1. Planning in Principle Moving to a More Zonal Planning System Neil Wilkinson Spatial Planning & Environment Manager Gateshead Council

2. Fixing the Foundations, July 2015 “The government is committed to an urban planning revolution on brownfield sites… …legislating to grant automatic permission in principle on brownfield sites… subject to the approval of a limited number of technical details. On brownfield sites, this will give England a ‘zonal’ system, like those seen in many other countries, reducing unnecessary delay and uncertainty.”

3. Planning in Principle PIPs introduced Housing and Planning Bill 2015 Permissions in Principle (PiP) – By application decided by councils – Granted by the SoS through a development order – Land allocated for development in a qualifying document Brownfield Register Development Plan Neighbourhood Plan

4. Brownfield Register National Planning Policy Framework  Planning policies and decisions should encourage the effective use of land by re-using brownfield land provided that it is not of high environmental value.  Local councils can set locally appropriate targets for using brownfield land. Manifesto Commitments  Ensure that brownfield land is used as much as possible for new development.  Require local authorities to have a register of what is available, and ensure that 90 per cent of suitable brownfield sites have planning permission for housing by 2020. Statutory Register  Will improve the availability and transparency of information, providing certainty and encouraging investment.  Help to measure progress in delivering permissions.

5. Brownfield Register ‘Permission in principle’ to be granted for suitable sites on local registers To exclude sites that require screening for EIA/HRA (which can be taken forward though the usual planning application route) and sites that have existing planning permissions Decisions about potential sites that are eligible for ‘permission in principle’ will be for local authorities Draft list of potential sites to be subject to public consultation and consultation with statutory consultees

6. Planning in Principle PIPs not permission to build - the fundamental principles are acceptable. PIPs identify the site – red line, use – housing-led development – amount of development – range may be acceptable. LPA’s must have regard to the development plan and any other material considerations, plus any Secretary of State guidance. For sites in development plans or on brownfield registers, permission in principle will expire 5 years from when it takes effect (i.e. when the plan is adopted/ made, or the register is published/ reviewed). Where permission in principle is granted on application, it will expire after 3 years. Requires subsequent Technical Detail Consent.

7. Technical Detail Consent Technical Detail Consent applications would be subject to a fee Technical Detail Consent applications – relate to a site where permission in principle is in place; – propose development in accordance with the permission in principle; – be contained in a single application (i.e. not broken down into a series of applications). Decisions in principle secured through PIPSs are not negotiable at the Technical Detail Stage - greater certainty to developers. Technical Detail Consent may include conditions Technical Detail Consent can only be refused on the grounds of previously unconsidered technical matters.

8. 8 Permission in Principle (1) Permission in principle model “Permission in Principle” (PIP) Certainty on “in principle issues” of land use, the location and the amount of development “Technical Details Consent” (TDC) Sufficient process to deal with technical matters Permission in Principle (PIP) Technical Details Consent (TDC) Permission to Build

9. 9 Permission in Principle (2) Applying the PIP Model Plan and Registers grant permission in principle Application for permission in principle (Small sites) Local Plan Neighbourhood Plan Brownfield register Application for Technical Detail Consent 1) 2)

10. The Housing and Planning Bill has received Royal Assent Secondary legislation required for the detailed process

11. Questions Are LPA collecting and reviewing the necessary information on housing land & deliverability as part of their plan making Increase workload of Council planning policy teams preparing Local Plans – 2017 deadline set by government Will LPA receive the relevant resources to meet their statutory obligations The choice about where to give permission in principle will be a local one Appeals – by both landowners and by neighbours how will these be handled

12. Questions How do ensure that we have sufficient detail to enable a decision to be taken for example whether an EIA is required, and consideration of the mitigation proposed, even though that will not be secured until the TDC stage. How do we ensure adequate consultation and publicity measures are in place for the proposed Brownfield Register, Allocation documents – statutory consultees, Duty to Cooperate, neighbour notification, site notices Are we comfortable moving towards zonal planning system away from discretionary planning Are we creating a confusing framework for all