Parish Council Planning Training: Ag enda

1. Parish Council Planning Training: Agenda 5.45 - 6.00 Welcome/Tea & Coffee 6.00 - 6.05 Introductions – Overview of today’s training  6-05 - 6.15 Local Plans Update – Call for Sites/ Neighbourhood Planning 6.15 - 6.25 Questions 6.25 – 6.45 Role of planning officers and parish councils. Material planning considerations 6.45 – 7.00 Enforcement – Action and Toolkit7.00 – 7.30 Workshops: Case Studies 7.30 – 7.45 Case Officers Questions 7.45 – 8.00 General Questions

2. Objectives To provide an overview and a basic understanding of: • The purpose of Local Plans and Neighbourhood Plans • 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 • Material planning considerations • Enforcement – Action or no action • Not to use jargon!

3. Adopted Plans • South Cambridgeshire Local Plan 2018 • Cambridge Local Plan 2018 • Area Action Plans – Northstowe, Cambridge Southern Fringe, Cambridge East, North West Cambridge • Cambridgeshire and Peterborough Minerals and Waste Local Plan 2011 (now being reviewed by CCC and PCC) • Great Abington Former LSA Estate Neighbourhood Plan (February 2019)

4. 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 delivers change on the ground; • It shapes our settlements to meet identified needs for housing and jobs and helps to protect the wider countryside; • It is a system for managing development positively in the public interest, and not in a controlling or regulatory way.

5. North East Cambridge Area Action Plan / Greater Cambridge Local Plan • Our plans have to be kept up to date. • We are currently until 25th March: consulting on Issues and Options for a plan for North East Cambridge including part of Milton; carrying out a ‘Call for Sites’ to inform our next joint Local Plan and consulting on an updated ‘Statement of Community Involvement about how we will conduct future public consultations including on planning applications. • Later on this year we will consult on key Issues and Options for the new joint Local Plan for Greater Cambridge.

6. Neighbourhood Planning • A community-led initiative giving local communities power to prepare a ‘Neighbourhood Plan’ (NP). • Once ‘made’ (adopted), NPs will be used to determine planning applications for the neighbourhood area. • Neighbourhood Plans cannot promote less development that the Local Plan AND must be in general conformity with the strategic policies of the Local Plan.

7. In South Cambridgeshire

8. Any questions?

9. Role of Planners Planners, often referred to as case officers, are employed 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.

10. 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

11. 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 • 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.

12. 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 – NOT an offence!

13. Salient Points When we consult and when we inform Extending Deadlines? - yes we will, but we have targets Responses - Say what you mean!

14. Making your recommendations key points • Start with policies in the Local Plan if you feel they are relevant • 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. Requests to go before the Planning Committee need to raise significant planning concerns or implications for adopted policy or the development is of a complex nature or scale • Non-material considerations are not taken into account

15. 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

16. Enforcement Action – General principles • Is not usually an offence. There is a general entitlement to apply retrospectively • The Council also has a general discretion allowing it to take enforcement action only when it considers it ‘expedient’ to do so. i.e. when it is appropriate given the nature and extent of the breach of planning control. • Officers therefore need to decide the extent to which public amenity or the use of land and buildings are ‘harmed’. This means that we will not always decide to take action.

17. Enforcement Action – General principles • Where the enforcement action is sometimes complex there can be some delay in taking such action – e.g. legal aspects, periods of service, right to appeal • Formal action is a last resort. We will always try and resolve without formal action – e.g. invite a planning application • However quick and effective action will be taken where it is plainly necessary.

18. The Principal Enforcement Powers • Powers of entry to land • Planning Contravention Notice • Breach of Condition Notice • Temporary Stop Notice for 28 days • Enforcement Notice • Stop Notice • Land detrimental to amenity of an area • Injunction, in the County or High Court

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

20. Scenario 1: • Two dwellings on a backland plot to rear of 7 Back Lane, Uttlington

21. Two detached dwellings on land to the rear of 7 Back Lane in the village of Uttlington • Scenario 2: • Rural exception site for 24 affordable dwellings

22. 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

23. 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

24. Case Officer Questions?

25. General Questions?