Round up of other planning news Graham Withers, Development Management

1. Round up of other planning newsGraham Withers, Development Management “If anyone comes to me with an idea for new planning legislation I am going to shoot them".

2. National changes to Design and Access Statements • From 25 June 2013 • Design and Access Statements now only required for: • Major developments • Listed Buildings • Dwellings or 100 sq m + in a Conservation Area • No longer required for smaller extensions and alterations in Cons Area • Simplified content – “explain the design principles and concepts that have been applied to the development” • Less access explanations required

3. Keeping validation requirements (LPAR) reasonable • Have to refresh every 2 years (Sheffield last published 7 Jan 2013) • Must be “reasonable having regard, in particular, to the nature and scale of the proposed development” and “about a matter which it is reasonable to think will be a material consideration in the determination of the application”.

4. New process for disputed validations relating to LPAR • From 25 June 2013 • ‘Non-validated applications’ • Applicant notice disputing invalid • LPA either validates or serves a non-validation notice explaining why disagree • LPA processes as non-validated, but must determine by 8/13 week statutory period • Applicant can then appeal if refused for insufficient information or (if appropriate) on grounds of non-determination

5. The Planning Guarantee Few applications should take longer than 26 weeks to determine Refunds 26 weeks after date valid • For applications for planning permission or approval of reserved matters • Unless written agreement to extend period For case officers: • May have to do more chasing of over-stretched consultees • Must make timely requests for information or amendments For applicants and agents: • Be prepared for case officers unwilling to wait for missing information or amendments, especially for small-scale schemes • Multiple condition applications need to have all the required information

6. Planning Performance Agreements • Planning performance and the planning guaranteeconsultation response issued by DCLG. Indicates that poor performering LPAs to be identified from 2 year period ending June 2013, and that PPA and post-submission extension of time agreements to be accepted, provided in writing, set a timetable and it is achieved. • Criteria for identifying poor performing LPAs still: • 30 per cent or fewer major applications on time, or • more than 20 per cent of major decisions are overturned at appeal • Sheffield will be unaffected • Given that written agreements also avoid refunds for over 26 week applications, Sheffield is willing to use PPAs at both pre-application and post-submission stages for Major Applications.

7. Other changes • Judicial Review time limit to be reduced from 3 months to 6 weeks (from 1 July 2013) • New right of appeal to the secretary of state to vary an affordable housing requirement contained in a planning obligation (Sheffield already reasonable) • Gov. reviewing around 6,000 pages of supporting planning guidance behind NPPF • Removed requirement for advisory note explaining why planning consent granted (from 25 June) • PINS to extend expedited householder appeal service to small scale commercial developments

8. Update on C-Plan option for Sustainability Statements • Online tool that helps applicants submit energy and sustainability statements • 5 Yorkshire and Humber LPAs now using and others to follow • Improved after user testing • Can now put in own energy data or pay a fee for C-Plan to calculate • Expect to launch soon and evaluate after a year