1. Planning

2. In the news…
Wind farms
Housing extensions exempt from needing planning permission
HS2 derailed?
Boris Island
Housing shortage – affordable homes

3. Planning – the process Two key areas:
Forward planning – strategies/masterplans (counties/unitaries)
Development control – councils deciding on planning applications (districts/boroughs/unitaries)

4. Planning Applications
Determined by district/boroughs in accordance with their Local Development Framework - LDF
Is a quasi-judicial function of local authorities – decisions must be based on planning considerations (local opposition not a reason!)
Determined by councillors or delegated to planning officers

5. Planning applications – the process
Planning application is submitted by applicant
Council must publicise details and consult relevant parties or govt. depts (between three and eight weeks)
Relevant parish council must be consulted
Planning notices can be published in local newspapers
Councils now list applications on websites

11. Planning applications – the process
Councillors or officers consider the application and draw up a report with recommendation
More important/significant applications decided by planning committee of councillors
Others delegated to planning officers
Some councils allow residents/applicants to speak at planning meetings

12. Planning applications – the process
Application can be:
Approved by council – allowing work to start
Rejected – allowing applicant to appeal
Approved with conditions – also allowing appeal
Called in by DCLG (govt.) who may order inquiry – eg Terminal 5 Heathrow*Lydd Airport*Brighton and Hove stadium

13. Outline or detailed planning consent?
Outline planning permission:
“In principle” consent for development
Lasts for five years
Detailed planning permission
Fully developed proposal setting out precise location; dimensions; appearance; number of homes; transport issues etc
Lasts five years

14. Planning appeals Are dealt with by Planning Inspectorate
Can only be made by applicant
1.Written representation: Usually for smaller schemes.
2. Informal hearing: Led by inspector, usually held at council. Less rigid than….
3.Public inquiry: Inspector will hear evidence, listen to representations, cross-examine witnesses. May last days or weeks.
Inspector will publish his decision. No appeal after this stage other than through Judicial Review (not common)

15. “Called in” applications
Possible where:
Conflict with national policy on important matters
Could have significant impact beyond local area –for eg, airport expansion
Give rise to regional or national controversy – eg Heathrow; High Speed 2
Involves issues of national security

16. Planning conditions – Section 106 agreement
Where councils require developers to make financial contribution to meet relevant infrastructure costs, eg new road, extra school places
Is directly related to development
Is fair and reasonable in relation to size/scale of development

17. Local plans – Local Development Frameworks (LDF)
The “policy framework” for local authority areas
Sets out how planning will be controlled in each area
Includes policies on land use, the environment, transport, business, regeneration as well as house building targets
Include information on specific sites
Should reflect (“have regard to”) national and regional policy, accounting for local needs
Is the starting point for considering all planning applications

18. Govt changes to planning
National Planning Policy Framework (NPPF)
Published 2011
Aims:
Streamline planning policy
Hand back power to local communities
Presumption in favour of sustainable development – “a developers’ charter”?
Planning authorities to be “positive and proactive” in encouraging growth+addressing barriers to investment

19. Localism – what will it mean
Residents can draw up own “community plans”
Reform of community infrastructure levy (Section 106) to cover costs of maintaining as well as providing infrastructure
Major planning applications (for eg train lines, airports, power stations) to be determined by ministers

20. Green belt Land protected by law from development
Designed to check urban sprawl; safeguard countryside and retain land for farming and leisure
Prevents towns merging into one another
Helps preserve special character in historic towns and villages
Strict rules prevent development; any relaxation must be approved by govt.

21. Conservation areas
Areas of special architectural or historic interest whose character or appearance is worth preserving
Councils have powers to designate
Government can too but only in “special circumstances” – more than local interest
“Specialness” is judged against local and regional criteria
8,000 in England (first in 1967)

22. Conservation areas, ii
English Heritage can designate in London (after consultation with London borough and heritage minister)
Within an area, council has extra controls over:
1. Demolition – planning permission needed
2. Minor developments – eg windows, satellite dishes which normally would not need planning permission but do in CAs
3. Protection of trees – tree preservation orders

23. Conservation areas, iii
Special character could be related to:
Characteristic building materials
Gardens, parks and greens
Trees and street furniture (eg railings, lights)
Not just about the appearance of buildings

24. Listed buildings
Buildings of special architectural or historic interest
For eg castles, cathedrals, milestones, village pumps but also houses (stately homes) but also more contemporary buildings
All buildings built before 1700 are listed
Most between 1700 and 1840 are
About 443,000 in total (most Grade 11)

25. Areas of Outstanding National Beauty (AONB)
40 AONBs in England and Wales (35 wholly in England, 4 in Wales and 1 which straddles the border)
Landscape whose distinctive character and natural beauty are so outstanding that it is in the nation's interest to safeguard them
No development permitted in AONBs but nothing to stop development alongside
Care entrusted to local authorities, organisations, community groups and the individuals who live and work within them

26. AONB’s ii
Designation of AONB is responsibility of Natural England, government Quango
Designation on basis of their flora, fauna, historical and cultural associations; scenic views
The Countryside and Rights of Way Act, 2000 (the "CRoW" Act) added further regulation and protection, ensuring the future of AONBs as important national resources

27. AONB iii Some examples: Isles of Scilly (smallest, designation 1976)
Cotswolds
Parts of Cornwall – Lands End, Lizard Peninsula
Kent Downs – includes Dover White Cliffs

28. National Parks
Ten National Parks in England, 3 in Wales and 2 in Scotland
England -  Dartmoor, Exmoor, Lake District, New Forest, Northumberland, North York Moors, Peak District, the Yorkshire Dales, the South Downs and the Broads
Wales - Brecon Beacons, Pembrokeshire Coast and Snowdonia
Scotland - Cairngorms and Loch Lomond and the Trossachs.

29. National Parks ii
Each administered by its own National Park Authority, independent bodies funded by central government.
These authorities:
conserve and enhance the natural beauty, wildlife and cultural heritage
promote opportunities for the understanding and enjoyment of the special qualities of National Parks by the public.

30. Building Regulations
Define how a new building is to be built so that it is:
Structurally safe
Protected from risk of fire
Energy efficient
Has adequate ventilation