Parish Council Planning Training: Agenda

1. Parish Council Planning Training: Agenda 6pm Welcome & Introductions (Quiz) 6.05-6.20pm Why Plan and what the ‘rules’?  6-45 -7.05 Planning Policy - the context for decision making.7.05-7.20 Questions7.20 – 8.05 Workshops: Case Studies 8.05 – 8.15 Salient points 8.15 – 8.30 Questions ( and quiz answers)

2. Objectives • To provide an overview and a basic understanding of • The purpose of the town and country planning system; • Permitted development; • Primacy of the development plan; • Issues that can and cannot be taken into account; • The role of parish councils; • The role of planners; • The decision-making process for planning applications; • Consequences and risks of planning decisions; • Section 106 Agreements ( briefly as separate session on this topic) • :

3. Why Plan? • It is ensures that the right development takes place in the right place at the right time; • It balances economic, social and environmental needs • (sustainable development); • It provides legitimacy through effective consultation and testing of evidence; • It delivers change on the ground; • It shapes our settlements to meet identified needs and helps to protect the wider countryside for its own sake; • It is a system for managing development positively in the public interest, and not in a controlling or regulatory way.

4. ‘The Rules’: Presumption in Favour • At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking. • NB On-line Planning Practice Guidance (PPG) • 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with the development plan without delay; and • where the development plan is absent, silent or relevant policies are out of date, granting permission unless: • any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or • specific policies in this Framework indicate development should be restricted • (National Planning Policy Framework (NPPF), paragraph 14)

5. Other operations, …………in, on, over or under land; Material change in the use of any land and buildings What needs Planning Permission?What is Development? • The Town & Country Planning Act 1990 (as amended) defines the meaning of development (S.55). Activities classed as development include: • Building operations, • Engineering operations and Mining operations, • Other operations………in, on, over or under land; • Material change in the use of any land and buildings NB Certain activities do not involve development and are therefore beyond the local authority’s control, such as: • Moveable structures which are not building operations and do not involve a change of use; • Internal alterations, or works that do not materially affect the external appearance of a building • Use of land or buildings for agriculture.

6. Permitted Development • Building works • Certain building projects do not require planning permission from the council because they are permitted by planning legislation (aka permitted development). http://www.planningportal.gov.uk/permission/ • Change of Use • Planning legislation puts uses of land and buildings into various categories (known as 'Use Classes’) and permits certain changes of use without planning permission from the council. http://www.planningportal.gov.uk/permission/commonprojects/changeofuse/ • Prior Approval • Some of these permitted development rights require the council’s prior approval (a ‘light touch’ review of proposals with limited factors that can be considered). • For further information, visit www.planningportal.gov.uk

7. Local Plan – sets the context for making decisions • Allocates land for development • Includes policies for determining planning applications

8. Adopted Plans 2007-2010 • Local Development Framework (LDF) – for period 1999-2016 • Core Strategy • Development Control Policies • Site Specific Policies • Area Action Plans – Northstowe, Cambridge Southern Fringe, Cambridge East, North West Cambridge

9. Draft Local Plan Strategy, policies and site allocations seeking to deliver the Council’s vision that: ‘South Cambridgeshire will continue to be the best place to live, work and study in the country. Our district will demonstrate impressive and sustainable economic growth. Our residents will have a superb quality of life in an exceptionally beautiful, rural and green environment.’

10. Draft Local Plan • For period 2011-2031 • 19,500 new homes • 22,000 new jobs

11. Draft Local Plan • Limited additional development on the edge of Cambridge • Two further new settlements • Waterbeach New Town • Bourn Airfield New Village

12. Independent Examination • Submitted Local Plan March 2014 • Examination taking longer than expected • Hearings expected to run into mid 2017 • Modifications consultation likely autumn 2017 • Inspectors’ Report to follow • Adoption around end 2017

13. Five year supply of housing land • Requirement from NPPF to boost housing supply • Local Plan key in providing rolling 5 year supply • Council cannot currently show a 5 year supply, meaning… • Housing supply policies considered out of date • For Council to assess weight to give to those policies • Test is whether a proposal would cause significant demonstrable harm • Resulting in speculative planning applications

14. Neighbourhood Plans • Introduced in Localism Act 2012 – community led initiative • Part of statutory development plan for district • Cannot promote less development than Local Plan • Must conform with strategic policies in Local Plan • Entitled to extra 10% Community Infrastructure Levy (CIL) if have neighbourhood plan

15. In South Cambridgeshire Ten neighbourhood areas designated where parish councils are preparing neighbourhood plans with support from SCDC, and more expected: • Linton and Hildersham parishes • Histon & Impington parishes - part of parishes • Gamlingay parish • Waterbeach parish • Cottenham parish • Foxton parish • West Wickham parish • Melbourn parish • Whittlesford parish • Great Abington parish - part of parish • Stapleford and Great Shelford parishes

16. Role of Planners Planners, often referred to as case officers, are employed by the Council to form balanced and impartial judgements, and to recommend planning applications for approval or refusal, taking into account: • representations made; • the development plan; • any other relevant material planning considerations; • risks and consequences of decisions made; The RTPI “Code of Conduct” states that planners must: • act with competence, honesty and integrity; • fearlessly and impartially exercise their independent professional judgement; • not make or subscribe to any statements or reports which are contrary to their bona fide professional opinions, and shall not knowingly enter into any contract or agreement which requires them to do so.

17. Role of Parish Councils • PCs are the tier of local government closest to the people; • They provide the local knowledge to supplement the decision-making process for planning applications; • There is a requirement to notify PCs of applications for planning permission and reserved matters; • PCs are notified at the same time as other consultation and publicity; • All representations must be taken into account when a decision is made; • PCs are sent a copy of decisions made in their parish;

18. Any questions?

19. Case Studies • Assess the three fictitious planning applications as if you were the case officer, focusing on the following questions: • What are the issues / impacts to consider? • Can any of these be controlled through conditions? • What would your recommendation be?

20. Scenario 1: • “Uttlington”

21. Scenario 2: • “Broxbourn”

22. Two detached dwellings on land to the rear of 7 Back Lane in the village of Uttlington • Scenario 3: • “Bexbury”

23. Two detached dwellings on land to the rear of 7 Back Lane in the village of Uttlington What are the issues/impacts to consider? Neighbour amenity Impact of construction activities and deliveries Visual impact Overbearing impact Impact upon the character of the area Can any of these be controlled by conditions? Secure and retain areas for parking within the site Control construction and deliveries Secure visibility splays Remove permitted development rights for additional windows What would your recommendation be? Probable refusal, impact upon the amenities of 7 Back Lane (vehicular movements) and overlooking of the garden of 9b Back Lane

24. Change of use of industrial building to soft play centre, land to the rear of 16a High Street in Broxbourn What are the issues/impacts to consider? Level of parking on site Neighbour amenity Highway safety   Can any of these be controlled by conditions? Secure and retain areas for parking Control hours of operation numbers of staff/children? Secure visibility splays Require a travel plan Details of boundary treatment Informative about play equipment Informative about signage   What would your recommendation be? Possible approval subject to increasing level of car parking on site and conditioning hours of use.

25. Rural exception site for twenty four dwellings on land to the north of Hampton Road in Bexbury What are the issues/impacts to consider? Does it meet the housing need of the village? Density Visual impact Highway safety Drainage and flooding Loss of hedge and PVAA status Can any of these be controlled by conditions? Landscaping scheme Control hours of deliveries/construction Secure visibility splays Agree means of protection for TPO’d trees What would your recommendation be? Potential refusal based on loss of PVAA and the Church Street highway access

26. Salient Points & Questions Material Planning Considerations? When we consult/inform Extending Deadlines Say what you mean!

27. Material Planning Considerations There is no definitive list of relevant (material) considerations. The Courts are the arbiters of what constitutes a material consideration. Examples include: • •Government planning policy and guidance (NPPF, NPPG) • •Planning legislation. • •Adopted and emerging local policy/guidance (e.g. neighbourhood plans, village design statements) • •Planning history/related decisions • •Permitted development • •Design, appearance and relationship with the surrounding area. • •Living conditions such as light, privacy, noise and odour. • •Highway safety (Somerset County Council Standing Advice) • •Biodiversity • •Impact on trees and the landscape • •Flood risk in identified areas at risk. • •Heritage assets such as listed buildings, conservation areas and archaeology • •The economy, including job creation/retention. • •Drainage and surface water run-off.

28. Irrelevant Considerations • The identity of the applicant or occupant, unless there are strong compassionate or personal grounds (e.g. gypsy sites, granny annexes) • Unfair competition (e.g. two restaurants vying for the same trade) • Boundary disputes • Breach of covenants and personal property rights (inc. private rights of way) • Loss of a private view. (Public views are relevant, e.g. views of an important landmark which may contribute to character and appearance of the area) • Devaluation of property • Matters controlled by other legislation (e.g. fire prevention) • Religious or moral issues • Retrospective applications

29. When we Consult / Inform • Planning/LB Applications – Consult 21 days • Amendments – Consult 14 days/Inform • LDC’s – Inform • Prior approvals – Inform • DOCs – No, unless previously raised as a concern to parish council

30. Extending Deadlines Yes we can (and do)! but We have targets!

31. Making your recommendations key points • start with policies in the Local Plan; • •consider any other relevant policy context, if necessary; • •recognise that certain issues are objectively assessed and require technical expertise; • •look at the application on its own merits, and in its particular context; • •give reasons for recommendation; • •do not refer to non-material considerations; • •contact your District Ward Councillor/s if you feel strongly about a particular recommendation.

32. Say what you mean! • Overdevelopment? • too many houses? • too much building/cramped on the site? • not enough space for landscaping, car parking? • Suggest alternatives? • Suggest conditions should the application be approved

33. Planning Conditions Planning permission can be granted subject to conditions; • Conditions can regulate a development (e.g. days/hours of use) or require further detail for approval (e.g. finished materials, landscaping, drainage); • Planning permission must not be refused if conditions can mitigate the harm identified by the proposed development (no matter how many conditions may be required); • Government tests for imposing conditions are: • –Necessary – refuse without, required by policy • –Relevant to planning – matters of non-planning legislation • –Relevant to the development permitted – cannot remedy current issues or problems • –Enforceable – must be possible/practical to detect a breach • –Precise – clear about what is required and include triggers for action • –Reasonable in all other respects • Officers have a list of ‘standard’ conditions imposed on permissions.

34. Planning Appeals • Applicants have a right of appeal against refusal of permission, conditions or non-determination. • •Appeals are heard by way of written representations, informal hearing or public inquiry. • •Appeals are determined by an Inspector appointed by the Secretary of State. • •The Planning Inspectorate in Bristol administers the appeals process. • •The Inspector will determine the appeal based on the proposal considered by the council and any comments made. • •The Appellant and LPA submits a statement of evidence to support their cases, and third parties can make further representations. • •Each party is expected to meet their own costs; • •A party’s appeal costs can, however, be awarded by an Inspector where there has been unreasonable behaviour

35. Any Questions?