Planning and Hughenden Changes afoot? The NPPF, Local Plans and - - PowerPoint PPT Presentation

Jerry Unsworth - Head of Planning & Sustainability Hughenden Parish Metting

Planning and Hughenden

Changes afoot? The NPPF, Local Plans and Localism

29th May 2012

Tonight’s session

How the Planning system is changing

NPPF Localism Act and Neighbourhood Planning Directives/ opportunities

The decision making process Planning policies applying to Hughenden Some challenges Questions and Discussion

Planning is…..?

a decision making framework which aims to manage competing uses for space by setting out a vision for places in plans; balancing economic, social and environmental needs; providing legitimacy through effective consultation and testing of evidence; delivering the right change on the ground

164,000 8,500 73 74%

Planning & Sustainability

• Spatial Planning
• Development Management
• Building Control

Our Needs…Our Environment…Our Economy

2,630 175,000 575 400 96% 17

National Planning Policy Framework

NPPF - Overview

• Published end March
• Summary Information Sheet on WDC website
• Slimmed down national policy
• Replaces Policy Statements (“PPGs/ PPSs”)
• Applies NOW – to Decisions and Plan making
• Changes from draft – more balanced?
• Transitional arrangements - “weight” issues

1. Presumption in favour of sustainable development - “golden thread” 2. Growth agenda – “significant weight…. to support economic growth” through planning 3. Plan-led – evidence based (NB Local Plan not

Local Development Framework!)

4. Development Decisions

look for solutions

NPPF - Key Elements

NPPF – For Local Planning

Local Plans should: …meet objectively assessed needs, with sufficient flexibility to adapt to rapid change, unless:

• Any adverse impacts of doing so would

significantly and demonstrably outweigh the benefits….”

• Specific policies in NPPF indicate development

should be restricted

• 15 year + horizon
• Duty to Co-operate

NPPF – for Development Decisions

For Development Decisions, means:

• “approving development proposals that

accord with the development plan without delay: and

• Where the development plan is absent, silent
• r relevant policies are out-of- date, granting

permission unless”

• adverse impacts significantly and demonstrably
• utweigh…
• specific policies in NPPF restrict devt
• Looking for solutions

NPPF – Housing/ Economy/ Transport

• Housing

– Meet objectively assessed needs for market and affordable housing – Demonstrate 5 year supply of “deliverable” housing – Encourage brownfield/ prefer sites of lower environmental value

• Economic/ Infrastructure

– Meeting business needs - Town centres/ Rural – Sustainable transport solutions (carbon reduction)

NPPF – Environment/ Green Belt

• Govt “attaches great importance” to G Belt
• Purposes the same
• Change GB boundaries exceptionally
• Strong protection national designations

(Green Belt/AONB/SSSI etc)

• Recognise intrinsic quality and character of

countryside

• Range of policy guidance

– eg natural environment, local Green Space protection flooding, historic environment, climate change

What’s gone and what remains?

Gone

• All PPGs and PPSs (but note new PPS on

Gypsies and Travellers)

• Planning Obligations circular
• Various letters to chief planners

Remains (for time being)

• Some CLG Practice Guidance but likely to

be reviewed/ streamlined

• Some separately published Annexes to

PPGs/PPSs

NPPF - Transitional Arrangements

• Applies now to Development Management

decisions – including “presumption in favour”

• Wyc Core Strategy – full weight for 12 months

(to March ‘13). Then judgment re consistency.

• Wyc Local Plan – judgment re consistency
• Much is consistent with NPPF – some variations

But …..

• Issue of weight to be attached to different factors

– presumption in favour v significance of impacts

NPPF and our plan making

• New Local Plan – commence work late 2012
• Looking at programme to see how soon can

get in place

• New evidence base required

– assess development needs, infrastructure requirements + constraints

• New housing target for Wycombe

– + site allocations + development management policies – Gypsies and Travellers

• New Local Plan + current ‘Delivery and Site

Allocations Plan’ to sit alongside each other

Neighbourhood Planning

• Government is actively
• Dismantling regional structures
• Opening up public services
• Empowering Local Authorities
• Developing the neighbourhood agenda
• But Government is also actively
• Promoting growth
• Providing financial incentives
• Requiring plans to be evidence based

Neighbourhood Planning

part of wider localism agenda

Decentralisation – giving away power to individuals, local authorities, professionals and communities Big Society - people, neighbourhoods and communities have more powers and scope to use them to create better services and outcomes

Building the Big Society through the Localism Act

Right to Bid Right to Challenge Right to Build & n’bourhood planning

Planning Reform Tools

Community Right to Build

and

N’hood Dev’t Orders Neighbourhood Plans Local Plans National Policy - NPPF Incentives eg New Homes Bonus

N’hood Plans – what they can do?

• Principal objective “to increase the rate of

growth of housing & economic development”

• Set out planning policies for a neighbourhood -

where homes, shops and businesses should go

• Say what these things should look like
• Plans could be simple and

short, or go into great detail if you want … but

• Evidence based

and what can N’hood Plans not do?

• Stop development already allocated or

permitted

• Propose policies contrary to the Council’s

strategic policies or national policies (NPPF)

• Propose less development than that identified

in the development plan

• Propose development which would breach
• ther legal requirements, such as EU regs

Legal requirements – n’hood Plans

• Must be about development or use of land
• Prepared by PC in a “parished” area
• Local consultation/ engagement
• Independent examination – 3 key tests for ‘fit’:

– NPPF (presumption in favour of Sustainable Devt) – WDC Local Plan - conformity – EU obligations, human rights

• If pass > Local referendum – requires majority
• Plan gets statutory status

N’hood Plans - who pays?

£17,000 - £63,000, up to max £200,000?

• WDC

– pay for independent examinations/ referenda – provide support/ advice …but:

• Not required to give financial assistance
• Charging for expenses incurred
• Promoters of Neighbourhood Planning

– Groups/individuals in the community – Developers

• Government

– ££s to be made available (Examinations/ Referenda)

The decision making process

...how the system work ...and decisions are taken

Key Legal Basis

Section 38(6) Planning and Compulsory Purchase Act 2004 & Town and Country Planning Act 1990

“Planning applications must be determined in accordance with the development plan unless material considerations indicate otherwise”

“This NPPF does not change the statutory status of the development plan as the starting point for decision making.”

Wycombe Local Plan (‘04)

• start review later this year

Core Strategy (‘08)

• start review later this year

Delivery & Site Allocs (DSA, ’12)

• when adopted (hopefully early 2013)
• town centres, some policies eg green space

So what is the “Development Plan”?

Other South East Plan (on last legs!) BCC Minerals & Waste Core Strategy Potentially Neighbourhood Plans

• Privacy/ loss of light
• Traffic generation/ car

parking

• Noise
• Need for the

development

• Economic benefits
• Character of area
• Design and layout
• Previous similar

decisions.

• Etc, etc,.

Material Planning Considerations

• Loss of value to property
• Loss of view
• Personal disagreements
• Boundary disputes
• Covenants
• Commercial competition
• Construction Disturbance

(most)

• Matters controlled under
• ther legislation (such as

Building Regulations & Env Health)

Community Infrastructure Levy (CIL)

• Funding for infrastructure

– Proportionate to amount of new development (principally housing) based on statutory charging schedule – Will replace most S 106 financial contributions

• Late July – examination
• Autumn – adopt
• “Meaningful proportion”

– to go directly to local communities (Parish Council) for local infrastructure - awaiting government ruling

Planning apps/ decisions

• WDC the “Local Planning Authority” for

most (BCC for minerals/ waste)

• Consultation and comments
• In accordance with the Local Plan/

“material considerations”

• Not determined by just public vote!
• Reports always set out issues/ reasons

Making a decision involves balancing these (sometimes competing) issues and more!

Planning policies now applying to Hughenden Parish

Planning Policies and Hughenden Parish?

National - NPPF (always) Local

• Core Strategy (adopted 2008)
• Local Plan (adopted 2004 - saved policies)
• Supplementary Planning Documents

Emerging Policy eg

• Community Infrastructure Levy (CIL)
• Delivery and Site Allocations (‘DSA’)

Use: mywycombe.wycombe.gov.uk/

Wycombe Core Strategy

• Strategic Policy

Building targets Where Regeneration Areas Env Protection - Green

Belt and AONB

• Brownfield First
• 5 Reserve locations

Terriers Farm

Walters Ash Naphill Hughenden Valley Cryers Hill Hughenden Park

Great Kingshill Widmer End

Four Ashes Terriers ‘reserve’ site Upper North Dean

Green Belt

The presumption against inappropriate development is central to development management in the Green Belt (not about landscape quality)

Main objectives of AONB:

• Conserve and enhance natural beauty
• Increase public understanding and enjoyment of

the special qualities of the area

• Foster social & economic well-being

Chilterns AONB

Some Issues

less money/ incentives transferring risk More freedoms Local Enterprise Partnership Less rules/ structures

• Transferring

responsibility

• Needs and

Growth Localism Infrastructure, Capacity & Conservation District Local Planning

• Vision and plans
• Balancing interests
• Meeting Needs

N’hood Level Planning

• Be part of Local Plan
• Option to go further
• Within Local Plan framework

Help and Information

• Website – Planning pages
• “MyWycombe”

access from www.wycombe.gov.uk front page

• Weekly Planning Bulletin

www.wycombe.gov.uk/planning (planning news)

• Public Access
• Speak to case officer

Planning & Sustainability

Questions/ Discussion

www.wycombe.gov.uk/planning Jerry_Unsworth@wycombe.gov.uk