An Introduction to Planning Training for new Members 20 th May 2011
An Introduction to Planning: Today’s Tutor • James Croucher MTP MRTPI • Member of the Royal Town Planning Institute • In planning practice since 2001 • Former Development Control Manager
An Introduction to Planning: Today’s Tutor • James Croucher MTP MRTPI • Member of the Royal Town Planning Institute • In planning practice since 2001 • Former Development Control Manager
An Introduction to Planning: Module Contents • A brief history of planning, and • Heritage assets, landscape why we need it designations and ecological matters • How the planning system works • Environmental Impact Assessment • An overview of the planning policy framework • Race relations and crime & disorder • How applications are determined • Appeals • Enforcement expedience and tools
An Introduction to Planning “Planning shapes the places where people live and work and the country we live in. Good planning ensures that we get the right development, in the right place and at the right time. It makes a positive difference to people’s lives and helps to deliver homes, jobs, and better opportunities for all, whilst protecting and enhancing the natural and historic environment, and conserving the countryside and open spaces that are vital resources for everyone. But poor planning can result in a legacy for current and future generations of run-down town centres, unsafe and dilapidated housing, crime and disorder, and the loss of our finest countryside to development.” Paragraph 1, Planning Policy Statement 1
A brief history of planning - and why we need it • The need for planning grew with the industrial revolution and resultant influx of people arriving to escape rural poverty and find work in Britain’s growing cities. • Housing was built quickly and cheaply with little thought for sanitation, or what we now think of as infrastructure. • These slums and associated diseases resulted in public health reform and by 1875 acts of Parliament designed to improve housing conditions. • The first Housing and Town Planning Act was adopted in 1909 followed by Housing Acts in 1919 and 1930. • At this time Sir Ebenezer Howard’s Garden City movement gained momentum and led to the New Towns movement and New Towns Act 1946. • However it the post-war Town and Country Planning Act 1947 that created the framework for today’s current system of planning. • Basic national legislation governing the planning system is set out by the Town and Country Planning Act 1990 . This Act has been amended several times, particularly by the recent Planning and Compulsory Purchase Act 2004 .
How the planning system works Three levels of planning? National, Regional & Local 1. National • The Department for Communities and Local Government (DCLG) set planning policy through White Papers, Circulars, Planning Policy Statements (PPS), Mineral Planning Statements (MPSs) and Regional Spatial Strategies (RSS). • In exceptional circumstances, confirming the adoption Local Development Plans prepared by local authorities may happen at a national level. • Decisions on planning appeals and major planning applications can be made at this level. • The Planning Inspectorate provides inspectors to hear appeals and carry out independent examinations of Local Development Documents. An inspector will also provide a report with a recommendation to the Secretary of State where planning decisions have been “called in”. 2. Regional • Regional Planning Bodies were responsible for preparing, monitoring, and reviewing Regional Spatial Strategies (RSS) to broadly guide a region’s development. • In 2010 the Secretary of State, Eric Pickles stated the government’s intention to abolish Regional Spatial Strategies. This statement is now considered to be a material consideration when making planning decisions.
How the planning system works 3. Local • In England Local Planning Authorities (Metropolitan, Unitary and District Councils) are responsible for preparing the Local Development Framework (LDF) for their area and consists of planning policy documents. • LPAs are also responsible for dealing with applications for, and enforcement against development schemes. • Where there is a County Council, it has responsibility for Minerals and waste planning and their own development, for example with regard to highways and education. In addition the County Council may also be involved or comment on regional or local planning matters. Who makes decisions at the local level? • Utilising their knowledge of planning law, policy and procedure planning officers provide advice to members of the public and developers. These planners are usually split into two groups - those dealing with planning policy and those dealing with development control or development management. • Smaller applications are decided within the planning policy framework by officers who act under powers delegated by the LPA. • Elected members of the council (planning committee) decide large-scale or contentious planning applications and formally approve planning policy documents. Advice to planning committee on such applications is provided by planning officers in the form of planning reports.
An overview of the policy planning framework • European directives and laws • National planning legislation (e.g. Town and Country Planning Act 1990, Planning and Compulsory Purchase Act 2004) • National planning policy (e.g. Planning Policy Statements (PPS) and Minerals Policy Statements (MPS), Government circulars, Government white papers, ministerial statements) • National Policy Statements. These outline Government policy on major infrastructure • Local development plans (e.g. Local Development Framework, Core Strategy)
How applications are determined “If regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise”. Section 38(6) Planning and Compulsory Purchase Act 2004 Although the determination of planning applications are made on each application’s own merits, the decision should be policy-led. The problem with this system is highlighted in a parliamentary briefing paper. “It is the policy framework which places the greatest constraints upon councilors' ability to reflect local community interests. The principal reason for Britain’s national policy framework, indeed, is the need to pursue objectives, such as housing targets, that will often override local community wishes”. Sweet & Maxwell Encyclopedia of Planning Law and Practice, Monthly Bulletin, August 1997. p 19
Appeals Appeals can be made: • Against a decision to refuse planning permission • If the applicant is unhappy with the conditions attached to a permission • For non-determination of an application (if a decision on a proposal is not made within appropriate limits – 8 weeks for most applications, 13 weeks for major applications) • Against an enforcement notice Appeals are dealt with by the Planning Inspectorate (PINS) on behalf of the Secretary of State • Only the applicant can appeal against an LPA decision. There is currently no right for third parties, although they do have a right to make their views known at appeal. • The appellant must provide good planning reasons why permission should be granted, based on development plan policies and/or other material considerations.
Appeals Appeals can be made in 3 ways • Written Representations • Informal Hearing • Public Inquiry Councillors who reject a planning application that officers have advised them to approve risk their decision being overturned on appeal - and if no good planning reasons for the decision have been given, costs may be awarded against the Council. Unreasonable Behaviour may arise in many ways but the main reasons for costs awards tend to result from the following:- • Causing an unnecessary appeal to be heard • Cancelling or delaying an appeal without good reason • Failure to produce proper (or any) evidence to support or defend the appeal • Improper conduct during the inquiry or hearing • Failure to attend or be represented without good reason
Appeals • There is no third party right of appeal against the grant of planning permission • An objector may challenge the Council’s decision by way of Judicial Review • In Judicial Review proceedings the court will intervene as a matter of discretion to: (a) either quash, prevent, or require a decision (b) clarify the law, or (c) compensate the applicant.
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