place over long distances, place over long distances, with devastating effect on with devastating effect on the social groupings built the social groupings built up over the years.’up over the years.’

Burns, W, Burns, W, New Towns for New Towns for OldOld, Leonard Hill, 1963, Leonard Hill, 1963

Wilf Burns was the City Planning Wilf Burns was the City Planning Officer of Newcastle and then Officer of Newcastle and then became the Government’s Chief became the Government’s Chief PlannerPlanner

A short lesson from history …A short lesson from history …‘‘But, one might argue, that But, one might argue, that is a good thing when we is a good thing when we are dealing with people are dealing with people who have no initiative or who have no initiative or civic pride. The task, civic pride. The task, surely, is to break up such surely, is to break up such groupings even though the groupings even though the people seem to be people seem to be satisfied with their satisfied with their miserable environment miserable environment and seem to enjoy an and seem to enjoy an extrovert social life in their extrovert social life in their own locality.’own locality.’

Burns, W, Burns, W, New Towns for New Towns for OldOld, Leonard Hill, 1963, Leonard Hill, 1963

Wilf Burns was the City Planning Wilf Burns was the City Planning Officer of Newcastle and then Officer of Newcastle and then became the Government’s Chief became the Government’s Chief PlannerPlanner


‘‘Davidoff challenged planners to become Davidoff challenged planners to become advocates “for what they deemed proper” advocates “for what they deemed proper” and for their client’s vision of “the good and for their client’s vision of “the good society.” He urged planners to express society.” He urged planners to express their values, engage openly in the political their values, engage openly in the political process, and help groups to formulate their process, and help groups to formulate their plans and develop their capacity. He plans and develop their capacity. He viewed advocacy as a way of enabling all viewed advocacy as a way of enabling all groups in society ....’groups in society ....’Checkway, B, (ed.), ‘Paul Davidoff and advocacy planning Checkway, B, (ed.), ‘Paul Davidoff and advocacy planning in retrospect’, in retrospect’, Journal of the American Planning Journal of the American Planning AssociationAssociation, Vol. 60 no. 2, Spring 1994, pp. 139-158., Vol. 60 no. 2, Spring 1994, pp. 139-158.

A short lesson from history …A short lesson from history …‘‘Planning is a prime example of Planning is a prime example of the need for this participation, for the need for this participation, for it affects everybody. People it affects everybody. People should be able to say what kind should be able to say what kind of community they want and how of community they want and how it should develop: and should be it should develop: and should be able to do so in a way that is able to do so in a way that is positive and first-hand. It positive and first-hand. It matters to us all that we should matters to us all that we should now that we can influence the now that we can influence the shape of our community so that shape of our community so that the towns and villages in which the towns and villages in which we live, work, learn and relax we live, work, learn and relax may reflect our best aspirations.may reflect our best aspirations.Ministry of Housing & Local Govt et al, Ministry of Housing & Local Govt et al, People and PlanningPeople and Planning, HMSO, 1969, HMSO, 1969


‘‘why has the public made so why has the public made so little impact on the content of little impact on the content of plans?plans?

Most authorities have been far Most authorities have been far more successful in informing more successful in informing the public than in involving the public than in involving them. Publicity – the first step them. Publicity – the first step – is comparatively easy. To – is comparatively easy. To secure effective participation secure effective participation is much more difficult.’is much more difficult.’Ministry of Housing & Local Govt et al, Ministry of Housing & Local Govt et al, People and PlanningPeople and Planning, HMSO, 1969, HMSO, 1969

A short lesson from history …A short lesson from history …‘‘Over the years, the planners Over the years, the planners have carefully cultivated the have carefully cultivated the image of detached image of detached professionals doing a technical professionals doing a technical job involving no value job involving no value judgements for the good of judgements for the good of society at large. But conflicts society at large. But conflicts inside and outside the inside and outside the profession have shattered the profession have shattered the notion of apolitical planning. notion of apolitical planning. … Even the RTPI journal now … Even the RTPI journal now carries long articles on the carries long articles on the ideology of planning.’ideology of planning.’Muller, M, ‘Put Planners on the Dole’, Muller, M, ‘Put Planners on the Dole’, Time OutTime Out, October 4, 1974, pp.11-13, October 4, 1974, pp.11-13

Have we learnt the lessons from history?Have we learnt the lessons from history?

Yes – Yes – in defining sustainable communitiesin defining sustainable communities• WELL RUNWELL RUN• WELL SERVEDWELL SERVED• FAIR for FAIR for

EVERYONEEVERYONE• ACTIVE, ACTIVE,

INCLUSIVE and INCLUSIVE and SAFESAFE

Yes –Yes – setting a social agenda for planning setting a social agenda for planning‘‘Plan policies should:Plan policies should:•ensure that ensure that the impact of the impact of development on the social fabric development on the social fabric of of communities is considered and communities is considered and taken into account;taken into account;

•seek to seek to reduce social inequalitiesreduce social inequalities•address accessibility address accessibility … for all … for all members of the community to jobs, members of the community to jobs, health, housing, education, shops, health, housing, education, shops, leisure and community facilities;leisure and community facilities;

•take into account the needs of all take into account the needs of all the communitythe community, including..relating , including..relating to age, sex, ethnic background, to age, sex, ethnic background, religion, disability or income;religion, disability or income;

Yes – Yes – in being positive about engagementin being positive about engagement

• ‘‘as I travel around the country … I see in social as I travel around the country … I see in social enterprise, in local environmental action, in new enterprise, in local environmental action, in new forms of neighbourhood engagement and in non-forms of neighbourhood engagement and in non-governmental organisations a new Britain that is governmental organisations a new Britain that is being born. A Britain that we must recognise and being born. A Britain that we must recognise and celebrate.’ celebrate.’ Rt. Hon. Gordon Brown MP, speech to NCVO, 3Rt. Hon. Gordon Brown MP, speech to NCVO, 3rdrd Sept. 2007 Sept. 2007

Yes – Yes – moving from participation to deliverymoving from participation to delivery

‘‘we want to move to the next we want to move to the next stage in the process – stage in the process – enhancing the power of enhancing the power of communities and communities and helping helping people up and down the people up and down the country to set and meet their country to set and meet their own prioritiesown priorities. In this way we . In this way we strengthen local democracy strengthen local democracy by increasing participation.’by increasing participation.’Foreword by the Prime Foreword by the Prime MinisterMinisterDCLG (2008) Communities in DCLG (2008) Communities in Control: Real people, real Control: Real people, real power, DCLGpower, DCLG

Yes – Yes – in signing the Aarhus Conventionin signing the Aarhus ConventionIn order to contribute to the In order to contribute to the protection of the right of every protection of the right of every person of present and future person of present and future generations to live in an generations to live in an environment adequate to his or environment adequate to his or her health and well-being, each her health and well-being, each Party shall guarantee the rights Party shall guarantee the rights of access to information, public of access to information, public participation in decision-making, participation in decision-making, and access to justice in and access to justice in environmental matters in environmental matters in accordance with the provisions accordance with the provisions of this Convention. of this Convention. Convention on Access to Information, Convention on Access to Information,

Public Participation in Decision-making and Public Participation in Decision-making and Access to Justice in Environmental MattersAccess to Justice in Environmental Matters done at Aarhus, Denmark, on 25 June 1998done at Aarhus, Denmark, on 25 June 1998

Yes – Yes – as part of a wider agendaas part of a wider agendaMany authorities are reporting Many authorities are reporting the positive benefits from the positive benefits from combining consultation combining consultation activities for the preparation of activities for the preparation of both the SCS and the LDF Core both the SCS and the LDF Core Strategy. LDFs have to contain a Strategy. LDFs have to contain a ‘Statement of Community ‘Statement of Community Involvement’ but this can now Involvement’ but this can now be developed as part of a be developed as part of a broader consultation strategy broader consultation strategy under the auspices of the LSP. under the auspices of the LSP. There are strong linkages to the There are strong linkages to the new statutory ‘duty to involve’ new statutory ‘duty to involve’ coming into force in April 2009.coming into force in April 2009.

Yes – Yes – as part of a wider agendaas part of a wider agenda

Yes – Yes – as part of a wider agendaas part of a wider agenda

““Our equality work should deal with Our equality work should deal with mainstream issues. So when the mainstream issues. So when the government's welcome plan to government's welcome plan to build 3 million more homes and five build 3 million more homes and five new eco-towns by 2020 is put into new eco-towns by 2020 is put into practice, good relations must be practice, good relations must be the heart of the design of those the heart of the design of those homes and those towns - so that homes and those towns - so that they become mixed communities they become mixed communities that bring people together rather that bring people together rather than drive them apart.”than drive them apart.”Trevor Phillips, the Equality and Trevor Phillips, the Equality and Human Rights Commission, 20 April Human Rights Commission, 20 April 2008 2008

Yes – Yes – in redefining professionalismin redefining professionalism‘‘The The New VisionNew Vision sees sees planning as an activity planning as an activity undertaken by society undertaken by society as a whole: an activity as a whole: an activity that requires the active that requires the active participation of all the participation of all the people, communities people, communities and interests involved and interests involved – an activity facilitated, – an activity facilitated, but not owned, by but not owned, by professional planners.’professional planners.’RTPI, RTPI, A New Vision for A New Vision for PlanningPlanning, 2000, 2000

Yes – Yes – in changing the cultures of planningin changing the cultures of planning

Yes – Yes – in making involvement a duty in making involvement a duty (1) A principal local authority (1) A principal local authority has a duty to promote has a duty to promote understanding of the following understanding of the following among local people—among local people—

(a) the functions of the (a) the functions of the authority;authority;

(b) the democratic (b) the democratic arrangements of the authority;arrangements of the authority;

(c) how members of the public (c) how members of the public can take part in those can take part in those democratic arrangements and democratic arrangements and what is involved in taking part.what is involved in taking part.

Yes – Yes – in making involvement a duty in making involvement a duty

““democratic arrangements” democratic arrangements” means arrangements for means arrangements for members of the public to members of the public to participate in, or influence, participate in, or influence, the making of decisions;the making of decisions;

““local people”, in relation to local people”, in relation to a principal local authority, a principal local authority, means people who live, means people who live, work or study in the work or study in the authority’s area.authority’s area.

No?No?

No?No?… … the consultation exercise the consultation exercise was very seriously flawed. … was very seriously flawed. … The purpose of the 2006 The purpose of the 2006 Consultation Document as part Consultation Document as part of the process of "the fullest of the process of "the fullest public consultation" was public consultation" was unclear. As the consultation unclear. As the consultation paper on an issue of such paper on an issue of such importance and complexity it importance and complexity it was manifestly inadequate. It was manifestly inadequate. It contained no proposals as contained no proposals as such, and even if it had, the such, and even if it had, the information given to consultees information given to consultees was wholly insufficient to was wholly insufficient to enable them to make "an enable them to make "an intelligent response".intelligent response".

No?No?A number of LPAs suggested A number of LPAs suggested that "that "representative groups can representative groups can have their own agenda and are have their own agenda and are unlikely to move from their unlikely to move from their stance", stance", another LPA another LPA respondent said: respondent said: "consulting "consulting with community groups and with community groups and individuals is riddled with individuals is riddled with difficulties of the lack of clarity difficulties of the lack of clarity regarding the motives of regarding the motives of particular individuals for seeking particular individuals for seeking to influencing the planning to influencing the planning process and the legitimacy of a process and the legitimacy of a community group."community group."

Evaluation of the Processes used to Develop National Planning Policy in Wales, August 2007, ECOTEC

No?No?

Planning officers and Planning officers and councillors were poor at councillors were poor at interpreting the local interpreting the local views. On all three views. On all three applications, the applications, the planning officers’ or the planning officers’ or the councillor’s councillor’s interpretation of local interpretation of local sentiment was at odds sentiment was at odds with what we found with what we found when we tested it.when we tested it.

No?No?‘… ‘… the tenor of government the tenor of government documents and much of the documents and much of the academic literature, which makes academic literature, which makes reference to communities, is reference to communities, is suggestive of a force for good and suggestive of a force for good and of untapped creative energy. of untapped creative energy. However, it is vital if the positive However, it is vital if the positive potential is to be harnessed and potential is to be harnessed and released that the real world of released that the real world of local communities is understood, local communities is understood, rather than basing policy and rather than basing policy and theory on an overly romanticised theory on an overly romanticised notion of ‘community’.’notion of ‘community’.’Campbell, H, ‘The Darker Side of Local Campbell, H, ‘The Darker Side of Local Communities: Is this the Communities: Is this the Real WorldReal World of Planning?, of Planning?, Planning Theory & PracticePlanning Theory & Practice, Vol.6, No.4, Dec. , Vol.6, No.4, Dec. 2005, pp. 517-5192005, pp. 517-519

Have we learnt the lessons from history?Have we learnt the lessons from history?

Three tests:Three tests:• Major Major

infrastructureinfrastructure• Third Party Third Party

Rights of Rights of AppealAppeal

• InternationalInternational

Major infrastructureMajor infrastructure

We hereby give We hereby give notice that a notice that a planning planning application has application has been made for a been made for a development you development you won’t like on this won’t like on this hitherto protected hitherto protected area. You can area. You can object but your object but your views will not count views will not count for much. We need for much. We need it, it’s going to it, it’s going to happen and that’s happen and that’s that. Thank you. that. Thank you. Have a nice day. Have a nice day.

Major InfrastructureMajor InfrastructureLocal people have a vital role to Local people have a vital role to play at the pre application stage. play at the pre application stage. People should have as much People should have as much influence and ownership as is influence and ownership as is realistic and possible over the realistic and possible over the decisions and forces which shape decisions and forces which shape their lives and communities, and it their lives and communities, and it is therefore critical that they are is therefore critical that they are engaged at an early stage by engaged at an early stage by promoters. Because they live and promoters. Because they live and work in the affected area, local work in the affected area, local people are particularly well placed people are particularly well placed to comment on what the impact of to comment on what the impact of proposals on their local proposals on their local community might be.community might be.

Major InfrastructureMajor InfrastructureIn turn, in order for the process to In turn, in order for the process to be effective, local people will need be effective, local people will need to take the opportunities arising to take the opportunities arising from consultation and engage from consultation and engage with promoters. Local people will with promoters. Local people will need to consider proposals need to consider proposals carefully, identify impacts on carefully, identify impacts on themselves or on their themselves or on their communities, and then make their communities, and then make their views known to promoters in a views known to promoters in a timely manner. By doing so, timely manner. By doing so, communities will be able to communities will be able to exercise greater influence over exercise greater influence over proposals affecting their area than proposals affecting their area than they have had before.they have had before.

Major InfrastructureMajor Infrastructure

To help local communities To help local communities understand and engage with understand and engage with the planning process, the planning process, Government has provided Government has provided extra funding for Planning extra funding for Planning Aid, which provides free, Aid, which provides free, independent and independent and professional planning advice professional planning advice and support to communities and support to communities and individuals who cannot and individuals who cannot afford to pay planning afford to pay planning consultant fees.consultant fees.

Third Party Rights of AppealThird Party Rights of Appeal

Third Party Rights of AppealThird Party Rights of Appeal‘‘It is submitted that the lack of a third party It is submitted that the lack of a third party right of appeal ... is contrary to article 9(2) right of appeal ... is contrary to article 9(2) of the Aarhus Convention in that the of the Aarhus Convention in that the Government should “ensure that members Government should “ensure that members of the public concerned having a sufficient of the public concerned having a sufficient interest ... have access to a review interest ... have access to a review procedure before a court of law or an procedure before a court of law or an independent and impartial body to independent and impartial body to challenge the substantive and procedural challenge the substantive and procedural legality of any decision.”’legality of any decision.”’Stookes, P, and Razzaque, J, ‘Community participation: Stookes, P, and Razzaque, J, ‘Community participation: UK planning reforms and international obligations,’ UK planning reforms and international obligations,’ Journal of Planning & Environment LawJournal of Planning & Environment Law, July 2002, pp. , July 2002, pp. 786 - 795.786 - 795.

Third Party Rights of AppealThird Party Rights of Appealwww.bbc.co.uk 29www.bbc.co.uk 29thth June 2005 June 2005

The Scottish National Party's Sandra The Scottish National Party's Sandra White questioned Mr Chisholm's White questioned Mr Chisholm's decision to ignore the public's call decision to ignore the public's call for a right of appeal. She asked: for a right of appeal. She asked: "You rule out third party right of "You rule out third party right of appeal even though your own appeal even though your own consultation document has 86% of consultation document has 86% of respondents in favour of a third respondents in favour of a third party right of appeal. party right of appeal.

"Would you not agree with me "Would you not agree with me minister that you do a great minister that you do a great disservice to the majority of the disservice to the majority of the public out there who support some public out there who support some form of third party right of appeal?" form of third party right of appeal?"

Third Party Rights of AppealThird Party Rights of AppealThe conclusion that will be The conclusion that will be reflected in the consultation reflected in the consultation paper is that the case for third paper is that the case for third party appeals has not been party appeals has not been proven. They would not proven. They would not contribute to the objectives of contribute to the objectives of planning reform/RPA, would be planning reform/RPA, would be expected to be detrimental to the expected to be detrimental to the anticipated outcomes of anticipated outcomes of planning reform, and are not a planning reform, and are not a necessary feature of the necessary feature of the Northern Ireland planning Northern Ireland planning system following planning system following planning reform and the transfer of reform and the transfer of planning functions to Councils. planning functions to Councils.

Global PlanningGlobal Planning


‘‘We assert that there can be We assert that there can be no sustainable no sustainable development without development without sustainable urbanisation sustainable urbanisation and no sustainable and no sustainable urbanisation without urbanisation without effective planning: political effective planning: political will and investment is will and investment is required for effective required for effective planning.’planning.’

Global PlanningGlobal Planning• Ten Principles of New Urban Planning Ten Principles of New Urban Planning

contained in contained in Reinventing Planning Reinventing Planning 20062006• 1. Sustainability 1. Sustainability • 2. Integrated Planning. 2. Integrated Planning. • 3. Integrated with Budgets 3. Integrated with Budgets • 4. Planning with Partners 4. Planning with Partners • 5. Subsidiarity 5. Subsidiarity • 6. Market Responsiveness 6. Market Responsiveness • 7. Access to Land 7. Access to Land • 8. Appropriate Tools 8. Appropriate Tools • 9. Pro-poor and Inclusive 9. Pro-poor and Inclusive • 10. Cultural Variation 10. Cultural Variation

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Global PlanningGlobal PlanningThe UNESCO UN-HABITAT The UNESCO UN-HABITAT project, launched in March project, launched in March 2005, seeks to forge 2005, seeks to forge consensus amongst local consensus amongst local authorities and others on authorities and others on public policy and legislation public policy and legislation that combines urban that combines urban development with local development with local democracy, good democracy, good governance and citizenship, governance and citizenship, to stimulate equitable urban to stimulate equitable urban development and celebrate development and celebrate the cultural diversity of the cultural diversity of cities.cities.Brown, A and Kristiansen, A (2008) Brown, A and Kristiansen, A (2008) Urban Policies Urban Policies and the Right to the City: Rights, responsibilities and the Right to the City: Rights, responsibilities and citizenshipand citizenship, UNESCO, UNESCO


f) We shall seek social justice by working to f) We shall seek social justice by working to expand choice and opportunity for all persons, expand choice and opportunity for all persons, recognizing a special responsibility to plan for recognizing a special responsibility to plan for the needs of the disadvantaged and to promote the needs of the disadvantaged and to promote racial and economic integration. We shall urge racial and economic integration. We shall urge the alteration of policies, institutions, and the alteration of policies, institutions, and decisions that oppose such needs. decisions that oppose such needs. Code of the American Institute of Certified Planners/ Code of the American Institute of Certified Planners/ American Planning Association 1American Planning Association 1stst June 2005 June 2005

Less Haste – More SP=EEDLess Haste – More SP=EED

What is the purpose of What is the purpose of seeking public engagement? seeking public engagement? Is it:Is it:•To give information; orTo give information; or•To give information and to To give information and to consult and listen to views; consult and listen to views; oror•To give information and to To give information and to consult and listen to views, consult and listen to views, and to work with and to work with communities as partners, in communities as partners, in appropriate situations?appropriate situations?

Less Haste – More SP=EEDLess Haste – More SP=EEDSherry Arnstein’s Sherry Arnstein’s Ladder of Citizen ParticipationLadder of Citizen Participation 1969 1969

Citizen ControlCitizen Control

Delegated PowerDelegated Power

PartnershipPartnership

PlacationPlacation

ConsultationConsultation

InformingInforming

TherapyTherapy

ManipulationManipulation

Degrees of Degrees of Citizen Citizen PowerPower

Degrees of Degrees of TokenismTokenism

Non Non participationparticipation

[email protected]@spatialeffects.co.uk

Planning Aid Nat Conf 07.04.09

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Transcript of Planning Aid Nat Conf 07.04.09