Planning for Non-Planners Graham Nelson, Norwich City Council 9 th March 2016

1) Background What is Planning? Origins of Modern Planning 1947 and all that Compensation and Betterment

What is Planning? No handy commonly agreed definition Has gone beyond “Control of the Use of Land in the Public Interest” Now has spatial element See RTPI what planning does

Origins of Modern Planning There has always been some form of planning in urban areas Modern planning arose in response to social and economic problems triggered by Industrial Revolution Issues and response varied over time Planning movement developed at the turn of 19 th and 20 th Centuries Closely related to the development of social housing

John Snow’s 1854 map

Charles Booth Map of 1889

London 1872

Ebenezer Howard’s Three magnet’s illustration 1898

Growth around London

Inter-war planning Homes fit for heroes 1919 Housing and Planning Act Govt subsidises local authorities to deliver Low density, high quality housing

1947 and all that … Atlee Government 1946 New Towns Act 1947 Town and Country Planning Act Nationalised the right to develop land without compensation Defined development Introduced requirement for planning permission and permitted development Contained proposals for a 100% development charge

Green Belts

Post war housing From one to the other

Post war house completions

Compensation and Betterment No compensation for landowners prevented from doing something but also no compensation for someone adversely affected by grant of permission Development charge – political divide Debate has been with us ever since Only partly addressed by CIL Evidence is this issue is growing not reducing

2) Legislative and Policy Framework Basic Framework National Planning Policy Framework Types of Plan Plan making process

2) Legislation and Policy The Planning Acts and Statutory Instruments The National Planning Policy Framework (NPPF) The Development Plan - - Local Plans and other development plan documents - Neighbourhood Plans

National Planning Policy Framework (NPPF) Bringing together all the existing policy into one policy document Pro-growth Golden thread - presumption Plan-led system

NPPF: purpose of the planning system the NPPF emphasises the positive, rather than the controlling or regulatory, side of planning, to contribute to the achievement of sustainable development Plans and decisions should be based on the real world e.g. a sound “evidence base”, an understanding of economic viability etc. 3 mutually dependent elements: - economic, social, environmental

NPPF and plan-making Local plan must show how objectively assessed development needs can be met (especially for housing). Not capacity based. In a (locally) sustainable way Take into account local circumstances and market signals….to inform judgements about demand Only where there would be significant and demonstrable adverse affects which outweigh the benefits when assessed against the framework as a whole – should a development need not be met

Strategic Planning and the Duty to Co-operate Many planning issues stretch across boundaries and need a ‘larger than local’ response The duty to co-operate was introduced to address these issues via the local plan Local Plans will be tested against the duty Early days: some plans passing this, others are not.

Neighbourhood plans Gives communities power to develop a shared vision for their neighbourhood Prepared by town/parish councils or neighbourhood forums Must be in general conformity with the strategic policies of the Local Plan Should not promote less development than set out in the Local Plan

Neighbourhoods Numbers applied for designation August 2015

The development plan is crucial “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, Planning & Compulsory Purchase Act 2004 The “primacy” of the Development Plan depends on it being: – up to date – in accord with national planning policies This is not changed by the Localism Act or the NPPF!

National Planning Practice Guidance Web based resource from March 2014 Companion to NPPF Frequent updated – sign up for alerts

3) Mechanics of the System Definition of Development Change of Use Permitted Development (PD) Material Planning Considerations

What is development? Town and Country Planning Act 1990 s55 except where the context otherwise requires- “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”

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 unless ‘permitted development’ Granted nationally by General Permitted Development Order or Use Classes Order Locally by Article 4 Directions and Local Development Orders

Change of use a few specific changes are defined in the Act as always “material”, eg the subdivision of a single dwelling house otherwise there is no statutory definition; extensive decisions of the courts have established various tests and principles secondary legislation has established broad “use classes”; changes of use within these classes are not development and so do not need planning permission NB: a change between classes does not automatically mean there will be a material change of use

Residential PD see Planning Portal’s interactive house

From

Commercial PD For commercial development PD used to be limited Recent government legislation (with some conditions) allows:- Offices to change to dwellinghouses Offices,hotels, residential institutions, assembly and leisure buildings to change to state-funded schools Temp (2 year). change of use from shop, financial/professional services, restaurants, drinking establishments, hot food take-away and office to flexible use within A1, A2, A3 or B1 Industrial premises to extend by 10% in Conservation Areas; 25% near SSSI’s and 50% in other cases (max 500²m in Conservation Areas and 1000 ²m in other cases)

Material considerations include… Financial considerations Overlooking/loss of privacy Loss of light or overshadowing 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

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

Initiatives of govt Housing and Planning Bill NPPF revisions Self build Local Plan preparation, CIL and New Homes Bonus under review

4) Development Management What does it involve? Types of Decision Taken Taking Decisions Committee and Delegation Appeals and Legal Challenge

4) Development Management Pre-application discussions, considering and determining actual apps, monitoring and enforcement Concentrate on delivery – not control Puts plans into action Councillor’s role – understanding the policies, understanding the applications, getting engaged, liaising with the community, considering, deciding, reviewing

Types of application Planning Permission - outline/full/reserved matters Extension of Time Variation of Condition/Minor Material Amendment Listed Building Consent Conservation Area Consent Advertisement Consent Tree works Lawful Development Certificate Hazardous Substances Consent

Making a decision Start with the development plan policies Take into account other material considerations, including: National policy Other council strategies Context and merits of the particular application Technical consideration Consultees views on planning aspects Other material planning matters Come to a view

NPPF and decision making Local planning authorities should: –approve development proposals that accord with statutory plans without delay; and –grant permission where the plan is absent, silent, indeterminate or where relevant policies are out of date…………………..unless –….adverse impacts of allowing development would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole

Delegated and committee decisions Delegation procedures aim to ensure that the Planning Committee only considers the most significant or contentious applications Aim for at least 90% of decisions delegated Referral to committee Time and resources Costs of committee decisions Local democracy

No rights of appeal for third parties against an approval Councillors or public can attend hearings or Inquiries and make their comments direct to the Inspectorate appointed by the Secretary of State In written representations appeals should write direct to the Planning Inspectorate Costs can be imposed by the Inspector for unreasonable behaviour e.g. if a reason for refusal cannot be defended, or timetables for submission of material has been missed. Appeals

Conclusions and Questions?