Planning changes & challenges Steve Barker Principal Consultant October
2 Planning reform overview NPPF and Guidance Review Presumption in favour of sustainable development Localism Act Strong protections still in place Unblocking stalled sites Tackling LA poor performance Neighbourhoo d Planning Regional Strategy revocation Robust Evidence of need and 5 year land supply Duty to cooperate SimpleLocalSustainable ProportionateEffective Deregulation and Simplification Information requirements Speeding up appeals Award of costs Permitted developmen t rights 6000 page s of guidance reduced and now on web 1300 pages of policy down to less than 50 Major Infrastructure Section 106 Use Class Order Statutory consultee s Community Infrastructure Levy Growth and Infrastructure Act & Infrastructure Act NSIP Condition s Compulsory community consultation EIA Thresholds
The government agenda The future elements following the election: no (or little) change of policy framework combined authorities, up to date local plans, continuation of the performance regime (?) community right to build, plan, etc brownfield focus, LDOs, resourcing,
Allow an element of housing to be included in major infrastructure proposals take forward under the nationally significant infrastructure planning regime S106 - introducing a dispute resolution mechanism to speed up negotiations and allow housing proceed more quickly CIL review of system in 2015 Streamline length and process of local plans Allow the Mayor to call in planning applications of 50 homes or more Productivity Plan: Planning Measures
Strengthening guidance on the duty to cooperate to emphasise the importance of councils working together to meet the housing and infrastructure needs of communities. Reviewing the threshold below which agricultural buildings my be converted to residential use using permitted development rights. Helping London to “build up” rather than “build out”, delivering more homes for Londoners while protecting he countryside Rural Productivity Plan (August 2015) – review of planning barriers Productivity Plan: Planning Measures
Housing & Planning Bill Planning bodies to grant permission in principle for housing development on sites allocated in local and neighbourhood plans or identified on the new brownfield register; Small builders to apply directly for permission in principle for minor development Introduce measures to improve Local Plan making and neighbourhood planning. In cases where no Local Plan has been produced by early 2017, and “intervening to arrange for the Plan to be written, in consultation with local people”
Housing & Planning Bill Raising the performance bar to further improve the speed of decisions on major schemes – from 40 to 50% decisions made on time, and extending the performance regime to minor applications (non majors) - expected target of 60% Improving compulsory purchase regime, so it is clearer, fairer and faster (?????) A new duty on councils to help allocate land to people who want to build their own home. new affordable Starter Homes – a new legal duty will be placed on councils to guarantee the delivery of Starter Homes on all reasonably sized new development sites, and to promote the scheme to first-time buyers in their area.
The new Non Majors Performance Do you know your non majors (minors and others) performance? We think it will be 60% threshold NB: you are already in the 6th of the 8 quarters which make up performance period (July 2014 – June 2016)
Table 153 (minors and others) for 24 months to end of June 2015 ONS Name Total minor and other development decisions 1 Total minor and other development decisions 1 within 8 weeks 2 PPA, agreed EoT or EIA decisions 3,4 PPA, agreed EoT or EIA decisions within agreed time 3 % within 8 weeks or within agreed time with penalty for missing data Adur Bournemouth 1,9391, Bracknell Forest 1,5301, Calderdale 2,3421, East Hertfordshire 2,6342, Enfield 3,1822, Epsom and Ewell 1,4641, Hastings Havering 3,0482, Mole Valley 2,0551, Portsmouth 1,5301, Rotherham 1,8541, Salford 1,4051, Scarborough 1, South Cambridgeshire 2,7771, South Staffordshire 1, St Albans 3,9642, St Edmundsbury 1, St. Helens 1,2361, West Devon
Table 151 (majors)for 24 months to end of June 2015 ONS Name All Major Decisions Major Decisions within 13 weeks 2 PPA, EoT or EIA Decisions 3 Total PPA, EoT or EIA 1 Decisions within agreed time % within 13 weeks or within agreed time with penalty for missing data Adur Bournemouth Bracknell Forest Calderdale East Hertfordshire Enfield Epsom and Ewell Hastings Havering Mole Valley Portsmouth Rotherham Salford Scarborough South Cambridgeshire South Staffordshire St Albans St Edmundsbury St. Helens West Devon
Local Plan Intervention Will this affect you? Do you have a post 2004 plan? Are you going to have a plan in place by 2017(?) ? Will you care? Do you have an up to date plan (post NPPF (post 2012))?
Government Agenda Housing & Planning Bill Is any of this causing you concern? Have you started to do anything in response yet? This is an opportunity to ask questions, get clarifications and vent!!!!! - but there will have a time limit.