PLANNING REFORM IN ENGLAND

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Tony Thompson MRTPI, ARICS, CMILT

Planning Directorate, Department for Communities and Local Government, London

4 July 2014

Key Reform Objectives

Improved performance

Engaged communities

Positive approach & supporting growth

Simpler policy & procedures

NPPF and Guidance Review

Presumption in favour of

sustainable development

Growth and Infrastructure Act

Localism Act

Strong protections still in place

Unblocking stalled sites

Tackling LA poor

performance

Neighbourhood Planning

Regional Strategy

revocation

Robust Evidence of

need and 5 year land supply

Duty to cooperate

SimpleLocal Positive

Proportionate Effective

Overview of reforms

Deregulation and

Simplification

Information requirements

Speeding up appeals

Award of costs

Permitted development

rights

Streamlined guidance

1300 pages of policy down to less than 50

Major InfrastructureSection

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Use Class Order

Statutory consulteesCommunity

Infrastructure Levy

Key reforms

National Planning Policy Framework & GuidanceProviding a positive framework for sustainable growth

Localised plan makingStrengthening local engagement and buy in for development

Streamlined decision makingSimplifying the process from end to end

A new consent regime for national infrastructureEnsuring a more efficient process for delivering key projects

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Division of responsibility

• Central Government – Legislation (Primary and Secondary); and– Policy and Guidance.

• Local Government – Plan making; and– Decision taking

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Planning Applications & Decisions

(LAs)426,000

Neighbourhood Plans

NDO

(Optional)

Local Plan OUTCOMES Yes

Appeals & Decisions

(PINS)15,000

No

SoS Recovered

Appeals200

Plan Making

a

S of Scall-incases10-20

Decision taking

Overview of the planning system

National Policy and Guidance

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National Planning Policy Framework Key policy – presumption in favour of sustainable development

National Planning Policy Framework & Guidance

For decision-taking this means:

● approving development proposals that accord with the development plan without delay; and

● where the development plan is absent, silent or relevant policies areout‑of‑date, granting permission unless:

– any adverse impacts of doing so would significantly and demonstrablyoutweigh the benefits, when assessed against the policies in thisFramework taken as a whole; or

– specific policies in this Framework indicate development should berestricted

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Planning Practice Guidance

Visit the site here: http://planningguidance.planningportal.gov.uk/

Localised plan making

Plan led approach remains the heart of planning system•Ensures community engagement and buy in•Sets levels of growth and development – housing and employment•Allocates land for new development•Defines specific areas of protection – eg Green Belt, conservation areas, flood risk management areas•Establishes principles for development eg design, density energy efficiency , sustainable waste and transport•Includes Proposals Map

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Progress on getting Local Plans in place

Neighbourhood Planning

Builds on long tradition of community planning and existing requirements to consult

Proportionate & robust: real power & safeguards

Set within a wider strategic context

Pro-growth: enabling community supported development

Additional, not replacing existing planning tools

Cultural change and power shift

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Thame Neighbourhood Plan

• 1st to allocate sites for new homes and

businesses

• 76% ‘yes’ vote

• 40% turnout

• 775 new homes

• New transport links

• Supporting high streets

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Streamlined decision taking

Does it need permission?

Pre-application stage Application stage Post-application

Taken wholly or partially out of the system:

Offices to residential

Residential / commercial extensions

Agricultural building conversions

Broadband equipment

State-funded schools

Flats over shops

Temporary uses

Legal requirement for information requested

to be reasonable

Local lists must be updated every 2 years

Cut design & access statement requirements

Simpler requirements at ‘outline’ stage

Ability to appeal against non-validation

Guidance on more proportionate PPAs

Planning guarantee (fee refund if no decision in

26 weeks)

Designation of under-performing authorities

Scrapped need to give reasons for approval

Replaced by need to demonstrate positive

approach

Faster planning appeals

Strengthened awards of costs at appeal

Penfold – rationalisation of related consents

13 week limit for related consent decisions

Underpinned by:

NPPF (including presumption in favour & stronger approach to housing land); wholesale review of guidance; inflation-related fee increase for planning authorities; improvement plans for stat cons

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Speed of planning decisions

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• Approval of planning applications – 88% a ten year high

•175,000 residential units approved 2013 - 50% higher than the figure approved in 2011 and pace of consents remains high Q1 2014

•Annual housing starts totalled 122,590 in 12 months to December 2013 – 23% higher than previous year

•Permitted development changes stimulating extra activity

•Fewer developers citing planning as a delay

Wider impacts of reforms

Energy

Transport

Water Waste water Waste

A new consent regime for national infrastructure

Key steps in process

The Inspectorate has 28 days to decide whether the application meets the required

standards to proceed to examination including whether the

adequate.

The application process the six steps

Pre-Application Acceptance Pre-Examination Examination Decision Post Decision

There is an opportunity for legal challenge

Interested parties make their detailed comments. They can request to speak at public hearings. The Inspectorate has 6

months to carry out the examination

relevant Secretary of State will be issued by the Inspectorate within

3 months of the close of the examination. The Secretary of

State then has a further 3 months to issue a decision on the

proposal.

this stage, people who register will be informed of progress and

will be given further opportunities to put their case.

Inspectors will hold a preliminary meeting and set the

timetable for examination.

The promoter makes information available in the local media and in public places near the

location of the proposed project. The developer at this point will be consulting on their proposal

and will still be shaping their project.Consultation will influence the final submission. Where feedback cannot be taking on board the

developer must explain why this is the case.

The regime is working - Hinkley Point C

National Policy StatementSite identified in Nuclear Power Generation NPS

FrontloadingPre-application consultation Nov 2009 to Aug 2011.

EDF engaged over 6500 stakeholders

Predominantly written representations

Kept to statutory timescaleApplication submitted Nov 2011Examination March to Sep 2012

Decision March 2013

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Email: tony thompson@communities.gsi.gov.uk

Telephone: +44(0)303 444 1723