Planning

In the news…

• Wind farms – govt. to end subsidies • HS2 • Boris Island • Housing shortage – affordable homes• Ebbsfleet ‘Garden City’ plan for 15k homes

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