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Planning and Hughenden Changes afoot? The NPPF, Local Plans and - PowerPoint PPT Presentation

Hughenden Parish Metting Planning and Hughenden Changes afoot? The NPPF, Local Plans and Localism 29 th May 2012 Jerry Unsworth - Head of Planning & Sustainability


  1. Hughenden Parish Metting Planning and Hughenden Changes afoot? The NPPF, Local Plans and Localism 29 th May 2012 Jerry Unsworth - Head of Planning & Sustainability

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  3. Tonight’s session � How the Planning system is changing NPPF Localism Act and Neighbourhood Planning Directives/ opportunities � The decision making process � Planning policies applying to Hughenden � Some challenges Questions and Discussion

  4. Planning is…..? a decision making framework which aims to manage competing uses for space by setting out a vision for places in plans; balancing economic, social and environmental needs; providing legitimacy through effective consultation and testing of evidence; delivering the right change on the ground

  5. Planning & Sustainability 164,000 • Spatial Planning 8,500 • Development Management • Building Control 175,000 2,630 400 73 575 96% 74% 17 Our Needs…Our Environment…Our Economy

  6. National Planning Policy Framework

  7. NPPF - Overview • Published end March • Summary Information Sheet on WDC website • Slimmed down national policy • Replaces Policy Statements (“PPGs/ PPSs”) • Applies NOW – to Decisions and Plan making • Changes from draft – more balanced? • Transitional arrangements - “weight” issues

  8. NPPF - Key Elements 1. Presumption in favour of sustainable development - “golden thread” 2. Growth agenda – “significant weight…. to support economic growth” through planning 3. Plan-led – evidence based (NB Local Plan not Local Development Framework!) 4. Development Decisions look for solutions

  9. NPPF – For Local Planning Local Plans should: …meet objectively assessed needs, with sufficient flexibility to adapt to rapid change, unless: - Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits….” - Specific policies in NPPF indicate development should be restricted - 15 year + horizon - Duty to Co-operate

  10. NPPF – for Development Decisions For Development Decisions, means: • “approving development proposals that accord with the development plan without delay: and • Where the development plan is absent, silent or relevant policies are out-of- date, granting permission unless” - adverse impacts significantly and demonstrably outweigh… - specific policies in NPPF restrict devt • Looking for solutions

  11. NPPF – Housing/ Economy/ Transport • Housing – Meet objectively assessed needs for market and affordable housing – Demonstrate 5 year supply of “deliverable” housing – Encourage brownfield/ prefer sites of lower environmental value • Economic/ Infrastructure – Meeting business needs - Town centres/ Rural – Sustainable transport solutions (carbon reduction)

  12. NPPF – Environment/ Green Belt • Govt “attaches great importance” to G Belt • Purposes the same • Change GB boundaries exceptionally • Strong protection national designations (Green Belt/AONB/SSSI etc) • Recognise intrinsic quality and character of countryside • Range of policy guidance – eg natural environment, local Green Space protection flooding, historic environment, climate change

  13. What’s gone and what remains? Gone • All PPGs and PPSs (but note new PPS on Gypsies and Travellers) • Planning Obligations circular • Various letters to chief planners Remains (for time being) • Some CLG Practice Guidance but likely to be reviewed/ streamlined • Some separately published Annexes to PPGs/PPSs

  14. NPPF - Transitional Arrangements • Applies now to Development Management decisions – including “presumption in favour” • Wyc Core Strategy – full weight for 12 months (to March ‘13). Then judgment re consistency. • Wyc Local Plan – judgment re consistency • Much is consistent with NPPF – some variations But ….. • Issue of weight to be attached to different factors – presumption in favour v significance of impacts

  15. NPPF and our plan making • New Local Plan – commence work late 2012 • Looking at programme to see how soon can get in place • New evidence base required – assess development needs, infrastructure requirements + constraints • New housing target for Wycombe – + site allocations + development management policies – Gypsies and Travellers • New Local Plan + current ‘Delivery and Site Allocations Plan’ to sit alongside each other

  16. Neighbourhood Planning

  17. Neighbourhood Planning part of wider localism agenda • Government is actively • Dismantling regional structures • Opening up public services • Empowering Local Authorities • Developing the neighbourhood agenda • But Government is also actively • Promoting growth • Providing financial incentives • Requiring plans to be evidence based

  18. Decentralisation – giving away power to individuals, local authorities, professionals and communities Right to Build Right to Right to Bid & n’bourhood Challenge planning Big Society - people, neighbourhoods and communities have more powers and scope to use them to create better services and outcomes Building the Big Society through the Localism Act

  19. Planning Reform Tools Local Plans National Policy - NPPF Neighbourhood Plans Incentives Community eg New Homes Right to Build Bonus and N’hood Dev’t Orders

  20. N’hood Plans – what they can do? • Principal objective “to increase the rate of growth of housing & economic development” • Set out planning policies for a neighbourhood - where homes, shops and businesses should go • Say what these things should look like • Plans could be simple and short, or go into great detail if you want … but • Evidence based

  21. and what can N’hood Plans not do? • Stop development already allocated or permitted • Propose policies contrary to the Council’s strategic policies or national policies (NPPF) • Propose less development than that identified in the development plan • Propose development which would breach other legal requirements, such as EU regs

  22. Legal requirements – n’hood Plans • Must be about development or use of land • Prepared by PC in a “parished” area • Local consultation/ engagement • Independent examination – 3 key tests for ‘fit’: – NPPF (presumption in favour of Sustainable Devt) – WDC Local Plan - conformity – EU obligations, human rights • If pass > Local referendum – requires majority • Plan gets statutory status

  23. N’hood Plans - who pays? £17,000 - £63,000, up to max £200,000? • WDC – pay for independent examinations/ referenda – provide support/ advice …but: • Not required to give financial assistance • Charging for expenses incurred • Promoters of Neighbourhood Planning – Groups/individuals in the community – Developers • Government – ££s to be made available (Examinations/ Referenda)

  24. The decision making process ...how the system work ...and decisions are taken

  25. Key Legal Basis Section 38(6) Planning and Compulsory Purchase Act 2004 & Town and Country Planning Act 1990 “Planning applications must be determined in accordance with the development plan unless material considerations indicate otherwise” “This NPPF does not change the statutory status of the development plan as the starting point for decision making.”

  26. So what is the “Development Plan”? Wycombe � Local Plan (‘04) - start review later this year � Core Strategy (‘08) - start review later this year � Delivery & Site Allocs (DSA, ’12) - when adopted (hopefully early 2013) - town centres, some policies eg green space Other � South East Plan (on last legs!) � BCC Minerals & Waste Core Strategy � Potentially Neighbourhood Plans

  27. • Privacy/ loss of light • Loss of value to property • Traffic generation/ car • Loss of view parking • Personal disagreements • Noise • Boundary disputes • Need for the development • Covenants • Economic benefits • Commercial competition • Character of area • Construction Disturbance • Design and layout (most) • Previous similar • Matters controlled under decisions. other legislation (such as Building Regulations & Env • Etc, etc,. Health) Material Planning Considerations

  28. Community Infrastructure Levy (CIL) • Funding for infrastructure – Proportionate to amount of new development (principally housing) based on statutory charging schedule – Will replace most S 106 financial contributions • Late July – examination • Autumn – adopt • “Meaningful proportion” – to go directly to local communities (Parish Council) for local infrastructure - awaiting government ruling

  29. Planning apps/ decisions • WDC the “Local Planning Authority” for most (BCC for minerals/ waste) • Consultation and comments • In accordance with the Local Plan/ “material considerations” • Not determined by just public vote! • Reports always set out issues/ reasons

  30. Making a decision involves balancing these (sometimes competing) issues and more!

  31. Planning policies now applying to Hughenden Parish

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