muston planning for Bath & North East Somerset Council 3 June 2015 Councillor Training – Planning Mike Muston – Muston Planning

Basis of Current UK System UK system gives flexibility and discretion Is intended to be “plan-led” We are guided by:- –Primary legislation –Secondary legislation –Government advice (NPPF & NPPG) –Case law muston planning

The Development Plan Section 54A of the 1990 Act now replaced by Section 38(6) of the 2004 Act “If regard is to be had to the development plan for the purpose of any determination under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.” muston planning

The Development Plan in B&NES Currently includes the Local Plan adopted in 2007 – many policies from this document saved Core Strategy adopted in 2014 Placemaking Plan Options Document went out for consultation in November 2014 muston planning

The emerging Placemaking Plan Will only become part of the Development Plan when adopted by the Council At present can be given some weight as a material consideration but not part of the Development Plan Will gain weight as it goes through stages towards adoption muston planning

Placemaking Plan The Placemaking Plan will: allocate sites for development for housing, employment and other uses to help meet development needs identified in the Core Strategy; review and update the development management policies used in the determination of planning applications facilitate the delivery of key development sites; safeguard and enhance the quality and diversity of places in B&NES including the protection of valued assets and identifying opportunities for change; and provide the opportunity to work together with local communities to review Housing Development Boundaries. muston planning

“Primacy” of Development Plan Development plan should always be the first consideration when looking at a planning application Need to consider first whether application complies with the Development Plan as a whole Different policies can pull in different directions Once established whether proposal does or does not comply with Development Plan, then consider whether “material considerations” indicate that a decision otherwise than in accordance with the Development Plan may be appropriate muston planning

When Development Plan no longer has full force When it is no longer up-to-date and/or clashes with more recent Government guidance (e.g. NPPF) Note that the whole Plan does not lack full force, just those parts which no longer comply with more recent Government guidance muston planning

Relevance of other policy documents Policy documents that do not form part of the Development Plan are included as other “material considerations” Of particular relevance here are Supplementary Planning Documents (SPD) or older Supplementary Planning Guidance (SPG) – if gone through proper process should be given “substantial weight” Other policy documents can be relevant but beware of e.g. Parish Plans not adopted as SPD that can only be given little weight muston planning

Purpose of Planning NPPF emphasises the positive as opposed to the controlling or regulatory side of planning to contribute to the achievement of sustainable development (in other words, development management, rather than control) At the heart of the National Planning Policy Framework (NPPF), there is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking” (para 14 of NPPF) muston planning

Delivering sustainable development Sustainable development has 3 strands, social, environmental and economic, which can sometimes be in conflict with each other The planning system provides the democratic means of giving weight to the different elements of sustainability muston planning

Government’s expectations for decision-taking approving development proposals which accord with the development plan, unless material considerations indicate otherwise when the development plan is absent, silent, or relevant policies are out of date, grant permission, unless: ­any adverse effects of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole, or: ­specific polices in the Framework indicate development should be restricted muston planning

Five year housing land supply Councils through their Local Plan(s) will have to identify objectively assessed housing need identify key sites critical to delivery and developable brownfield land in particular co-operate effectively with neighbouring councils failure to identify sufficient supply will result in appeal success for developers – para 49 of the NPPF makes it clear that an absence of 5 year land supply will mean housing policies being regarded as “out of date” this Council currently confident it can demonstrate a 5 year supply – but will be challenged by developers muston planning

In advance of DCC Meeting Read officer report and note any areas of uncertainty If any questions remain, contact the case officer to make them aware of those questions so they will be in a position to answer them at the meeting muston planning

At the DCC Meeting Listen to officer presentation and any public speaking – only make up your mind once you have all the information Remember that only material considerations can be given weight in the decision-making process Consider moving the advice or an alternative motion – if an alternative, need the basis for reasons for refusal or permission muston planning