Presentation to Norwood Action Group An introduction to planning Faye Tomlinson (Principal Planning Officer – South Team) Robert O’Sullivan (Principal Planning Officer – South Team) www.lambeth.gov.uk Date 25 June 2014
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
Planning in a nutshell • What is planning? • Planning legislation and policy • Development management • Appeals and Enforcement
http://www.planningportal.gov.uk
Planning is topical
What does planning do? • 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 • Planning manages the right to develop land • It involves balancing private and public interests
Planning involves balancing issues climate change economic recession environmental issues meeting housing needs localism today’s pressures long term strategies brownfield development town cramming retail “market forces” viability of town centres individual interest public interest
Lambeth Planning Building Control Lambeth Planning Policy Licencing Development (plan Management making) Lambeth Determining Planning Highways Planning Enforcement Applications
Understanding the system • 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
Planning in England is policy-led • 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
Current local development plans Saved UDP Core Strategy London Plan http://www.lambeth.gov.uk/planning-and-building-control
Emerging Local Plan 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
Neighbourhood Plans 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.
Role of Development Management • Pre-application discussions, considering and determining actual applications, monitoring and enforcement • 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!
What is Development? Town and Country Planning Act 1990 s55 “the carrying out of building, engineering, mining or other operations 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 of 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 Permitted 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
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 6 th 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
Material considerations include… • Financial considerations • Effect on listed building and conservation area • Overlooking/loss of privacy • Layout and density of • Loss of light or building overshadowing • Design, appearance and • Parking, highway safety and materials traffic • Disabled person’s access • Noise • Nature conservation • Previous planning decisions
Non material considerations 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
Appeals • 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)
Planning Enforcement 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.
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