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1. Planning Policy Penri James
2007-08
2. The need for policy Give direction and advice
National strategic
Local operational
Consistent set of rules
Provide a legal framework
Decision
Appeal
Resolve complex issues
Prioritise resources
Protect as required
Develop as required
3. Policy confrontation
4. Three magnets diagram
5. Legislative process
6. Devolution Planning is a devolved activity with different policies in England, Wales, Scotland and Northern Ireland
Primary legislation from Westminster applies in England and Wales and unless changed, in Northern Ireland
Scotland has its own Primary Legislation
7. Legislative process
8. Primary Legislation Acts of Parliament
Creates new laws or changes old law
Provides statutory authorities with powers to act
Government – monitor national planning system
Local Planning Authorities – forward planning, development control
Places legal requirements on statutory bodies
Government – Strategic Policy documents
Local Planning Authorities – produce a local plan
9. Primary Legislation and planning Town and Country Planning Acts
TCPA 1990 main planning legislation
http://www.opsi.gov.uk/acts/acts1990/Ukpga_19900008_en_1.htm
10. Primary Legislation and planning Planning and Compulsory Purchase Act 2004
Part 1, which applies only to England, covers the formation and revision of the Regional Spatial Strategy (RSS), which will replace the current Regional Planning Guidance.
Part 2, which applies only to England, provides for the establishment of the Local Development Scheme (LDS), which will replace Local Development Plans.
Part 3 brings the new set of plans into the plan-led system of planning law.
Part 4 makes a few changes relating to the determination of planning applications, makes changes relating to the handling of major infrastructure projects, and provides for the formation of Simplified Planning Zones.
Part 5 covers correction of errors in decisions made by the Secretary of State or an inspector under the Planning Acts.
Part 6 provides for the system of plan formation in Wales.
Part 7 covers compulsory purchase, mainly increasing loss payments.
http://www.opsi.gov.uk/acts/acts2004/20040005.htm
Major revision of the way in which planning system operates
11. Primary Legislation website http://www.opsi.gov.uk/acts.htm
12. Private Members Bills Land Use (Gardens Protection etc) Bill
http://www.publications.parliament.uk/pa/cm200607/cmbills/019/07019.i-i.html Lost
Sustainable Communities Bill
http://www.publications.parliament.uk/pa/cm200607/cmbills/017/07017.i.html ROYAL ASSENT 23 Oct 07
Local Planning Authorities (Energy and Energy Efficiency) Bill
http://www.publications.parliament.uk/pa/cm200607/cmbills/025/07025.i-i.html Lost
Planning and Energy Bill
http://services.parliament.uk/bills/2007-08/planningandenergy.html
13. Government Bills (2007/08) Planning Bill
http://services.parliament.uk/bills/2007-08/planning.html
Research Notes http://www.parliament.uk/commons/lib/research/rp2007/rp07-084.pdf
14. Planning Bill Ministers will set national priorities for infrastructure.
Decisions on major applications will be taken by an Independent Commission.
Require local councils to take action on climate change when preparing their local plans.
Provide more resources for local authorities through a greater contribution from users of planning services.
15. Planning Bill Easier for homeowners to extend their homes.
Planning permission will not be required for minor developments such as conservatories, small scale extensions where it is clear they have little or no impact on neighbouring properties.
Allow householders to install small-scale renewable technologies - such as solar panels and wind turbines - without planning permission subject to safeguards and standards to ensure there is little or no impact on neighbours.
Developers will have a legal duty to consult the local community, local authorities and key stakeholders on their projects as they prepare them.
16. Secondary (Delegated) Legislation Allows government to make changes to law without a completely new Act of Parliament
Power to make and change planning policy
Original Act would make provisions for future delegated legislation to alter the law to differing degrees
Statutory Instruments are most common form of secondary legislation
17. Statutory Instruments (SI) Differ between UK, Wales, Scotland and Northern Ireland
http://www.opsi.gov.uk/stat.htm
18. Policy formulation
19. Who decides policy?
20. National Policy In England
Planning Policy Statements (PPS), are gradually replacing Planning Policy Guidance Notes (PPG).
In Wales
Planning Policy Wales
Technical Advice Notes
21. National Policy
22. Consideration of national policy Preparation of (local) development plans must take national policy into account
Supported by legal framework
Ministers can ‘call in’ a decision
Decisions contrary to national policy can be challenged in the courts
23. Planning Policy Guidance (PPG) and Planning Policy Statements (PPS) PPS1 Sustainable Development
PPG2 Green Belts
PPS3 Housing
PPG4 Industrial and Commercial Development and Small Firms
PPG5 Simplified Planning Zones
PPS6 Town Centres
PPS7 Rural Areas
PPG8 Telecommunication
PPS9 Biodiversity and Geological Conservation
PPS10 Waste Management
PPS11 Regional Spatial Strategies
PPS12 Local Development Frameworks PPG13 Transport
PPG14 Development on Unstable Land
PPG15 Planning and the Historic Environment
PPG16 Archaeology
PPG17 Sport & Recreation
PPG18 Enforcing Planning Control
PPG19 Outdoor Advertisement Control
PPG20 Coastal Planning
PPG21 Tourism
PPS22 Renewable Energy
PPS23 Planning and Pollution Control
PPG24 Planning and Noise
PPS25 Development and Flood Risk
24. Planning Policy Statement 7: Sustainable Development in Rural Areas This Statement replaces Planning Policy Guidance note PPG7.
It sets out the Government's planning policies for rural areas, which local authorities should have regard to when preparing local development documents, and when taking planning decisions.
25. Planning Policy Wales
26. Minerals
27. Opencast – after effects
28. Mineral Planning Policy in England Minerals Policy Statements (MPSs) have replaced Minerals Planning Guidance notes (MPGs)
Sets out Government policy on minerals and planning issues
Advice and guidance to local authorities and the minerals industry on policies and the operation of the planning system with regard to minerals.
Mineral planning authorities must take their contents into account in preparing their development plans.
The guidance may also be material to decisions on individual planning applications and appeals.
29. Mineral policy statements (England) MPS 1 Planning and Minerals
MPS 2 Controlling and mitigating the environmental effects of mineral extraction in England
MPG2 Applications, Permissions and Conditions (revised July 1998)
MPG3 Coal Mining and Colliery Spoil Disposal (revised March 1999)
MPG4 Revocation, Modification, Discontinuance, Prohibition and Suspension Orders (August 1997)
MPG5 Stability in Surface Mineral Workings and Tips
MPG7 The Reclamation of Mineral Workings (November 1996)
MPG8 Interim Development Order Permissions (IDOs) - Statutory Provisions and Procedures (September 1991)
MPG9 Planning and Compensation Act 1991: Interim Development Order Permissions (IDOs) - Conditions (March 1992)
MPG10 Provision of Raw Material for the Cement Industry (1991)
MPG11 The Control of Noise at Surface Mineral Workings (April 1993)
MPG12 Minerals Planning Guidance: Treatment of Disused Mine Openings and Availability of Information on Mined Ground
MPG13 Guidelines for Peat Provision in England (Including the Place of Alternative Materials) (July 1995)
MPG14 Environment Act 1995: Review of Mineral Planning Permissions (September 1995)
MPG15 Provision of Silica Sand in England (September 1996)
30. Marine Minerals Guidance (MMG) Marine Mineral Guidance 1 : Extraction by dredging from the English seabed
Statement of the government's policies on the extraction of marine sand and gravel and other minerals from the English seabed.
31. Formulating Policy
32. Change in policy control
33. Plan led system - hierarchical(Planning and Compulsory Purchase Act 2004)
34. Interim Planning Policy Statements (Wales) Original policy may not be clear
Circumstances change
New unforeseen developments
New levels of protection required
Ministers can issue Interim Planning Policy Statements to revise current policy and give direction
35. Interim Planning Policy Statements (Wales) Ministerial Interim Planning Policy Statement (MIPPS) 01/2006 – Housing
provides a revised Chapter 9 of 'Planning Policy Wales‘
Ministerial Interim Planning Policy Statement (MIPPS) 02/2005 - Planning For Retailing and Town Centres
replaces sections 10.1 to 10.3 of 'Planning Policy Wales‘
Ministerial Interim Planning Policy Statement (MIPPS) 01/2005 - Planning for Renewable Energy
Replaces sections 12.8 to 12.10 of 'Planning Policy Wales'
36. Technical Advice Notes (TAN) Provide detailed guidance on forward planning and development control
37. TAN Wales TAN 1: Joint Housing Land Availability Studies - 2006
TAN 2: Planning and Affordable Housing - 2006
TAN 3: Simplified Planning Zones – 1996
TAN 4: Retailing and Town Centres – 1996
TAN 5: Nature Conservation and Planning – 1996
TAN 6: Agricultural and Rural Development – 2000
TAN 7: Outdoor Advertisement Control – 1996
TAN 8: Renewable Energy – 2005
TAN 9: Enforcement of Planning Control – 1997 TAN 10: Tree Preservation Orders – 1997
TAN 11: Noise – 1997
TAN 12: Design – 2002
TAN 13: Tourism – 1997
TAN 14: Coastal Planning – 1998
TAN 15: Development and Flood Risk – 2004
TAN 16: Sport and Recreation – 1998
TAN 18: Transport – 1998
TAN 19: Telecommunications – 2002
TAN 20: The Welsh Language – Unitary Development Plans and Planning Control – 2000
TAN 21: Waste – 2001
38. TAN 5: Nature Conservation and Planning – 1996 Advice on
Development control issues for Special Protection Areas (SPAs), Special Areas of Conservation (SACs) and Sites of Special Scientific Interest (SSSIs)
The selection and designation of non-statutory nature conservation sites, such as local nature reserves
The protection of species, commons and greens
Annexes outline the statutory framework for nature conservation and designated sites and give information about the Countryside Council for Wales
39. TAN 19: Telecommunications – 2002
Advice on
Telecommunications systems
Development plans
Development control
Consultation arrangements
Environmental considerations
Health considerations
Radio interference from proposed development
Telecommunications aspects in other developments
40. TAN 8 – Renewable Energy Advice on
Renewable Energy and Planning
Implications for Development Plans
Monitoring
41. TAN 15 - Development and Flood Risk Advice on
Development advice maps
Nature of development or land use
Justifying the location of built development
Assessing flooding consequences
Surface water run-off from new development
Action through Development Plans
Development control
42. Guidance notes and Circular letters Provide advice on interpretation of planning policy
Issued by Minister
43. Spatial Planning
44. Spatial Planning(Territorial Cohesion) Arisen from European Spatial Development Perspective (ESDP) 1999
Integrated strategic approach to the use of land and living space
Based on French and German practice
45. Previous European policy – improve link with centre (monocentric)
46. Polycentric development
47. Cooperation for spatial development
48. European Spatial Development Perspective (ESDP) Fits with the 3 fundamental goals of European policy:
economic and social cohesion;
conservation of natural resources and cultural heritage;
balanced competitiveness of the European territory.
49. Definition of Spatial Planning 'Spatial planning goes beyond traditional land use planning to bring together and integrate policies for the development and use of land with other policies and programmes which influence the nature of places and how they function. This will include policies which can impact on land use, for example, by influencing the demands on or needs for development, but which are not capable of being delivered solely or mainly through the granting of planning permission and may be delivered through other means'
DCLG, 2004. Planning Policy Statement 12: Local Development Frameworks, HMSO, London (http://www.communities.gov.uk/)
50. Integrated area approach
51. Ireland
52. Netherlands
54. Spatial Plan
55. Regional Spatial Strategy How many homes?
New shopping centres
Regional airport
Transport infrastructure (Regional Transport Plans)
Effects on the environment
All tiered governmental plans have to consider the spatial plan
56. Local Policy
57. Local Plans are numerous County Structure Plan
District Plan
Unitary Development Plan
Local Framework Plan
58. Unitary Development Plan (UDP) Land use plan
Statutory planning framework for the local planning authority
Sets out the objectives, policies and proposals for the use of land and buildings in the area for specific period in time
Area specific
59. Ceredigion UDP http://www.ceredigion.gov.uk/index.cfm?articleid=1486
60. Process (plan timeframe 2001-2016)
61. Ceredigion Content Description of Area
Policies
Development control general
Environment
Employment and rural economy
Tourism
Housing
Community, Education and Recreation
Shopping
Transport
Settlement policies
62. Ceredigion Policies
63. Beulah
64. Settlement Statement- Beulah Description
Beulah lies in open countryside on the B4333 (Aberporth to Newcastle Emlyn road) approximately 4.8 km (3 miles)
south of the main A487 (T) Aberaeron to Cardigan trunk road. The settlement has developed in a ribbon format
along the road frontage of the B4333 in northerly and southerly directions, and to a lesser extent along the minor
road to the west. It comprises over 70 dwellings.
The settlement comprises mostly modern properties and has shopping, post office and petrol station facilities as
well as a primary school and community facilities. It serves the local shopping needs of adjacent rural
settlements and hamlets as well as those of its own residents. The Welsh language is in everyday use and is
an important component of the social fabric of the community. Beulah is well located for access to the coast
road as well as to Newcastle Emlyn, links to all of which are served by bus routes serviced daily or certain days of
the week.
Consultation Response
Some respondents pointed out that Beulah has all amenities and is well geographically positioned to provide
quality housing for the entire development spectrum, with potential for growth in the already healthy demand, in the
light of Business Park at Aberporth. Others made pleas for Community Impact Assessment to help safeguard the
fabric of the community, in particular with regard to the Welsh language, which was perceived already to have
suffered over recent years.
Vision for the Community
Beulah is a popular settlement which has an important role to play in the local rural hinterland, since it has the
facilities and accessibility which make it a popular local choice for settlement. There is also the hope and
prospect within the UDP plan period that employment opportunities at Aberporth will encourage young people to
remain rather than leave the area. A growth in the settlement consistent with this aim would be the best way
to secure the health and well being of the Welsh language in the community.
It is important to be mindful of the continued success and vitality of the community and of the Welsh language and it is
intended to seek a measured rate of development consistent with the capacity of the community to absorb
growth naturally. Overall, it is not intended that all land potentially available within the development boundary
should be developed within the lifetime of the UDP, but to offer an element of choice to accommodate demand
throughout the entire period. Recreation land adjacent to the school is safeguarded from development.
Constraints on Development
Infrastructure
The Waste Water Treatment Works is nearing capacity. Improvements are planned within the current Investment
Programme (2000-2005). Sewage Treatment Works treatment level may require upgrading. Beulah should be
given relative priority for such investment. Development is to be phased so as to ensure there is no
loss of water quality in the watercourse.
65. Current development plan procedures
66. Local Development Plan New requirement under Planning and Compulsory Purchase Act 2004
England
Planning Policy Statement 12: Local Development Frameworks
Details on how local area will change in coming years
Integrates with Spatial Plan
67. Local Development Frameworks
68. Local Development Framework Review spatial plans more quickly than development plans under the old system;
Public participation from the outset;
Key early decisions to seek consensus and avoid late changes;
Sustainability appraisal;
Efficient programme management;
Local development documents must be based upon a robust, credible evidence base.
69. Local Development Frameworks
70. Ceredigion Local Development Plan The LDP is a statutory land use plan which will cover development and planning issues which affect the County for the next 15 years or so. The key LDP stages are as follows:
Delivery Agreement
Pre-Deposit Participation
Pre-Deposit Public Consultation
Statutory Deposit of Proposals
Advertisement of Site Allocation Representations
Submission of LDP for Examination
Independent Examination
Publication of The Planning Inspector's Report
Adoption
71. Other issues
72. 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
73. Material considerations Not policy
Planning matter relevant to an application
Courts decide what is a material consideration
All material considerations have to be included in the decision making process but it is a matter for decision makers to decide how much weight to attach to each consideration
Section 38 of the Planning and Compulsory Purchase Act 2004
74. Examples of material considerations Government policy if it is published after a development plan
Traffic impact
Noise
Amenity
Access and provision of infrastructure
Design
Layout
Rights to privacy and daylight
Archaeological record
Replies to Consultations (provided relevant to planning)
In certain circumstances the fear of crime from bail/probation hostels is a material consideration
Suitability of the site for the proposed development (e.g. contamination/flooding issues).
Nature conservation
Creation of an undesirable precedent
Number, size, siting and external appearance of buildings particularly in relation to other developments in the area
Landscaping
Need
The examination of alternative sites
Health effects
Public perception of concern about harm to health
Views of local residents
Appeal decisions
Telecommunications Code of Best Practice
Nuisances caused by the development such as noise, smell, fumes, glare from floodlights or headlights of vehicles.
Adverse safety impact
Listed buildings
Compatibility with other use
Economic benefits
75. NOT material considerations Political considerations
Loss of a view
Commercial competition
Effect of a proposal on property values and ownership
Moral considerations – e.g. sex shops, religious objections to Sunday working.
Premature development
Cost of the development
Applicant’s lack of ownership of the site.
Issues covered by other legislation - e.g. health and safety
Regulations, licensing, building control
Any factor indicating that there is a lack of any reasonable prospect of the development proceeding.
76. General Development Orders Certain land use activities do not require planning permission
Specified by Government in General Permitted Development Orders
77. Example of GDO The Town and Country Planning (General Permitted Development) Order 1995