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Rushcliffe Borough Council Development Management Process Changes to Planning Legislation Andrew Pegram Service Manager, Communities February 2015.

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Presentation on theme: "Rushcliffe Borough Council Development Management Process Changes to Planning Legislation Andrew Pegram Service Manager, Communities February 2015."— Presentation transcript:

1 Rushcliffe Borough Council Development Management Process Changes to Planning Legislation Andrew Pegram Service Manager, Communities February 2015

2 Parish Forum February 2015 Rushcliffe Focus of session will be on: -the role of the planning system -changes in the world of planning Shale Gas exploration/extraction -what is it? -role of the Borough Council? Improving access to the service -new online systems -Parish/Town Council Cluster Sessions Aim of today’s session

3 The basics? The role of the planning system is to regulate “development”, defined by Section 55 of the Town and Country Planning Act 1990 as: “Any building, mining, engineering or other operation in, on or under land and any material change of use” Development may only be carried out with appropriate planning permission: -granted by the Local Planning Authority; or -under permitted rights Rushcliffe Parish Forum February 2015

4 Other forms of development/related applications: advertisement consent special consents for Listed Buildings demolition of buildings works to trees (protected by Tree Preservation Order or within a Conservation Area) telecommunications masts prior approval submissions section 106B applications Rushcliffe Parish Forum February 2015 The basics?

5 Recent changes in the world of planning National Planning Policy Framework – Published March 2012 -‘Presumption in favour of sustainable development’ -‘Proactively drive and support sustainable economic development to deliver the homes, business and industrial units, infrastructure and thriving local places that the country needs’. -‘The Government is committed to ensuring that the planning system does everything it can to support sustainable economic growth’. -‘Local planning authorities should look for solutions rather than problems…… Local planning authorities should work proactively with applicants to secure developments that improve the economic, social and environmental conditions of the area’. Rushcliffe Parish Forum February 2015

6 Recent changes in the world of planning Enterprise and Regulatory Reform Act 2013 Obligatory Pre-Application Consultation on Wind Turbine Development – 17 December 2013 National Planning Practice Guidance – Published March 2014 Pre-application discussions and managing applications for large scale development – Development Management approach Rushcliffe Parish Forum February 2015

7 Changes to the Town and Country Planning (General Permitted Development) Order 1995 Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2012 – 6 April 2012 - Introduced permitted development rights for installation of non- domestic microgeneration equipment – 6 April 2012 The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2012 – 1 October 2012 -Creation of flats in a mixed use building Recent changes in the world of planning Rushcliffe Parish Forum February 2015

8 Changes to the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013 – 30 May 2013 -Amendments to permitted development rights for ‘rear’ extensions to dwellings -Change of use of offices to dwellinghouses -Change of use of a building and land within its curtilage to a state-funded school -Change of use of agricultural buildings to shops, offices (finacial and professional services and business), restaurants and cafes, storage and distribution, hotels or assembly and leisure uses (all of above are subject to a prior approval process) Recent changes in the world of planning Rushcliffe Parish Forum February 2015

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11 Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013 – 30 May 2013 -Use of a building and any land within its curtilage as a state-funded school -Changes of use of premises for commercial purposes, e.g. shops, offices and restaurants/cafes Recent changes in the world of planning Rushcliffe Parish Forum February 2015

12 Rushcliffe Parish Forum February 2015 Class M – (came in to force 30 May 2013) Change of use of agricultural building and land within its curtilage to: Shop (Class A1) Financial and Professional Services (Class A2) Restaurants and cafes (Class A3) Storage or distribution (Class B8) Hotels (Class C1) Assembly and leisure (Class D2) Recent changes in the world of planning

13 Rushcliffe Parish Forum February 2015 Conditions of Class M Permitted Development Where cumulative floor space of the building or buildings changed use within an original agricultural unit does not exceed 150 square metres, the Local Planning Authority must be provided with the following information: The date when the use of the site for any of the flexible uses started; The nature of the use or uses; and A plan showing the site and which building(s) have changed use

14 Rushcliffe Parish Forum February 2015 Conditions of Class M Permitted Development Where cumulative floor space of the building or buildings changed use within an original agricultural unit exceeds 150 square metres and does not exceed 500 square metres, an application must be submitted to the Local Planning Authority for a determination as to whether the prior approval of the authority will be required. Issues considered will include transport and highways impacts, noise, contamination and flood risks.

15 Town and Country Planning (General Permitted Development) (Amendment and Consequential Provisions) (England) Order 2014 – 6 April 2014 -Change of use from a shop to a deposit taker -Change of use of shops and offices to a dwellinghouse -Change of use of an agricultural building to a state-funded school or regsitered nursery (subject to an application for prior approval) -Change of use of an agricultural building to a dwellinghouse (subject to an application for prior approval) Recent changes in the world of planning Rushcliffe Parish Forum February 2015

16 Rushcliffe Parish Forum February 2015 Class MA – (came into force on 6 April 2014) Change of use of an agricultural building and land within its curtilage to use as a state funded school or a registered nursery. Subject to certain conditions including a requirement that an application must be submitted to the Local Planning Authority for a determination as to whether the prior approval of the authority will be required. Issues considered will include transport and highways impacts, noise, contamination and flood risk and whether the location or siting of the building is appropriate for the use. Recent changes in the world of planning

17 Rushcliffe Parish Forum February 2015 Class MB – (came into force on 6 April 2014) Change of use of an agricultural building and land within its curtilage to a dwellinghouse; and building operations reasonably necessary to convert the building to a use as a dwellinghouse. Subject to certain conditions including a requirement that an application must be submitted to the Local Planning Authority for a determination as to whether the prior approval of the authority will be required. Issues considered will include transport and highways impacts, noise, contamination and flood risk and whether the location or siting of the building is appropriate for the use. Recent changes in the world of planning

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21 Rushcliffe Parish Forum February 2015 What is the difference between different types of gas resource?

22 Rushcliffe Parish Forum February 2015 What is involved with Shale Gas extraction?

23 Rushcliffe Parish Forum February 2015 Shale gas extraction explained

24 Rushcliffe Parish Forum February 2015 Where are the Shale Gas reserves in Rushcliffe?

25 Rushcliffe Parish Forum February 2015 Shale Gas Exploration and Extraction - Consent Regime Planning Applications for extraction of minerals (including Shale Gas) are determined by the County Council District/Borough Councils are consulted on such applications License required – issued by Department for Energy and Climate Change Abstraction license may be required from the Environment Agency. EA may also require Environmental Permit at exploration stage.

26 Rushcliffe Parish Forum February 2015 Planning Online – New online planning portal went live October 2014

27 Rushcliffe Parish Forum February 2015 Enhanced facilities – including advanced search facility. Can search using range of criteria including: Reference Number Keyword in description Application type Address Activity in a given date range

28 Rushcliffe Parish Forum February 2015 Also a map search function available

29 Rushcliffe Parish Forum February 2015 Ability to measure on screen

30 Rushcliffe Parish Forum February 2015 Coming Soon Consultee Access

31 Rushcliffe Parish Forum February 2015 Consultee Access

32 Rushcliffe Parish Forum February 2015 Consultee Access

33 Rushcliffe Parish Forum February 2015 Consultee Access

34 Rushcliffe Parish Forum February 2015 Information, help and advice is available in a number of ways: On the Rushcliffe Borough Council website at www.rushcliffe.gov.uk/planningandbuilding/ www.rushcliffe.gov.uk/planningandbuilding Duty Officer By phone: 0115 981 9911 Send an e-mail to developmentcontrol@rushcliffe.gov.ukdevelopmentcontrol@rushcliffe.gov.uk Other useful websites www.planningportal.gov.uk www.communities.gov.uk Parish/Town Council Cluster Sessions?

35 Rushcliffe Parish Forum February 2015


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