A Briefing on Planning for Parish Councils in the Royal Borough of Windsor and Maidenhead The Role of Councillors in the Planning Process Trevor Roberts Associates

OBJECTIVES scope and context of the planning system framework of the English statutory system and where Parish Councils fit into this clarify puzzling aspects help you make an impact

WHY PLANNING IS INTERESTING: SOME CURRENT ISSUES Meeting economic needs vs environmental concerns homes where people want them long term strategies vs today’s pressures more brownfield development vs town cramming / garden grabbing retail “market forces” vs viability of town centres individual interest vs public interest how can we protect the Green Belt? Localism vs Government involvement Will we ever get a Borough Local Plan??

DEVELOPMENT PLAN DEVELOPMENT CONTROL / (Development Management) ENFORCEMENT THE KEY ELEMENTS OF THE ENGLISH STATUTORY PLANNING SYSTEM

THE ROLE OF PARISH COUNCILS The Development Plan = Borough Local Plan + Minerals / Waste Plan + Neighbourhood Plans

DEVELOPMENT CONTROL OR DEVELOPMENT MANAGEMENT? How far have we moved on since 1947?

“PERMITTED DEVELOPMENT” “development” for which specific permission is not needed subject to conditions as to size etc. as with a “normal” planning permission “prior notification” of many forms of development (agriculture, telecoms) to see if planning permission is required – fast tracked for efficiency EXAMPLES OF PD house extensions, walls and fences, garages etc. temporary buildings and use agricultural buildings and operations “street furniture”, works by statutory undertakers etc. some “acceptable” material changes of use

THE ROLE OF PARISH COUNCILS DEVELOPMENT CONTROL Consultations on Applications –Limited time –Respond through the Clerk –Concentrate on MATERIAL PLANNING CONSIDERATIONS –Consider CONDITIONS Enforcement –“eyes & ears” –LPA must respond

The Local Planning Authority “may grant planning permission, either unconditionally or subject to such conditions as they think fit, or they may refuse planning permission”. They “shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations” Town and Country Planning Act 1990 section 70 BASIS FOR DEVELOPMENT CONTROL DECISIONS

THE “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, Planning & Compulsory Purchase Act 2004 The “primacy” of the Development Plan depends on it being: – up to date – in accord with national planning policies

The law has always made a clear distinction between whether something is a MATERIAL CONSIDERATION and the WEIGHT it should be given. “The former is a question of law. The latter is a question of planning judgement which is entirely a matter for the planning authority. Provided that the planning authority has regard to all material considerations, it is at liberty (within the test of “reasonableness”) to give whatever weight the planning authority thinks fit or no weight at all……” Lord Hoffmann Tesco Stores Ltd v Secretary of State for the Environment 1995 NB This also applies to the Secretary of State and Inspectors dealing with appeals “ MATERIAL CONSIDERATIONS” AND “WEIGHT”

“OTHER MATERIAL CONSIDERATIONS” POLICY –National –Regional –Local FACTORS ON THE GROUND VIEWS OF CONSULTEES NB “Each case on its own merits”

SOME FACTORS “ON THE GROUND” MATERIAL –visual impact –privacy/overbearing –daylight/ sunlight –noise, smell etc. –access/traffic –health and safety –ecology –crime (and fear of) –economic impact –planning history –related decisions –cumulative impact –personal factors (rarely!) NOT MATERIAL –the applicant –land ownership –private rights (e.g. access) –restrictive covenants –property value –competition –loss of view –“better” site or “better” use –change from previous scheme –Number of people for or against the development

REFUSALS: must be justified by reasons must refer to the Development Plan reasons must be valid in terms of planning law must be based on assessment of the material considerations in the case may be subject to appeal; reasons should be defensible unreasonable or invalid refusals may result in cost awards against the council; but considered decisions properly defended will not, even if lost at appeal only one good reason is sufficient

APPROVALS: justification should be minuted if different from officer’s report/recommendation should include a statement relating to development plan policies must be justified by reasons valid in planning law usually subject to conditions (which may also be subject to an appeal)

CONDITIONS ON PERMISSIONS MUST BE: relevant to planning relevant to the development reasonable necessary precise enforceable Circular 11/95

YOUR COMMENTS ON PLANNING APPLICATIONS Remember Material Considerations Look at Development Plan Consider use of planning conditions Bring in your local knowledge and expertise No need to out-smart the planners!

PLANNING ENFORCEMENT What is it trying to achieve? Must the processes be so slow? Expediency

HOW PARISH COUNCILS FIT IN As a CONSULTEE on planning applications and the development plan process “eyes & ears” on enforcement NEIGHBOURHOOD PLANNING! Also input into the process via –PARISH / LOCAL APPRAISALS –VILLAGE DESIGN STATEMENTS ETC. As PARTNERS in getting things done

PROBITY AND PROPRIETY Declaration of Interests Twin-hatted Councillors How does the world see you? …… it’s not what you know…….

DEVELOPING POSITIVE RELATIONSHIPS CODE OF PRACTICE? REGULAR CONTACT CLEAR ROLE for Ward Members ICT opportunities PARTNERSHIP TRAINING

CURRENT TRENDS IN PLANNING Speedier decision making More Permitted Development Local Plans must be in place Localism Devolution Shared services

KEY MESSAGES AVOID NON-MATERIAL CONSIDERATIONS WORK WITH THE BOROUGH COUNCIL REMEMBER – “WE OBJECT” IS NOT THE ONLY POSSIBLE RESPONSE! ENJOY BEING INVOLVED

Any questions?