Natural England protecting and enhancing the natural environment

1. Natural Englandprotecting and enhancing the natural environment

2. Government Policy for Town and Country Planning Jonathan Price Senior Planning Specialist Planning, Transport and Local Government Team Natural England jonathan.price@naturalengland.org.uk

3. My background • 25 years in planning • North Norfolk, West Oxfordshire, Great Yarmouth (and the Broads) • Local authority background mainly development control • Last 6 years - English Nature/Natural England – national policy and casework guidance • PPS9 and the associated Good Practice Guide

4. Natural England • Natural England – new Non-departmental Public Body • Began on 2nd October 2006 • Created by NERC Act 2006 • Merges English Nature’s nature conservation role • Countryside Agencies landscape, access and recreation functions • and Defra’s Rural Development Service

5. Our purpose and resources • NERC Act gives NE a statutory purpose: • To ensure that the natural environment is conserved, enhanced and managed for the benefit of present and future generations, thereby contributing to sustainable development. • Approximately 2500 employees based at over 50 regional offices • Headquarters in Sheffield

6. Our strategic outcomes • A healthy natural environment • Enjoyment of the natural environment • Sustainable use of the natural environment • A secure environmental future

7. Our role in planning • Advise and influence Government planning policy • Respond to national consultations • Statutory consultee role in planning process • Involved with RSS and LDFs • Planning applications • EIA, Habitats Directive, SSSI and protected species

8. The planning reforms • Planning and Compulsory Purchase Act 2004 • Significant changes but basic mechanics of system remain – Government sets national policy and retains call-in powers • Most individual development decisions still made at local authority level • Plan-led system remains • Structure plans, local plans gradually being replaced • New two-tier system of regional spatial strategies and local development frameworks

9. Objectives of reforms • Simpler, faster, more accessible planning system • Statutory purpose to contribute to sustainable development • Deliver sustainable communities • Spatial planning principles • Better community engagement • Fostering positive planning and culture change

10. Communities and Local Government’s statement “Good planning contributes to urban and rural regeneration, and helps to ensure that people have decent affordable homes in well-designed accessible environments whilst safeguarding our countryside. It is essential that we have an effective planning system to achieve our aim of creating sustainable communities.We are leading the way in reforming the planning system to make it simpler, faster and more accessible… The reforms seek to change the culture of planning, making it a positive tool to steer development actively to the benefit of everyone”.

11. Government policy • CLG engaged in rolling review of topic based national policy statements • Gradually reviewing existing series of Planning Policy Guidance (PPG) • Replacing them with Planning Policy Statements (PPS) • Shorter, more policy focussed with guidance and legal Circulars accompanying where necessary

12. PPS1 – Delivering Sustainable Development (February 2005) “The Government is committed to protecting and enhancing the quality of the natural and historic environment, in both rural and urban areas. Planning policies should seek to protect and enhance the quality, character and amenity value of the countryside and urban areas as a whole. A high level of protection should be given to most valued townscapes and landscapes, wildlife habitats and natural resources. Those with national and international designations should receive the highest level of protection”.

13. PPS7 Sustainable Development in Rural Areas (August 2004) “Nationally designated areas comprising National Parks, the Broads, the New Forest Heritage Area and Areas of Outstanding Natural Beauty (AONB), have been confirmed by the Government as having the highest status of protection in relation to landscape and scenic beauty. The conservation of the natural beauty of the landscape and countryside should therefore be given great weight in planning policies and development control decisions in these areas. The conservation of wildlife and the cultural heritage are important considerations in all these areas”.

14. PPS9 Biodiversity and Geological Conservation (August 2005) • Need for up-to-date information on natural environment • Maintain, restore and add to biodiversity • Build in biodiversity to development • Avoid, mitigate, compensate, enhance • Added protection to ancient woodland and other irreplaceable resources • Need to protect and restore fragmented habitat networks

15. Beyond PPS9 • Circular 6/2005 on statutory wildlife duties • Good Practice Guide 2006 • NERC Act 2006 – biodiversity duty on all public bodies • 1APP standard application form – biodiversity question • PAS 2010 • Validation checklists for planning applications

16. Summary so far… • Strong protection for important landscapes and wildlife - • Overarching focus on sustainable development • Seeking to achieve better community engagement • Developing links between planning and community planning, Sustainable Community Strategies, Local Area Agreements • However, pressures on local authorities – shortage of planners, performance and timescales, demands of the new LDF system.

17. New policy drivers • New system bedding down but important new drivers gaining influence – further changes in the offing • Climate change – now the dominant world issue • Housing – supply and affordability, especially in SE • Economy – competitiveness in face of increasing globalisation • Concern from No. 10 and Treasury that planning system still not working

18. Current issues • Barker’s final recommendations • PPS1 supplement on climate change • Proposals for a development tax – Planning Gain Supplement – to fund infrastructure • Growth Areas and Growth Points going forward • Code for Sustainable Homes, Building Regulations, Building a Greener Future – all geared to make development more sustainable and reduce carbon footprint

19. NE Reaction to Kate Barker • Mixture of the good, the bad and the ugly • The good - reaffirming the importance of planning and the plan-led system, support for continued strong protection AONBs, SSSIs, supporting better design, stream-lining the LDF process, review of green-belt policy • The Bad – mainly the market being the arbiter of demand and need • The Ugly – condoning things like developer sweeteners to objectors!

20. Planning White Paper • In preparation and likely in May 2007 • Will focus on the Major Infrastructure proposals – a series of MI statements and an independent commission to decide on applications based on these • Being prepared by Cabinet Office not CLG • Our initial reaction is not to oppose in principle subject to adequate safeguards, environmental assessment and consultation • Tend to agree that a series of marathon inquiries not best means of deciding on nationally important infrastructure

21. What then should AONBs be concerned about? • Natural England – engaging with us to ensure we deliver nature conservation and landscape protection in a holistic way • Ensure planning authorities are applying the strong policy protection Government gives the natural environment in its PPSs • This means front-loading your engagement in the LDF process • Watching out for opportunities to get involved early in planning applications which threaten AONBs

22. Other issues? • Applying Habitats Regulations assessment to AONB management Plans – necessary? Guidance being developed anyway. • PPS1 Climate change supplement – driver for more wind farms? NE will be responding. • Relaxing permitted development rights – ensuring the right safeguards apply • Role of Sustainable Community Strategies/Local Area Agreements – must reflect value community places on protected landscapes