The Planning System for Development Control

1. The Planning System for Development Control

2. References www.planning.odpm.gov.uk/ www.wales.gov.uk/subiplanning/ A FARMER'S GUIDE TO THE PLANNINGSYSTEM Department of the Environment, Welsh Office, Ministry of Agriculture, Fisheries and Food. 1992 www.planning.odpm.gov.uk/farmguid/

3. The Planning System • The planning system is designed to regulate the development and use of land in the public interest

4. Planning Control • Decisions on individual planning applications by the local authority must take account of:- • Primary Legislation • Secondary Legislation • National Policy Guidance (PPG) • Technical Advice Notes (TAN) • Local Development Plan • Material Considerations HIERARCHY

5. Primary Legislation • Town and Country Planning Act 1990 • Planning (Listed Buildings and Conservation Areas) Act 1990 • Planning (Hazardous Substances) Act 1990 • Planning and Compensation Act 1991

6. Secondary Legislation • Statutory Instruments • General Development Orders

7. Material considerations "In principle...any consideration which relates to the use and development of land is capable of being a planning consideration. Whether a particular consideration falling within that broad class is material in any given case will depend on the circumstances“ Stringer v MHLG 1971

8. Material considerations • Courts are the arbiters of what constitutes a material consideration • Include:- • number, size, layout, siting, design and external appearance of buildings • proposed means of access • landscaping • impact on the neighbourhood • availability of infrastructure • Government statements of planning policy are material considerations • Draft policy statements and guidance can be regarded as material considerations

9. Development plans • Structure plans • county councils • strategic policy framework for local plans • Local plans • district councils and national park authorities • Unitary Development plans • unitary authorities

10. Development plans • Public documents • Policy framework for 10-15 years

11. Development plans • Legislation (Section 54A of the Town and Country Planning Act 1990) requires that decisions made should be in accordance with the development plan unless material considerations indicate otherwise.

12. Prematurity • Planning permission can be refused on grounds of prematurity where a development plan is being prepared or is under review, but it has not yet been adopted.

13. Supplementary planning guidance • Golf • Wind farms

14. Development envelope • Policy to constrain development outside line

15. Special planning policies • National Parks • Areas of Outstanding Natural Beauty • Sites of Special Scientific Interest • Green Belts

16. Decisions on applications

17. Decisions on applications • Planning decisions can be “called in” by • Secretary of State (England) • Welsh Assembly • Scottish Parliament • Reasons:- • may conflict with national policies on important matters; • could have significant effects beyond their immediate locality; • give rise to substantial regional or national controversy; • raise significant architectural or urban design issues; or • may involve the interests of national security, or of foreign Governments

18. Mineral Planning • Decision taken by County Council or Unitary Authority

19. Do you need planning permission? • Planning permission is usually required unless the development constitutes • use of land for agriculture or forestry • permitted by Town and Country Planning General Development Order 1992-

20. Definition of Development TOWN AND COUNTRY PLANNING ACT 1990 “….Carrying out of building, engineering, mining and other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land….” with the exception of “….Land used for the purpose of agriculture or forestry….”

21. Planning permission not required • Internal alterations • Outside repair and maintenance • Demolition

22. Environmental Impact Assessment (EIA) • Developer required to carry out a systematic analysis of the predicted effects of the project on the environment • European Directive (85/33/EEC as amended by 97/11/EC) • Prepares an Environmental Statement • Required on pig/poultry farms where environmental effect is significant

23. Agricultural and Forestry dwellings • Isolated development in countryside when proximity to place of work essential • Outside the development envelope • Planning permission required • Restricted occupancy

24. Agricultural and Forestry dwellings • Tight criteria need to be met before permission granted • Functionality test • Is there an absolute need for the worker to be housed at the place of work? • Financial test • Is the agricultural/forestry unit financially viable?

25. Occupancy condition “The occupation of the dwelling shall be limited to a person solely or mainly working, or last working, in the locality in agriculture or in forestry, or a widow or widower of such a person, and to any resident dependants."

26. Agricultural and Forestry dwellings • Reference The Countryside - Environmental Quality and Economic and Social Development (PPG 7) Annex I

27. Development Involving Horses • A planning application is normally required for the use of land for keeping horses and for equestrian activities, unless they are kept as livestock or the land is used for grazing (no exercise or recreation)

28. Development involving horses • Reference The Countryside – Environmental Quality and Economic and Social Development (PPG 7) Annex F

29. Making a planning application • consult authority beforehand (officers) • neighbours viewpoint • effect on community

30. Type of application • OUTLINE planning permission • FULL planning permission

31. Plans and illustrations • Site location plan • Boundary and other controlled land • Existing buildings, trees, roads and access points • On-site location • FULL DETAILS REQUIRED FOR FULL APPLICATION

32. After an application • Entered on the planning register • Publicise application • on-site • neighbour notification • newspaper

33. Consultation • Community councils • Highway authority • Environment Agency • Anyone can express a viewpoint • 8 week determination period unless extended

34. Determination Site Meeting Application recommendation Planning Committee Consultation Officer viewpoint 80% successful Permission refused Permission granted 30% successful Appeal to Inspector Public or Private inquiry

35. Permission granted • Convert OUTLINE planning permission to FULL planning permission • submit detailed plans • accepted under “reserved matters” • Material commencement within 5 years

36. Planning Conditions • Permission granted subject to conditions • Key test - planning permission would have to be refused if the condition were not imposed • Conditions must be • necessary • relevant to planning • relevant to the development • enforceable • precise • reasonable

37. Planning obligations • Section 106 TCPA 1990 • Restrict development or use of land • Require operations or activities to be carried out • Require land to be used in a specified way • Require payments to authority

38. Planning obligations - examples • Positive • Require housing developer to install playing fields in residential development • Install park furniture • Install a cycle path • Negative • Forbid sale of agricultural dwelling separately from attached land • Prevent development being occupied before certain highway works have been completed

39. Plans • Plans cannot be changed once permission has been granted without a further application.

40. Refusing an application • Applicant can appeal to the • Department of Transport, Environment and the Regions • Welsh Assembly • Scottish Parliament • Appeal must be lodged within 6 months

41. Right to appeal • Planning permission refused • Conditions imposed you cannot or do not wish to accept • Fail to make a decision within an 8 week period or whatever extended period agreed with authority

42. Planning appeals • A third of all appeals are successful • 6 week process Planning Inspector inquiry Determination

43. Permitted development rights • General Development Orders • Specific planning permission NOT required

44. Permitted development rights • Use of land (not buildings) for any purpose (other than caravan site) • maximum 28 days • clayshooting • wargames • maximum 14 days • vehicle racing • markets • There are no permitted rights on SSSI

45. Permitted development rights • Building, excavation, engineering for agricultural purposes on holdings > 5ha

46. Permitted rights do not apply if • erection or extension of dwelling • within 400m of a dwelling • mineral removed from holding

47. Permitted rights do not apply if • separate land parcels <1ha • development > 465m2 • construction height >12m ( 3m within 3 km of airfield) • within 25 m of classified/trunk road