Planning Policy Training for new Members Planning Policy: Module - - PowerPoint PPT Presentation

Planning Policy

Training for new Members

Planning Policy: Module Contents

• Recap: a plan-led system
• Overview of the PPG/PPS

series

• East of England Plan: purpose

and current status

• Local Plan and Structure Plan
• LDF: content and process
• Moving forward: Core Strategy
• Site allocation documents
• Supplementary Planning

Documents

Planning Policy

A Plan-led system

“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

Planning Policy

PPGs and PPSs

• Planning Policy Guidance notes (PPGs) and the newer Planning Policy Statements (PPSs)

set out the Government’s national policies on different aspects of land use planning in England.

• They must be taken into account by Councils when preparing local development documents
• They may be material to decisions on individual planning applications, both by Councils and by

Inspectors

• Dozens of topics are covered, some in more detail than others
• National planning guidance currently totals more than 4,200 pages – equivalent to reading 136

Shakespeare plays, or 3 copies of War & Peace Your Officers are intimately acquainted with the entirety of PPGs and PPSs enabling them to advise you on their implications, interpretation, and relevance to specific matters

Planning Policy

PPS1 Delivering Sustainable Development (2005) PPS1 Climate Change Supplement (2007) PPG2 Green Belts (1995) PPS3 Housing (2006, revised May 2010) PPS4 Planning for Sustainable Economic Growth (2009) PPS5 Planning for the Historic Environment (2010) PPS6 has been superseded by PPS4 PPS7 Sustainable Development in Rural Areas (2004) PPG8 Telecommunications (2001) PPS9 Biodiversity and Geological Conservation (2005) PPS10 Planning for Sustainable Waste Management (2005) PPS11 Regional Spatial Strategies is no longer in use PPS12 Local Development Frameworks (2008)

Planning Policy

PPG13 Transport (April 2001, revised January 2011) PPG14 Development on Unstable Land (1990)* PPG15 has been superseded by PPS5 PPG16 has been superseded by PPS5 PPG17 Planning for Open Space, Sport & Recreation (2002) PPG18 Enforcing Planning Control (1991)* PPG19 Outdoor Advertisement Control (1992)* PPG20 Coastal Planning (1992)* PPG21 Tourism (1992)* PPS22 Renewable Energy (2004) PPS23 Planning and Pollution Control (2008) PPG24 Planning and Noise (1994) PPS25 Development and Flood Risk (2010)

* subsequently replaced by Circular or Best Practice Guide

Planning Policy

…and then there’s additional guidance in Departmental Circulars

• Planning circulars usually cover specific areas of planning process

and procedure, but have the same weight of Government policy as Planning Policy Statements and guidance notes

• They can be material to individual decisions (of both the Council and

the Inspectorate) in the same way as a PPG or PPS

• Decisions must be made having had regard to the guidance set out

in the relevant Circular

• Circular advice by all Government departments can be material in

planning terms, not just Circulars issued by the Department for Communities and Local Government

Planning Policy

Circular 11/95 Use of Conditions in Planning Permissions Circular 10/97 Enforcing Planning Control Circular 06/05 Biodiversity & Geographical Conservation Circular 05/05 Planning Obligations Circular 03/05 Changes of Use Circular 01/06 Planning for Gypsy & Travellers Circular 04/99 Planning for Telecommunications Circular 01/10 Development in Airport Safety Zones Circular 03/09 Costs Awards in Planning Appeals Circular 04/08 Planning-Related Fees Circular 02/05 Temporary Stop Notices Circular 04/00 Planning for Hazardous Substances Circular 02/99 Environmental Impact Assessment

Planning Policy

…and even more guidance is found within Ministerial Statements: “The Chancellor of the Exchequer has today issued a call to action on growth, publishing an ambitious set of proposals to help rebuild Britain's

• economy. The planning system has a key role to play in this, by ensuring

that the sustainable development needed to support economic growth is able to proceed as easily as possible. We will work quickly to reform the planning system to achieve this, but the Government recognises that many

• f these actions will take some months to deliver, and that there is a

pressing need to ensure that the planning system does everything it can to help secure a swift return to economic growth. This statement therefore sets out the steps the Government expects local planning authorities to take with immediate effect.” Minister of State for Decentralisation (Mr Greg Clarke), March 2011

Planning Policy

East of England Plan (2008)

• The current Regional Spatial Strategy (“RSS”) for the

region is the East of England Plan, covering the period 2001 to 2021

• The RSS sets out policies which address the needs of

the region and key sub-regions. These policies provide a development framework for the next 15 to 20 years that will influence the quality of life, the character of places and how they function, and informs other strategies and plans.

• Regional planning does not, however, meet the

Localism agenda of the current Government. Early in the current term the Government sought to revoke the RSS

Planning Policy

East of England Plan (2008): Revocation

• Revocation of the RSS was challenged in the High Court by Cala

Homes

• The Court found the revocation to be unlawful, meaning that for the

time being the RSS is still material in planning decisions

• The Government’s view, however, is that their intention to revoke the

RSS by way of the Localism Act is also a material consideration

• Your Officers can advise you whether and how to take the

RSS into account, and what weight it should be given

Planning Policy

Cambridgeshire Structure Plan (2003)

• Cambridgeshire

and Peterborough's joint Structure Plan was adopted in October 2003

• After the approval of the East of England Plan in

May 2008 all but 13 of the policies in the Plan have been superseded

• The Structure Plan provided the framework for

the district councils’ preparation of detailed Local Development Frameworks or Local Plans, up to 2016

• The Government has confirmed that it does not

intend to resurrect Structure Plans

• The 2003 Structure Plan therefore has ever-

diminishing relevance and importance when making planning decisions

Planning Policy

Fenland Local Plan (1993)

• The Local Plan was adopted 18 years ago –

whilst it was in accordance with the Structure Plan at the time, many of its policies are now

• ut-of-date
• Nonetheless, it still forms part of the

Development Plan

• Part 1 of the Plan contains written policies

against which proposals are judged

• Part 2 contains policies specific to individual

towns and villages

• The Local Plan will be replaced, in due

course, by the new Core Strategy

Planning Policy

Fenland Local Plan: Interim update (2001)

• Following national planning policy changes in 2000

relating to housing, in 2001 the Council adopted an Interim Local Plan review document for Development Control purposes

• The Interim document is material in the determination of

applications, but carries less weight that the formal Local Plan itself

• It amends policies in Parts 1 and 2 of the Adopted Local

Plan, and was itself subject to re-issue in 2005

• The Interim document was never intended to be a

permanent statement of planning policy in Fenland, but rather, a stop-gap measure until the 1993 Local had formally been reviewed and replaced

• Like the Local Plan, the Interim document will be

replaced, in due course, by the new Core Strategy

Planning Policy

Local Development Framework

• In 2004 the Local Plan making process was radically overhauled*
• Structure Plans and Local Plans would no longer be produced
• Instead, Councils would prepare and adopt a Local Development

Framework generally consisting of a Core Strategy with associated Site Allocations, Area Action Plan and other topic-specific document

• The concept is of a folder of related planning policy documents, all based
• n a single Core Strategy, where any one of the documents can be

reviewed and updated at any time in isolation of the others

• As an interim measure, existing Local Plan policies were “saved” pending

each Council’s preparation and adoption of their new Local Development Framework * Planning and Compulsory Purchase Act 2004

Planning Policy

Planning Policy

Moving forward: Fenland’s Core Strategy

• Fenland has decided to adopt a unique and innovative approach to its Local

Development Framework

• A Core Strategy is being prepared which, compared to those adopted by some other

Councils, will be very concise:

– a maximum of 30 pages – user friendly with no technical jargon – around 12 policies

• There will be no other Local Development Framework documents
• Instead, a criteria-based approach to growth creating "areas of search" will be

adopted

• This will be combined with masterplanning, to identify logical development sequences

in the District’s market towns

• Minimum and maximum housing growth numbers will be adopted, with 5 year

phasing plan running to 2031

• The approach is innovative, cost-effective and unique. The Council is being

supported in its approach by national Government-appointed planning advisors

Planning Policy

What if my policies aren’t up-to-date?

• For a plan-led planning system to operate properly, it is essential that there is a

relevant, up-to-date plan in place to be followed

• The Government requires all Councils to provide not less than 5 years worth of

housing land in their District – the absence of an up-to-date Development Plan can make it very difficult indeed for Councils to demonstrate this

• Where a 5-year supply cannot be demonstrated, there is an automatic assumption

that schemes in sustainable locations should come forward for development

• Government advice* to Councils and Inspectors is very clear that applications

cannot be refused permission solely on grounds of prematurity * PPS3 Housing

Planning Policy

What if I want to make a decision contrary to the Development Plan? “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

Planning Policy

What if I want to make a decision contrary to the Development Plan? “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

• You are at liberty to make a decision which isn’t in accordance with

the Development Plan, provided that you can give clear and rational reasons for doing so