Planning Training for Town and Parish Councils

1. Planning Training For Town and Parish Councils 2nd July 2015

2. Purpose of Training: • To allow parish/town councils to make informed, robust decisions that reflect current local and national policy • To provide parishes/town with an update on current issues • Give parish/town councillors the opportunity to ask questions FINISH BY 8PM

3. The Local Plan • Policy SS2 (development in smaller settlements) • Scale of Development • Five-year Housing Land Supply • Town Centres • Planning Enforcement overview • Section 106/CIL overview • Affordable Housing • Neighbourhood Planning Questions

4. South Somerset Local Plan (2006 – 2028) • All planning applications must be considered against the Local Plan. Two simple routes: • If the application is in accordance with the Local Plan it should be granted permission. • If the application is not in accordance with the Local Plan it should be refused permission. • But, in either instance there may be ‘material considerations’ which lead to a different conclusion….

5. The 2008 crash devastated the housebuilding industry, and led to the loss of a quarter of a million construction jobs. That’s why the government has placed housebuilding at the heart of its long-term economic plan. Quote from Brandon Lewis Housing Minister 30 June 2015

6. The Local Plan Strategy Facilitate delivery of 15950 new dwellings and commensurate level of employment land Focus majority of new development within larger settlements Ensure new development is of an appropriate quality

7. POLICY SS2: DEVELOPMENT IN RURAL SETTLEMENTS Relevant to all of our smaller settlements (e.g. Templecombe, West Coker, Haselbury Plucknett, Tintinhull) Not relevant to Yeovil, Chard, Ilminster, Crewkerne, Langport and Huish, Somerton, South Petherton Martock, Stoke Sub Hamdon, Castle Cary, Wincanton, Milborne Port, Bruton, Ilchester Intention is to allow small scale growth in those areas that have limited facilities on the basis that development will enhance or benefit the settlement.

8. POLICY SS2: DEVELOPMENT IN RURAL SETTLEMENTS Development in Rural Settlements will be strictly controlled and limited to that which: - Provides employment opportunities appropriate to the scale of the settlement; and/or - Creates or enhances community facilities and services to serve the settlement; and/or - Meets identified housing need, particularly for affordable housing. Development will be permitted where it is commensurate with the scale and character of the settlement, provides for one or more of the types of development above, and increases the sustainability of a settlement in general. Proposals should be consistent with relevant community led plans, and should generally have the support of the local community following robust engagement and consultation. Proposals for housing development should only be permitted in Rural Settlements that have access to two or more key services

9. Recent Appeal Decisions Broadcares, North Coker “given that Policy SS2 is starting from the premise of no development unless certain conditions are met, the evidence for development being of a strong sustainable nature is particularly important to provide. Furthermore the local community is best placed to determine local need and what will make their settlement more sustainable and there will be an expectation that development proposals have either come from the local community, or been tested and checked through local consultation and engagement.”

10. Recent Appeal Decisions Merriott, Boozer Pit “and while affordable housing in rural areas is generally welcomed, I consider that the need for open market housing in such an area is not sufficiently well made. I also note that while there are letters of support, favouring the provision of affordable homes in particular, the Parish Council were not in favour of the scheme”.

11. Recent SS2 Examples Ilton • Erection of 47 dwellings together with provision of playing field, car park and contributions to local facilities • Parish, Ward Member worked closely with land owner to produce a mutually beneficial scheme • Approved unanimously at Area North

12. Recent SS2 Examples West Camel • Outline for up to 11 dwellings to meet an identified community need • Parish Council is the applicant and carried out consultations/evidence gathering • Application to be considered next month

13. Dealing with ‘SS2’ Applications • Recommendation for refusal when the application does not offer any community benefit? • Applicants must speak to community – increased responsibility for PC/TC • Committee able to assess benefits to the settlement

14. Scale of Development • Focus on Yeovil and main settlements • But – developer interest in ‘easier’ sites on edge of smaller settlements • Is the national & local agenda different? • Growth in some settlements approaching level set out in Local Plan • When does growth become too much?! • Complex issue – not just about housing • Influence of others – e.g. Somerset County Council, Environment Agency, Heritage England... • Local understanding important – how evidence?

15. Five-year Housing Land Supply • High profile issue • Subject to a series of appeal and High Court decisions • Prepared on an annual basis • Demonstrate a five-year housing land supply at all times • Current assessment from June/July 2014 • Will be presenting new paper to DX in July/August 2015 • Significant implications on decision-making at committee • NPPF – Paragraphs 49, 47 and 14

16. Town Centres • Focus investment in town centres / resist out of town retail • Local plan aims to retain Yeovil’s market share • Sequential and Impact ‘tests’ • Impact thresholds linked to size of settlement • Protect retail area – but mindful of PD Rights What is the future of the high street given modern lifestyles? • Strengths = Uniqueness / QoP / Test-bed / People • Weaknesses = Premises / Ownership / Land Assembly / Rents / Yields / Vacancy Rates / Churn • Opportunities = Other Services / Flexibility / Infrastructure Provision / Public Realm / Decline of Large Format Retailers • Threats = Consumer Attitudes / On-line

17. Affordable Housing • NPPF / NPPG has changed the threshold for asking for AH • Alters Policy HG3 and Policy HG4 • Target of 35% remains unchanged • Evidence highlights significant need • 2/3rds ‘social rented’ through Register Provider • 1/3rd ‘other’ – affordable rent, shared-ownership, low-cost housing • Delivery influenced by site viability BUT cannot avoid the need • New Strategic Housing Market Assessment being produced in 2015/2016. • At local level, esp. within smaller settlements, need to clarify what is the true need (Link to Policy SS2) • Future provision? Bungalows?

18. Neighbourhood Planning • Can be a good thing • Must go into the process with all the facts • Long, complicated process – community not SSDC • Must be evidence based, credible, and add to local & national policy • Is not an instrument to say ‘no’ to development • Local strategy to grow and define places and bring benefits • Govt announced further proposed changes to system

19. Planning Enforcement The Council has a duty to investigate complaints about development (building and engineering works and changes of use) that may have been carried out without permission or consent. Before taking any formal action there needs to be an assessment: • Does it need planning permission? • Has a retrospective application been submitted that allows the matter to be properly considered? • If an application was submitted is it likely that permission would be granted?

20. Planning Enforcement • The main breaches of planning control include: • Building, or engineering work and change of use of land without planning permission. • Breach of conditions attached to planning permissions or the terms of a S106 Agreement. • Unauthorised change of use of land/buildings • Land or buildings in such poor condition that it adversely affects the amenity of the area. • Unauthorised advertisements or signs. • Unauthorised work to trees protected by a tpo or in a conservation area. • Unauthorised works to a listed building. • Unauthorised demolition work in a conservation area.

21. Planning Enforcement Powers • Planning Contravention Notices (PCN) This notice seeks information about suspected breach(es) of planning control • Section 215 Notices These notices can require a landowner to tidy up land which the Council considers harms the amenity of the area. Notice sets out steps owner has to take and timetable. • Breach of Condition Notices (BCN) Notice will set out steps the recipient should take to remedy breach of condition and a timetable for doing so. • Enforcement Notices Issued against breaches of planning control and steps the recipient should take to remedy the breach and a timetable for doing so.

22. Planning Enforcement Powers • Temporary Stop Notice Notice served in exceptional circumstances where it is essential that activities cease, for a period of 28 days. This period allows the Council to make further investigations and consider whether to take further action. • Stop Notice This notice is only served in conjunction with an Enforcement Notice in exceptional circumstances where it is essential that activities cease to safeguard amenity or public safety or to prevent serious or irreversible harm to the environment.

23. Planning Enforcement • Appeals • Non Compliance of Notices: • Prosecution • Injunction • There are time limits for taking enforcement action: • Four years after substantial completion in relation to the erection of buildings and change of use of buildings to residential use; and • Ten years for most changes of use to land or buildings and breach of condition.

24. Planning Enforcement- Stat time • 01/04/14 – 31/03/15 – 333 Enforcement Cases registered • Notices Served: • 7 PCN’S • 8 Enforcement Notices • 4 Temporary Stop Notices • 2 Stop Notices • And finally………

25. S106 / Community Infrastructure Levy • Process has changed and is changing! • Government agenda is to simplify and not over burden development • Existing S106s can be renegotiated at any time • New S106s cannot be sought on developments of 10 homes or less • Cannot ‘pool’ more than five S106 agreements for a piece of infrastructure (applies to those agreed since April 2010) • Can still ask for S106 but must be site specific and pass the ‘tests’

26. S106 / Community Infrastructure Levy • Moving towards CIL – will take 12months • Can have S106 and CIL • But, cannot ask for S106 on items that is capable of being covered by CIL • CIL will not include Affordable Housing • Will set a defined level for charging rate – £ per sq.m. • Will set out a defined ‘list’ of infrastructure projects or types of infrastructure to be funded by CIL

27. QUESTIONS