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The Planning System: An Overview

Learn about the UK planning system, its history, objectives, and key policies at national, regional, and local levels to guide sustainable development in the public interest.

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The Planning System: An Overview

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  1. The Planning System:An Overview Tim Halley and Josef Balodis

  2. What is Planning?

  3. What is planning? • A system to protect the environment from inappropriate development • Makes decisions in the Public Interest • In the UK, decisions made in context of policies and allocations set out at National, Regional (?) and Local level….A Plan-led system

  4. What is Planning? “Planning shapes the places where people live and work and the country we live in. It plays a key role in supporting the Government’s wider social, environmental and economic objectives and for sustainable communities.”(PPS1)

  5. Objectives and Purpose of Planning Guide and Direct Development (Forward Planning) Policy and Development Plan making and Control and Restrict Development (Development Control) Application determination and compliance • Sustainable Development Objectives • social progress • high and stable levels of economic growth • effective protection of the environment • prudent use of natural resources Public Interest

  6. Aims to achieve…the right development, in the right place, at the right time

  7. History of the UK Planning System Ebenezer Howard’s Garden City

  8. History of the UK Planning System • Originated from the industrial and agricultural revolutions that began in 1700’s • Clean Air Acts and Garden City Movements of early 1900’s • 1947 Town and Country Planning Act…Planning comes of age in UK • 1990 Town and Country Planning Act • 2004 The Planning and Compulsory Purchase Act • 2008 Planning Act

  9. UK Planning Policy Framework

  10. UK Planning Policy Framework National Level Regional Level Local Level Regional + Local Policy = Development Plan

  11. The Planning Acts National Planning Legislation Planning Policy Statements (PPS) Minerals Policy Statements (MPS) National Policy Statements (NPS) National Planning Policy Regional Spatial Strategy (RSS) Local Development Framework (Waste & Minerals) UK Planning Policy Framework

  12. National Level UK Planning Policy Framework Regional Level Local Level

  13. National Legislative Framework • UK Government – sets the national legislative framework and Primary Acts as well as sub-ordinate legislation (Regulations) • Primary Acts: Town and Country Planning Act 1990, Planning and Compulsory Purchase Act 2004 and Planning Act 2008 • Policy direction via Department of Communities and Local Government (DCLG) and Department for Environment Farming and Rural Affairs (DEFRA) • DCLG- UK Policy on Local Government, housing, urban regeneration, planning, building regulations, fire and rescue DEFRA- As well as its interests in farming and rural affairs, have focus on waste reduction, managing Flood Risk and improving air quality

  14. National Policy Guidance • Planning Policy Statement 1: Delivering Sustainable Development • Planning Policy Guidance 2: Green Belts • Planning Policy Statement 3: Housing • Planning Policy Statement 4: Planning for Sustainable Economic Growth • Planning Policy Statement 5: Planning for the Historic Environment • Planning Policy Statement 7: Sustainable Development in Rural Areas • Planning Policy Guidance 8: Telecommunications • Planning Policy Statement 9: Biodiversity and Geological Conservation • Planning Policy Statement 10: Planning for Sustainable Waste Management • Planning Policy Statement 12: Local Spatial Planning • Planning Policy Guidance 13: Transport • Planning Policy Guidance 14: Development on Unstable Land • Planning Policy Guidance 17: Planning for Open Space, Sport and Recreation • Planning Policy Guidance 18: Enforcing Planning Control • Planning Policy Guidance 19: Outdoor Advertisement Control • Planning Policy Guidance 20: Coastal Planning • Planning Policy Statement 22: Renewable Energy • Planning Policy Statement 23: Planning and Pollution Control • Planning Policy Guidance 24: Planning and Noise • Planning Policy Statement 25: Development and Flood Risk • Planning Policy Statement 25 Supplement: Development and Coastal Change

  15. National Level UK Planning Policy Framework Regional Level Local Level

  16. Regional Spatial Strategies • Informs Local Plans and setting out targets and requirements for: • House building targets • Transport • Waste • Energy • Minerals • Landscape • Subject to consultation and Strategic Environmental Assessment • Revoked by Coalition Government in July 2010 but reinstated in November 2010 as a result of Judicial Review • Localism Bill proposes to revoke the regional tier of planning policy later this year when the bill gains Royal Assent

  17. National Level UK Planning Policy Framework Regional Level Local Level

  18. Local Level-Development Plan • Local Development Documents (LDDs) are produced by the Local Planning Authority (LPA) and in accordance with Regional policy documents • LDD’s form the Local Development Framework (LDF) for future development and planning decisions • The LDF is comprised of the Development Plan Documents (DPDs), Statement of Community Involvement (SCI) and Supplementary Planning Documents (SPDs)

  19. Development Plan explained...

  20. Community Involvement • LPAs required to prepare Statement of Community Involvement in preparation of LDF • Public and stakeholders have opportunity to comment and input during preparation of Development Plan • Community consultation and involvement: a key facet of both forward planning and determination of applications • SCI sets a clear framework of how public engagement will take place during preparation of plans and how public views will be considered in determination of applications

  21. Localism Bill 2010 • Key Changes • Introduction of Neighbourhood Plans • Abolition of RSS & IPC • Reform Community Infrastructure Levy • Introduction of requirement for pre-application consultation • Tightening enforcement legislation • Introduced by the coalition government • Currently going through Parliament • Freedom from top-down controls • Increased power to local people

  22. Planning in Limbo

  23. Waste

  24. A Brief Context

  25. Waste Context • Political • Difficult decisions • Economic • Polluter pays • Social • A better life for all • Need to change attitudes • Technical • BAT / emerging technologies • Legal • Europe driven / landfill diversion targets • Environmental • Sustainable waste management Waste Hierarchy

  26. Sustainable Waste Management… Drivers: legislation/policy, targets, financial, environmental agenda Development Framework Municipal Waste Strategy Sites and design Stakeholder consultation Planning permission Planning application Sustainable Waste Management

  27. European Waste Legislation European Directives • Waste Framework Directive - 2008/98/EC • Landfill Directive -1999/21/EC (incorporating the landfill tax) • Waste Electrical and Electronic Equipment (WEEE) Directive -2002/96/EC • EC Packaging and Packaging Waste Directive -94/62/EC

  28. National Waste Policy • Planning Policy Statement 10 (PPS10) • National Waste Strategy 2007 • Guidance on Municipal Waste Management Strategies 2005 • Draft National Policy Statements

  29. Waste Strategies NWS 2007 RWS MWS Planning Policy PPS10 RSS WDF National Regional Local Stakeholder and Community Engagement Planning Applications planning & design Implementation Waste management facilities on the ground The Waste Decision Making Framework

  30. The Role of Waste Planning in UK • Waste Planning is... • Pivotal in delivering the step change towards sustainable waste • management throughout UK • Providing sufficient opportunities for new waste facilities in appropriate locations • Driven by... • Government policy to protect human health and the environment by producing less waste and by using it as a resource wherever possible

  31. PPS 10 – Waste Planning • Regional Spatial Strategies • Strategy for waste management • Apportionment of waste tonnages requiring management • Patterns of waste facilities (National, Regional and Sub-regional) • Strategic Environmental Assessment • Waste development plan documents • LDF, LDD, WDD (Waste Core Strategy)….. • Identify sites • Sustainability appraisal • Determining planning applications • WPA should implement planning strategy in the development plan and not seek to control matters • for the pollution control authorities

  32. PPS10 - Key Waste Planning Objectives • Deliver sustainable development • Provide for communities to take more responsibility for their own waste • Implement the national waste strategy • Not endanger health or harm the environment but manage waste at the nearest available location • Reflect needs of communities, WCAs, WDAs and business • Recognise locational needs and economic benefits • Ensure design and layout supports sustainable waste management

  33. Local Waste DPDs • Waste DPDs form part of the LDF and produced by Minerals and Waste Planning Authority (County Council or Unitary Authority) • Comprised of Waste Core Strategy and Proposals Map • Set out policies and proposals for the development and use of land for waste management within the area for period up to 15-20 years

  34. Waste Planning Applications Airdree EfW

  35. Planning Applications Types: Full/Outline/Reserved Matters S. 73/S. 73 A Conditions S.96A Non Material Amendment County Matter (Minerals and Waste) Local Authority Development (Reg 3/ 4) Major Infrastructure Application (IPC) County Matters: Under 2003 Reg’s, the Waste Planning Authority (County Council’s or Unitary Authorities) are responsible for determining “County Matter” applications, including “waste” development Most other applications determined by LPA at District/Borough level by Chief Planning Officer under delegated powers or by the Planning Committee

  36. Planning Application Requirements Planning Fee Forms, certificates and notices Location plans, site plans, elevations Supporting statement…sufficient to describe proposals, their purpose and benefits Design & Access Statements Volume of information required dependent upon nature of proposal DCLG Guidance on Information Requirements and Validation (2010) Possible requirement for Environmental Impact Assessment (EIA)

  37. Environmental Impact Assessment

  38. What is EIA? • The systematic assessment of a project’s likely significant environmental effects • Undertaken by an applicant: Environmental Statement • LPA has a specific role • Statutory consultee’s • ES is submitted with a planning application • Whole process can be a lengthy and costly • 16 week determination period allowed

  39. When is EIA triggered? • The 1999 ‘EIA Regulations’ specify two categories of projects: • Schedule 1 – Mandatory (Incineration, chemical treatment or landfill of hazardous waste) • Schedule 2 - Not Mandatory (but may be required subject to screening thresholds and criteria)

  40. Development Control Process Project Concept Outline Design Discussion with LPA Need for Planning Permission Detailed Design and Technology Procurement Need for EIA Screening with LPA Engage Consultants Scoping EIA Baseline Survey Up to 12 months Assessment Design Modifications Environmental Statement 8 weeks/16 weeks ++ determination period? Planning Application Approve Refusal Appeal Judicial review? Commence development

  41. Nationally Significant Infrastructure Projects • 2008 Act introduced Infrastructure Planning Commission (IPC) to determine planning applications for Nationally significant infrastructure projects • Consent takes the form of a ‘Development Consent Order’ (DCO) which combines grant of planning permission with a range of other consents and can include rights to compulsorily purchase land • Set to be abolished by Coalition Government under Localism Bill and replaced with Major Infrastructure Planning Unit within PINS • Thresholds: • Power Stations (including Energy from Waste facilities) above 50 megawatts (MW) generating capacity if onshore • Hazardous Waste facilities if landfill or deep geological storage, 100,000 tonnes per annum or in other case, 30,000 tonnes per annum

  42. Steps to Success…

  43. Good Design is Everything • “Waste management facilities in themselves should be well-designed… Poor design is in itself undesirable, undermines community acceptance of waste facilities and should be rejected.” [PPS10] • Opportunities for Designs to be proud of • Designing in context • Concept, Form, Materials, Treatment • Facility Layout • Energy/Water Efficiency (Sustainability Credentials) • Landscaping Rookery South EfW DEFRA & CABE 2008

  44. Common Issues

  45. Common Issues • Objections • Delays in Development Plan (policy/sites) • Timescales, often a lengthy process • EIA and baseline surveys: newts, bats and badgers… • Consultation/public engagement • Delays in securing planning decision • Judicial Review - legal challenge of decision

  46. Thank you for your attention

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