PROJECT ORGANISATION

KEY SERVICES

PROJECT PLAN

CAD

FEES

PLANNING

BUILDING REGULATIONS

CODE OF CONDUCT

AREA CONVERTERS

PROCESS: PLANNING

The Planning System
The Planning System guides the future development and use of land in the long term public interest. The aim is to ensure that development and changes in land use occur in suitable locations and are sustainable. The Planning System must also provide protection from inappropriate development. Development Control is the process through which decisions are made on applications for planning permission, through the Local Authority for the area.

Development Plans
The Development Plans are produced by the local authorities and are the basis for decisions on planning applications. The plans contain the policies for the future development and use of land in an area.

Tier of Local Government Plan Role
County Councils Structure Strategic planning policy and context for local plans; realistic and consistent interpretation of national and regional policy; consistency between local plans of neighbouring areas; key diagrams - devoid of excessive detail.
Non-metropolitan Authorities, London Boroughs Local Mandatory for all areas. Detailed policies for the control of development; proposals for development and use of land and allocation of land for specific purposes; coloured scaled plans, site specific where believed important; guidance for day-to-day planning decisions; may designate 'action areas'; or local plans for minerals and waste.
Metropolitan Authorities, London Boroughs Unitary development plans Rolling together of structure (Part 1) and local plan (Part II) ingredients.
National Park authorities Park-wide local plans As for non-metropolitan DCs

Types of Planning Application
Planning permission is needed for 'development' as defined in planning law. Planning applications are made to the local authority, which has a statutory duty to make a decision within 2 months from the valid receipt of the application (4 months where an Environmental Statement is required). Decisions on complex or controversial schemes are likely to take longer. Pre-application discussions with the local planning authority are recommended to clarify the issues that need to be addressed in the planning application, thus avoiding refusal of planning permission and a subsequent appeal.

The following are different kinds of planning applications:
Outline planning application
An 'outline' scheme is submitted to the local authority to determine whether there is agreement in principle to the proposed development. An Outline Planning Approval will be valid for 3 years

Detailed planning application
Full details of the proposal are submitted to the local authority together with the relevant planning application form, site plan, drawings or plans to describe the proposal, relevant notification certificates and the appropriate fee. Detailed Planning Approval is valid for 5 years.

Conservation Area/Listed Building Consent
Developments that falls within a Conservation Area or affects a Listed Building may also require conservation area or listed building consent.

Approval of reserved matters
Planning Approval may be given subject to what are known as "Reserved Matters". This device is used by planning authorities to ensure that those aspects, which have not or cannot be determined at the time of application, are dealt with prior to construction. In some cases where an authority is concerned about the final specification of external materials, textures, colours they reserve this right to approve these on submission. Sample panels of materials may have to be prepared for submission and approval, not only the brickwork says but the bond, the pointing etc.

Key Issues
Permission
Normally this runs with the land not the applicant although personal consents can be granted.
Time Bar
An outline permission is valid for 5 years, a detailed consent for 3 years
Conservation areas etc.:
A different regime is likely to apply in these. Separate consents are needed for work in designated areas - National Parks for instance.
Section 106
The LPA can ask for a Section 106 planning 'gain' linked to a planning consent (e.g. giving land for road widening) to mitigate impact of the development beyond its site.
Enforcement
LPAs can enforce planning control 'to remedy any harm to amenity or other interest of acknowledged interest which may result from unauthorised development. Heavy lines are levied on failure to respond to enforcement procedures.
Right of Appeal
If the LPA rejects your application but generally only does not decide on it within a statutory 8 weeks you can appeal to the Secretary of State.
Calling-in
The Secretary of State may call-in applications but generally only does so if the planning issues are of more than local importance - 130 call-ins a year at the last count.

Contravention
Contravention of the Town and Country Planning Act might involve carrying out a building operation or a change of use without permission although cases involving architects are very rare.

Should retrospective planning approval not be given applicants will be obliged to set matters right. The commonest form of contravention involves changes of use - such as architect establishing an office in his house or flat.

Notice of Enforcement.
The authority, when the offence becomes known, serves a Notice of Enforcement on the offender requiring acknowledgment and action of redress. The Town Planning Act of 1990 and the Planning and Compensation Act of 1991 have brought procedures for enforcement up to date and reference should be made to the appropriate sections. Should an offence not be detected within a four-year period then the authority is time barred from taking action.

Revocation
The revoking of a previously granted planning permission is not common, since it requires the authority to compensate applicants. It is normally only invoked when a planning policy for an area has changed and there are current approvals not yet built.

The Planning and Compensation Act 1991
This recent act underlines the need for greater account to be taken by local authorities of their Development Plans in relation to the making of decisions concerning planning submissions.

The bulk of the document is concerned with indicating the nature of compensation which may be applied for those parties whose land or property has been affected by land development decisions or the lack of decisions concerning development which have occurred due to action of a government department or other authority.

The scale of compensation to be provided is more in line with market values than previously was the case proper to this Act.

Development Impact
Background
Assessment of impact was implemented in England and Wales through the Town and Country Planning (General Permitted Development) Order 1999. Separate provisions followed for Scotland and Northern Ireland.

Under the Environmental Impact Assessment (Scotland) Regulations 1999, some applications will require an Environmental Impact Assessment. The regulations set out the criteria for such applications and Planning Advice Note 58 also provides guidance.

Environmental impact Assessment (EIA)
EIA systematically examines the environmental consequences of projects, policies and programmes. It aims to provide decision-makers with an account of the implications of different courses of action before a decision is made.
Environmental Statement (ES)
ES is the vehicle for providing this account of implications of different actions in an EIA. ES is required as part of planning applications for certain types of projects.

What is required?
Three Schedules in the 1988 regulations set this out:
1. Projects that require an ES in every case
2. Projects requiring an ES only if the particular project in question are judged likely to give rise to significant environment effects.
3. Information on what should be included in the ES.

PLANNING POLICY GUIDANCE
PPG1 General policy and Principles
PPG2 Green Belts
PPG3 Housing
PPG4 Industrial and Commercial development and Small Firms
PPG5 Simplified Planning Zones
PPG6 Town Centres and retail Developments
PPG7 The Countryside - Environmental Quality and Economic and Social Development
PPG8 Telecommunications
PPG9 Nature Conservation
PPG10 Waste
PPG11
PPG12 Development Plans and Regional Planning Guidance
PPG13 Transport
PPG14 Development on Unstable land
PPG15 Planning and the Historic Environment
PPG16 Archaeology and planning
PPG17 Sport and Recreation
PPG18 Enforcing Planning Control
PPG19 Outdoor Advertisement Control
PPG20 Costal planning
PPG21 Tourism
PPG22 Renewable Energy
PPG23 Planning and Pollution Control
PPG24 Planning and Noise

USE CLASSES

Town and Country Planning (Use Classes) Order 1987
Use Classes

Class A
Class A1 Shops
(retail sale of ggods except hot food including hairdressers, funeral directors, hire shops and dru cleaners)
Class A2 Financial and Professional Services
(where professional and fiancial services are provided are provided to members of the visiting public)
Class A3 Food and Drink
(sale of oood and drink for consumption on premises and hot food 'take aways')

Class B
Class B1 Business
use for any of the following
a. offices (except use within A2)
b. Research and development
c. Industrial process ' which can be carried out in any residential area without detriment to the amenity
of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit'

Class B2 General Industrial
Class B3 Special Industrial Group A
Class B4 Special Industrial Group B
Class B5 Special Industrial Group C
Class B6 Special Industrial Group D
Class B7 Special Industrial Group E
Class B8 Special Industrial Group F

Class C
Class C1 Hotels and Hostels
Class C2 Residential Institutions
(e.g. hospitals and nursing homes)
Class C3 Dwelling House

Class D
Class D1 Non-residential Institutions
(e.g. schools and libraries)
Class D2 Assembly and Leisure
(e.g. cinema and bingo halls)

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Planning Green Paper: Delivering a Fundamental Change
The Planning Green Paper for England was published on 12 December 2001 and proposes fundamental changes to the Planning system. Changes are considered necessary to the current system for the following reasons:

Complex system
Multi-layered structure of plans - national, regional, county and local
National planning guidance is long and unfocussed
Rules for different types of development are unclear
Planning appeal procedure is obscure - difficult for people to understand

Customer focus and standards of service
Difficult to obtain straightforward advice on how to submit a planning application
User friendly information about planning is not always readily accessible
There are serious skill and resource shortages in most planning departments.
Elected Councillors are often insufficiently well trained to undertake their duties

Enforcement
Where planning regulations are broken, they are often not sufficiently enforced

The Proposals

Simplification of the plan system
Our current planning system is plan led, which means that that if planning applications are in accordance with the development plan, they are unlikely to be approved unless there are 'material considerations' that suggest otherwise. These may be, for example, subsequent national policy statements that may override the plan or changes in local circumstances. In practice, such material considerations very often do apply because local plans are frequently out of date.

The current system
National planning guidance - Panning Policy Guidance Notes, Mineral Planning Guidance Notes
Regional Planning guidance - strategic planning guidance in the regions
London - Spatial Development Strategy (prepared by Mayor)
County Councils - produce Structure Plans
District Councils - produce Local Plans
Unitary Authorities (metropolitan areas) - Unitary Development Plans (local & structure plan combined)

Local plans
Local Plans will be replaced with new Local Development Frameworks (LDF). The frameworks will include a clear set of criteria by which local authorities will be able to steer development and use growth to deliver the vision of their areas. Action plans will be drawn up for town centres, neighbourhoods and villages. The LDFs will connect with the local Community Strategy and help deliver the policies it contains.

The LDF will be prepared in a matter of months rather than years and should comprise:
- A statement of core policies setting out the local authority's vision and strategy to be applied in promoting and controlling development throughout its area
- More detailed action plans for smaller areas of change, such as urban extensions, town centres and neighbourhoods undergoing renewal
- A map showing the areas of change for which action plans are to be prepared and existing designations, such as conservation areas

The Statement of core policies will form the heart of the new LDF and should include:
- The framework's role in delivering the long term vision for the area
- Clear objectives for what the local authority is seeking to achieve in terms of development and the physical improvement of the area, together with a proposed timetable
- A strategy for delivering the objectives
- A statement of community involvement
- Criteria based policies to shape development and deliver the strategy

The statement will be concerned only with policies affecting the development and use of the land.

Action Plans will be principally about planning for local areas. Possible action plans should be identified within the statement of core policies and may include:
- Area master plans - for a major area of renewal or development supported by a detailed implementation programme
- Neighbourhood and village plans - the location of new development and the design standards to be applied
- Design statements - design standards and related performance criteria
- Site development briefs - detailed guidance for the development of specific sites

In order to prevent the LDFs being overtaken by new statements of planning policy at national, regional and county level the following measures will be taken:
- The statement of core policies must be continuously updated (annually)
- A continuously updated version of the LDF must be published on the local authority's website
- The core policies and vision for the area should be reviewed every 3 years
- National and regional planning policy will focus on issues which need to be addressed at those levels rather than in the LDF
- Structure plans will be abolished
- The updating and review of LDFs will be a requirement of Best Value
- Action Plans will be reviewed annually

Community Strategy
Local authorities have a duty to prepare Community Strategies, which should promote the economic, social and environmental well-being of their areas and contribute to the achievement of sustainable development. Community strategies will play a key role in informing the preparation of LDFs. All local authorities will be encouraged to work with Local Strategic Partnerships to establish effective mechanisms for community involvement

Sustainability Appraisal
An integrated appraisal of the LDF covering social, economic and environmental impacts will need to be carried out in accordance with the requirements of the EU directive on Strategic Environmental Assessment. The objective of the directive is to provide a high level of protection of the environment and to contribute to the integration of environmental considerations into the preparation and adoption of plans and programmes with a view to promoting sustainable development.

Regional Policy
The Regional strategies will be strengthened and provide a strategic policy framework within which LDFs and Local transport plans can be prepared.
- Regional Planning Guidance will be replaced with new Regional Spatial Strategies (RSSs)
- RSS will be given statutory status and LDFs and Transport Plans must be consistent with it
- RSS should outline specific regional or sub-regional policies, address the broad location of major development proposals and set targets and indicators
- Each RSS should provide the longer term planning framework for the Regional Development Agencies
- Comprehensive reviews will be required at least every 5 years

National Policy
All national planning policy guidance, Planning Policy Guidance notes (PPGs) and Mineral Planning Guidance notes (MPGs), will be reviewed to ensure there is more clarity. The PPGs that will be evaluated first will be:
PPG1 General Policy and Principles
PPG4 Industrial and Commercial Development and Small Firms
PPG5 Simplified Planning Zones (to be withdrawn & replaced with guidance on new Business Zones)
PPG6 Town Centres and Retail Development
PPG7 The Countryside: environmental quality and economic and social development
PPG15 Planning and the Historic Environment
PPG16 Archaeology and Planning

Changes in Development Control
Development control is the process by which decisions are made on applications to develop land or buildings or to change their use. The following measures are proposed:

· Introduction of a planning checklist so that people know how to submit a good quality planning application
· Tighten targets for determining planning applications and deal with the delays caused by statutory consultees
· Encourage masterplanning to improve the quality of development
· Promote better community involvement by offering community groups advice on planning
· Introduce delivery contracts for planning major developments
· Introduce new 'business zones' where no planning permission is required for certain forms of development
· Seek better and tougher enforcement against those who evade planning requirements

Model Checklist
- Name of applicant or their agent
- Signed and dated application form
- Signed and dated certificate of ownership
- Site identification plan identifying the site for development and any other land in an applicant's ownership or control
- A clear statement of what is proposed including its design, materials, impact, accessibility and environmental effects
- Clear plans of the proposed development at a suitable scale and in sufficient detail to allow the proposal to be assessed
- A statement of planning policies in the LDF which refer and the development's compliance with them
- A statement of the action plan policies or land use designations that apply and the development's compliance with them
- A copy of the notice served on the owner if this different from the applicant
- A statement of what consultation has been carried out in conformity with the Statement of Community Involvement and the originals of all correspondence with anyone affected by the proposed development who has been consulted
- A statement of consultation with any statutory and non-statutory consultees and their response
- Reasons in support of application

New targets for handling planning applications
The current target is for local authorities to determine 80% of applications within 8 weeks; however, the average performance is 65% and has been for many years. It is recognised that the target does not differentiate between large and small applications. New targets have therefore been set for 2002/03, which will be monitored through the Best Value regime.

- 60% of major commercial and industrial applications to be determined in 13 weeks
- 65% of minor commercial and industrial applications to be determined in 8 weeks
- 80% of all other applications to be determined in 8 weeks

Planning Obligations
Planning Obligations (section 106 agreements) are contractual agreements reached between a local authority and an applicant to help facilitate a development. Planning obligations have been criticised for being complex, difficult to agree and for delaying the planning process. A separate consultation document has been prepared with proposals for changing the basis of planning obligations and thereby making the system more efficient.

Business Planning Zones
In order to reduce planning delays and enable the planning system to meet the needs of fast-moving businesses, the introduction of planning zones is proposed. No planning consent will be necessary for development in the zones providing it is in accordance with tightly defined parameters. The zones will be specific to types of business that have a low impact on the surrounding area, such as clusters of high-tech industry.

Masterplanning
Masterplanning developments can help speed up the planning process by indicating clearly the nature, type and design of development expected on a particular site or area. Where a site is specifically identified as a major development opportunity by a local planning authority, the expectation will be that there will be an action plan drawn up for it under the LDF. It is proposed to replace outline planning consents with a certification system. A developer would then seek a certificate from the local authority that it has agreement for a defined period to work up a detailed scheme against parameters determined in agreement with the local authority. A detailed application would then be submitted or, alternatively, the certificate would automatically lapse on a predetermined date if no application has been made. In some cases, the masterplan might be formally recognised as a local action plan in the LDF.


Working better for business
Business planning zones will allow planning controls to be lifted where they aren't necessary. New handling targets for local authorities will distinguish business from householder applications. Delivery contracts are proposed between local authorities and business for reaching decisions on the biggest planning applications.

Engaging the community
Real community consultation is proposed in the preparation of the LDFs and the drawing up of the action plans. Master planning of major sites will help developers plan for higher quality development in partnership with local authorities. There will also be clearer information for planning applicants.

Consultation on planning applications has a vital role to play in giving the community an opportunity to express their view on individual development proposals. Advance consultation helps to speed up the decision process and helps to build consensus and reduce suspicion about the proposed development. With larger and more complex proposals, developers ought to be engaging with local communities to the greatest extent possible in advance of submitting a planning application.