Presentation to Norwood Action Group An introduction to planning - - PowerPoint PPT Presentation

Presentation to Norwood Action Group

Date 25 June 2014 www.lambeth.gov.uk

An introduction to planning

Faye Tomlinson (Principal Planning Officer – South Team) Robert O’Sullivan (Principal Planning Officer – South Team)

Scope of this Presentation

• To provide an introduction to planning
• To provide an overview of recent changes in

planning legislation

• To introduce role of Lambeth Planning

• What is planning?
• Planning legislation and policy
• Development management
• Appeals and Enforcement

Planning in a nutshell

http://www.planningportal.gov.uk

Planning is topical

• Fundamentally, planning is about

sustainable development

• Balancing the economic, environmental and

social impacts of new development

• Sets out a long term vision for places
• Provides a decision making framework to

manage competing uses for space

What does planning do?

• Planning manages the right to develop land
• It involves balancing private and public interests

Planning involves balancing issues

economic recession climate change environmental issues meeting housing needs localism long term strategies today’s pressures brownfield development town cramming retail “market forces” viability of town centres individual interest public interest

Lambeth Planning

Lambeth Planning Development Management Determining Planning Applications Planning Enforcement Policy (plan making) Building Control Licencing Lambeth Highways

• Planning takes place within the context of a

system, which is defined by: –Legislation –Regulations and Orders –Case law –Policy and guidance (at different levels) –Appeals

Understanding the system

• Plan-led system (hierarchy of plans)
• Golden thread - presumption
• National policy
• National Planning Policy Framework (NPPF)
• National Policy Statements
• Planning Practice Guidance
• Local policy
• development plan
• Neighbourhood policies
• neighbourhood plans

Planning in England is policy-led

Current local development plans

Saved UDP Core Strategy London Plan

http://www.lambeth.gov.uk/planning-and-building-control

Draft Lambeth Local Plan:

• Public Consultation took place

between March and April 2013

• Submitted for independent

examination by Planning Inspector 28 March 2014

• Examination in public in July

2014

• Aim to adopt the Local Plan in

early 2015

Emerging Local Plan

The Localism Act 2011 introduced new rights and powers to allow local communities to shape new development through preparation of neighborhood plans subject to following conditions:

• they must have regard to national planning policy
• they must be in general conformity with strategic policies in

the development plan for the local area (i.e. Local Plan)

• They should not promote less development than set out in the

Local Plan

• they must be compatible with EU obligations and human

rights requirements.

Neighbourhood Plans

• Pre-application discussions, considering and

determining actual applications, monitoring and enforcement

Role of Development Management

• It’s proactive, encouraging

appropriate development for the borough that accords with adopted plan policy and strategic objectives.

• Part of planning most in the

public eye!

Town and Country Planning Act 1990 s55 “the carrying out of building, engineering, mining or other

• perations in, on, over or under land, OR the making of any

material change in the use of any buildings or other land”

What is Development?

• Is there a material change to the external appearance
• f the building, or a material change of use?
• If yes, then it is development needing planning

permission.

• If no, planning permission not required.
• But some works are ‘permitted development’ and don’t

need planning permission from the Local Planning Authority.

• Permitted Development rights granted by The Town

and Country Planning (General Permitted Development) Order 1995 (as amended)

What is Development?

Permitted development rights are a national grant of planning permission which allow certain building works and changes of use to be carried out without having to make a planning application. Permitted development rights are subject to conditions and limitations to control impact and to protect local amenity. Notable parts of the GPDO include: PART 1: Development within the curtilage of a dwellinghouse PART 2: Minor Operations PART 3: Changes of Use PART 4: Temporary Use of Buildings

What is Permitted Development?

Part 1 Householder PD rights

Recent Changes to Permitted Development

• Most recent additions to the GPDO do not grant an automatic

right to carry out permitted development, but involve a prior approval procedure.

• Subject to a "light touch" neighbours' consultation scheme
• From 30 May 2013:
• Part 1 - Householders
• Part 3 – Changes of Use
• Part 4 – Temporary Use of Buildings

Recent Changes to Permitted Development

From 6th April 2014: Part 3 – Changes of Use

• The amended legislation introduced 4 new classes of permitted

development which allows the change of use of existing retail/office and agricultural buildings into dwellings. Of relevance in Lambeth are:

• Class CA - Change of use from Class A1 (shops) to a deposit-taker

falling within Class A2 (financial and professional services) e.g. bank, building society, credit union.

• Class IA - Change of use from Class A1 or A2 to a dwellinghouse, or a

mixed use as a dwellinghouse with either Class A1 or Class A2, and building operations reasonably necessary to convert the building into a dwelling house. .

Getting involved

• Statutory consultation

– Neighbour notification – Site Notice – Press advert

• Non-statutory consultation

– Pre-application engagement events

• How to comment on an application

– E-mail (Planning@lambeth.gov.uk) – Website – Postal response – Must include your name/address/ref number

• Financial considerations
• Overlooking/loss of privacy
• Loss of light or
• vershadowing
• Parking, highway safety and

traffic

• Noise
• Effect on listed building and

conservation area

• Layout and density of

building

• Design, appearance and

materials

• Disabled person’s access
• Nature conservation
• Previous planning decisions

Material considerations include…

Matters that should not be taken into account in deciding planning applications include:

• Loss of view
• Negative effect on the value of properties
• Land ownership or restrictive covenants
• Applicant’s personal circumstances (unless exceptional such

as relating to a physical disability)

• Business competition
• Matters controlled under building regulations or other non-

planning legislation

Non material considerations

• The Planning appeals process is designed for anyone who has

applied to their council for planning permission, but is unhappy with the resulting decision, or the lack of a decision (which should normally be made within 8 or 13/16 weeks).

• Administered by The Planning Inspectorate
• Appeal formats

– Written representations – Informal hearing – Public inquiry

• No third party right of appeal (i.e. local residents are unable to

appeal a decision by the council)

Appeals

Objectives:

• The primary objective of the planning enforcement team is to

investigate alleged breaches of planning control, acting proportionately and taking action where appropriate and expedient (having regard to planning policies above and any other material considerations). Doing so ensures the integrity of the planning system is not undermined.

• In striving to achieve these objectives, the planning enforcement

team will not take disproportionate action and will not seek to “punish” those responsible for breaches by taking action against merely technical breaches that do not conflict with planning policies

Planning Enforcement

Examples of breaches that the planning enforcement team investigates are:

• Unauthorised Operational Development – carrying out of building

works, for example, construction of buildings or extensions;

• Unauthorised Material Changes of Use – changing the use of the

building, for example, using a shop as a restaurant

• Breaches of Conditions – breaching conditions attached to planning

permissions, for example, conditions restricting hours of operation;

• Unauthorised works to a Listed Building that affect its character as a

building of special architectural or historic interest;

• Unauthorised total or substantial demolition in a Conservation Area;
• Unauthorised display of advertisements;
• Unauthorised works to protected trees; and
• Poor condition of private land that is adversely affecting the amenity of

an area.

Planning Enforcement

Examples of issues that may not be planning matters include:

• unauthorised use of the highway, for example, for car

repairs or parking contraventions;

• dangerous structures / subsidence;
• internal refurbishment of buildings that are not Listed;
• party wall, ownership or land-grab disputes;
• noise or light pollution issues; and
• pests or vermin.

Planning Enforcement

Process:

• Planning enforcement investigate every reported breach and

assess whether the works or use in question are, in fact, a breach

• f planning control.
• If the matter is a breach of planning control a judgement then

needs to be made about the nature of any action to be taken. This may include, amongst other things: – inviting a retrospective planning application; – negotiating amendments to make the works acceptable; – serving a formal notice, or prosecuting those persons responsible; – or deciding that there is no need for further action.

Planning Enforcement

How to report a breach:

• Fastest and most effective way of doing it is online;

http://www.lambeth.gov.uk/forms/report-the-breaking-of-planning- rules-breach-of-planning-control-form

• Include as much information as possible – ideally photographs

and dates relating to when the work was started/completed T: 020 7926 1185 F: 020 7926 1171 E: planningenforcement@lambeth.gov.uk

Planning Enforcement

To close

• Thank you for inviting us to speak
• Further information is available at…

www.lambeth.gov.uk www.planningportal.gov.uk http://planningguidance.planningportal.gov.uk/

Contacting Lambeth Planning

Town Planning Advice Centre E: planning@lambeth.gov.uk T: 0207 926 1180 W: www.lambeth.gov.uk Lambeth Planning Phoenix House 10 Wandsworth Road London SW8 2LL