An Introduction to Planning Training for new Members 20 th May 2011 - - PowerPoint PPT Presentation

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An Introduction to Planning Training for new Members 20 th May 2011 - - PowerPoint PPT Presentation

An Introduction to Planning Training for new Members 20 th May 2011 An Introduction to Planning: Todays Tutor James Croucher MTP MRTPI Member of the Royal Town Planning Institute In planning practice since 2001 Former


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SLIDE 1

An Introduction to Planning

Training for new Members

20th May 2011

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SLIDE 2

An Introduction to Planning: Today’s Tutor

  • James Croucher MTP MRTPI
  • Member of the Royal Town

Planning Institute

  • In planning practice since 2001
  • Former Development Control

Manager

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SLIDE 3

An Introduction to Planning: Today’s Tutor

  • James Croucher MTP MRTPI
  • Member of the Royal Town

Planning Institute

  • In planning practice since 2001
  • Former Development Control

Manager

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SLIDE 4

An Introduction to Planning: Module Contents

  • A brief history of planning, and

why we need it

  • How the planning system

works

  • An overview of the planning

policy framework

  • How applications are

determined

  • Appeals
  • Enforcement expedience and

tools

  • Heritage assets, landscape

designations and ecological matters

  • Environmental Impact

Assessment

  • Race relations and crime &

disorder

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SLIDE 5

An Introduction to Planning

“Planning shapes the places where people live and work and the country we live in. Good planning ensures that we get the right development, in the right place and at the right time. It makes a positive difference to people’s lives and helps to deliver homes, jobs, and better opportunities for all, whilst protecting and enhancing the natural and historic environment, and conserving the countryside and open spaces that are vital resources for everyone. But poor planning can result in a legacy for current and future generations of run-down town centres, unsafe and dilapidated housing, crime and disorder, and the loss of our finest countryside to development.” Paragraph 1, Planning Policy Statement 1

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SLIDE 6

A brief history of planning

  • and why we need it
  • The need for planning grew with the industrial revolution and resultant influx of people

arriving to escape rural poverty and find work in Britain’s growing cities.

  • Housing was built quickly and cheaply with little thought for sanitation, or what we

now think of as infrastructure.

  • These slums and associated diseases resulted in public health reform and by 1875

acts of Parliament designed to improve housing conditions.

  • The first Housing and Town Planning Act was adopted in 1909 followed by Housing

Acts in 1919 and 1930.

  • At this time Sir Ebenezer Howard’s Garden City movement gained momentum and

led to the New Towns movement and New Towns Act 1946.

  • However it the post-war Town and Country Planning Act 1947 that created the

framework for today’s current system of planning.

  • Basic national legislation governing the planning system is set out by the Town and

Country Planning Act 1990. This Act has been amended several times, particularly by the recent Planning and Compulsory Purchase Act 2004.

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SLIDE 7

How the planning system works

Three levels of planning? National, Regional & Local

  • 1. National
  • The Department for Communities and Local Government (DCLG) set planning policy through White Papers,

Circulars, Planning Policy Statements (PPS), Mineral Planning Statements (MPSs) and Regional Spatial Strategies (RSS).

  • In exceptional circumstances, confirming the adoption Local Development Plans prepared by local authorities may

happen at a national level.

  • Decisions on planning appeals and major planning applications can be made at this level.
  • The Planning Inspectorate provides inspectors to hear appeals and carry out independent examinations of Local

Development Documents. An inspector will also provide a report with a recommendation to the Secretary of State where planning decisions have been “called in”.

  • 2. Regional
  • Regional Planning Bodies were responsible for preparing, monitoring, and reviewing Regional Spatial Strategies

(RSS) to broadly guide a region’s development.

  • In 2010 the Secretary of State, Eric Pickles stated the government’s intention to abolish Regional Spatial
  • Strategies. This statement is now considered to be a material consideration when making planning decisions.
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SLIDE 8

How the planning system works

  • 3. Local
  • In England Local Planning Authorities (Metropolitan, Unitary and District Councils) are responsible for preparing

the Local Development Framework (LDF) for their area and consists of planning policy documents.

  • LPAs are also responsible for dealing with applications for, and enforcement against development schemes.
  • Where there is a County Council, it has responsibility for Minerals and waste planning and their own development,

for example with regard to highways and education. In addition the County Council may also be involved or comment on regional or local planning matters.

Who makes decisions at the local level?

  • Utilising their knowledge of planning law, policy and procedure planning officers provide advice to members of the

public and developers. These planners are usually split into two groups - those dealing with planning policy and those dealing with development control or development management.

  • Smaller applications are decided within the planning policy framework by officers who act under powers delegated

by the LPA.

  • Elected members of the council (planning committee) decide large-scale or contentious planning applications and

formally approve planning policy documents. Advice to planning committee on such applications is provided by planning officers in the form of planning reports.

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SLIDE 9

An overview of the policy planning framework

  • European directives and laws
  • National planning legislation (e.g. Town and Country Planning Act 1990, Planning

and Compulsory Purchase Act 2004)

  • National planning policy (e.g. Planning Policy Statements (PPS) and Minerals Policy

Statements (MPS), Government circulars, Government white papers, ministerial statements)

  • National Policy Statements. These outline Government policy on major infrastructure
  • Local development plans (e.g. Local Development Framework, Core Strategy)
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SLIDE 10

How applications are determined

“If regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise”.

Section 38(6) Planning and Compulsory Purchase Act 2004

Although the determination of planning applications are made on each application’s

  • wn merits, the decision should be policy-led. The problem with this system is

highlighted in a parliamentary briefing paper. “It is the policy framework which places the greatest constraints upon councilors' ability to reflect local community interests. The principal reason for Britain’s national policy framework, indeed, is the need to pursue objectives, such as housing targets, that will often override local community wishes”.

Sweet & Maxwell Encyclopedia of Planning Law and Practice, Monthly Bulletin, August 1997. p 19

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SLIDE 11

Appeals

Appeals can be made:

  • Against a decision to refuse planning permission
  • If the applicant is unhappy with the conditions attached to a permission
  • For non-determination of an application (if a decision on a proposal is not made within appropriate

limits – 8 weeks for most applications, 13 weeks for major applications)

  • Against an enforcement notice

Appeals are dealt with by the Planning Inspectorate (PINS) on behalf of the Secretary of State

  • Only the applicant can appeal against an LPA decision. There is currently no right for third parties,

although they do have a right to make their views known at appeal.

  • The appellant must provide good planning reasons why permission should be granted, based on

development plan policies and/or other material considerations.

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SLIDE 12

Appeals

Appeals can be made in 3 ways

  • Written Representations
  • Informal Hearing
  • Public Inquiry

Councillors who reject a planning application that officers have advised them to approve risk their decision being

  • verturned on appeal - and if no good planning reasons for

the decision have been given, costs may be awarded against the Council. Unreasonable Behaviour may arise in many ways but the main reasons for costs awards tend to result from the following:-

  • Causing an unnecessary appeal to be heard
  • Cancelling or delaying an appeal without good reason
  • Failure to produce proper (or any) evidence to support or defend

the appeal

  • Improper conduct during the inquiry or hearing
  • Failure to attend or be represented without good reason
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SLIDE 13

Appeals

  • There is no third party right of appeal against the grant of

planning permission

  • An objector may challenge the Council’s decision by way
  • f Judicial Review
  • In Judicial Review proceedings the court will intervene

as a matter of discretion to: (a) either quash, prevent, or require a decision (b) clarify the law, or (c) compensate the applicant.

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SLIDE 14

Enforcement expedience and tools

Expediency

  • Enforcement is a tool available to Councils

where a breach in planning control has

  • ccurred
  • It is a way of dealing with unacceptable

forms of development – it is not a punishment

  • Enforcement is discretionary and action may
  • nly be taken when it is expedient to do so.
  • It is deemed expedient to take action “when

harm has been caused to public amenity”.

  • Enforcement policy is set out by Planning

Policy Guidance (PPG) 18: Enforcing Planning Control

Planning Enforcement Tools

  • Requisition Notice (S.330 Town and

Country Planning Act 1990)

  • Planning Contravention Notice (S.171c

Town and Country Planning Act 1990)

  • Breach of Condition Notice (S.187a Town

and Country Planning Act 1990)

  • Enforcement Notice (S.172 Town and

Country Planning Act 1990)

  • Stop Notice (S.183 Town and Country

Planning Act 1990)

  • Injunction (S.187b Town and Country

Planning Act 1990)

  • Repairs Notice in respect of Listed

Buildings

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SLIDE 15

Heritage assets, landscape designations and ecological matters

Heritage assets – Listed Buildings – Conservation Areas

“Conservation Areas are areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. The designation of a conservation area seeks to enhance the character of the area as a whole rather than individual buildings. Conservation Areas are areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. The designation of a conservation area seeks to enhance the character of the area as a whole rather than individual buildings.”

– Scheduled Ancient Monuments – World Heritage Sites Nationally Designated Areas

“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.”

– National Parks, The Broads, The New Forest Heritage Area – Areas of Outstanding Natural Beauty

Also see PPG 2: Green Belts

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SLIDE 16

Important wildlife habitats

Ecological Matters

  • Wildlife and Countryside Act 1981 (as

amended)

  • Special Protection Areas (SPA) (classified

under the Birds Directive)

  • RAMSAR sites (The Convention on

Wetlands of International Importance)

  • Sites of Special Scientific Interest (SSSI)
  • County Wildlife Sites (CWS)
  • Local Nature Reserves

Technical advice is provided by Natural England

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SLIDE 17

Environmental Impact Assessment (EIA)

“The purpose of EIA is to ensure that the environmental effects of a proposed development are fully considered, together with the economic or social benefits of the development, before the planning application is determined”.

RTPI 2001

  • Introduced to implement European Directive 85/337/EEC, as amended by Directive 97/11/EC.
  • Requirement to carry out EIA of certain planning proposals is contained in Section71A of the

Town and Country Planning Act 1990, the Town and Country Planning Environmental Impact Assessment (England and Wales) Regulations 1999 and in amending regulations.

Screening - Determining the need for environmental impact assessment– EIA is needed for two types of development, Schedule 1 development and Schedule 2 development. Scoping - Deciding on the coverage of the environmental impact assessment.

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SLIDE 18

Environmental Impact Assessments

The integration of EIA into the design and evaluation process improves the environmental increases the sustainability of new development by:

  • considering environmental issues in preparing development

proposals;

  • examining alternatives;
  • highlighting the environmental effects of proposed developments;

and

  • proposing appropriate mitigation and monitoring measure
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SLIDE 19

Race relations and crime & disorder

Race Relations (Amendment) Act 2000

“Section 19A of the Race Relations Act 1976 (RRA 1976) prohibits racial

discrimination by planning authorities in carrying out their planning functions. In addition, the majority of public authorities, including local authorities, have a general duty under the RRA 1976 as amended by the Race Relations (Amendment) Act 2000 to actively seek to eliminate unlawful discrimination and to promote equality of

  • pportunity and good race relations in all they do”. ODPM 2006 p.17

Crime and Disorder

  • Crime and Disorder Act 1998 - Section 17 of the Act places a duty on councils to do

all they reasonably can to reduce crime and disorder locally, improving people’s quality of life as a result.

  • Safer Places: The Planning System and Crime Prevention (DCLG publication)