effective local plan preparation across local authority ......derek stebbing. ipe consultant . ......

Effective Local Plan Preparation Across Local Authority Boundaries

14th June, 2018

East Midlands Councils

Derek StebbingIPE Consultant

www.intelligentplans.co.uk 1

My experience

• London Borough of Redbridge – 1975-1986 : Local Plans and Area Action Plans• Chelmsford City Council – 1986-2016 : Policy Planning preparing Local Plans and

Area Action Plans. Planning Policy Manager from 1994 to 2016• Planning Inspectorate – 2013-2016 : Part-time Planning Inspector Examining Local

Plans/AAPs• Member of the Local Plans Expert Group (LPEG) – 2015-2016 : Report to the

Secretary of State on the Local Plan system• Intelligent Plans and Examinations (IPE) – 2016-to date : Consultancy, Training and

Examining Neighbourhood Plans• Strutt & Parker (part of BNP Paribas Real Estate) – 2016 : Planning Policy Consultant


The Government’s direction of travel2017• Housing White Paper – new ‘strategic’ local plan proposed; ‘effective’ joint working to be taken into account in

Housing Delivery Test; Statement of Common Ground (SoCG) to give more teeth to Duty to Co-operate

• Combined Authorities/Mayoral strategic development plans – statutory and non-statutory

• Housing Infrastructure Fund – joint working a key factor in bidding process

• ‘Right Homes in Right Places’ – details of SoCG published; more ‘carrots’ offered to those local authorities progressing joint local plans; new Local Plan ‘tests of soundness’ to ensure more effective strategic planning

• Provisions of Neighbourhood Planning Act to direct joint plans implemented

• First new style strategic local plan published (Reg. 19) by West of England Authorities

• Budget announcements : Joint Local Plan for Oxfordshire authorities to support Housing Deal; Thames Estuary 2050 Commission; new ‘strategic infrastructure tariff’ to be introduced for Combined Authorities/areas with joint plans

www.intelligentplans.co.uk

The Government’s direction of travel2018• Planning Delivery Grant launched in November 2017 to support joint planning (2017-2019)

• Secretary of State initiates intervention proceedings against local authorities that have failed to demonstrate progress in Local Plan preparation

• Local Industrial Strategies to be prepared by Mayoral/Combined Authorities/LEPs) – initial round to be agreed by March 2019

• Roles and responsibilities of LEPs to be reviewed

• Draft NPPF published (March 2018)

• More ‘bespoke’ housing deals in areas of high demand

• Expansion of ‘regional’ approach across the country, e.g. Cambridge-Milton Keynes-Oxford Corridor and Thames Valley


A new ‘strategic’ approach to local planning “… we would like to see more and more local authorities working together to produce a strategic plan over a wider area on the functional economic geography that is right for their part of the world ….” (Gavin Barwell – February 2017)

“… today we’re also publishing a requirement for a “statement of common ground”; a new framework that will make cross-boundary co-operation more transparent and more straightforward. Under our proposals, planning authorities will have 12 months to set out exactly how they are working with their counterparts across their housing market area to meet local need and fill any shortfalls.” (Sajid Javid – September 2017)


A new ‘strategic’ approach to local planning

• “We want to fund those schemes that take a strategic approach, with strong local leadership and joint working to achieve higher levels of housing growth …” (HIF prospectus – July 2017)

• “My decisions on interventions will also be informed by the wider planning context in each area, specifically the extent to which authorities are working co-operatively to put strategic plans in place …” (Sajid Javid – November 2017)


The key drivers for more formal strategic planning• to provide a more effective way of place-shaping – providing a bigger canvas to the right areas that

deliver growth and that are (or can be) supported by the right infrastructure• deliver immediate and potentially significant cost savings – as a result of a combined plan-making

process (e.g. Local Plan examinations; public consultation and stakeholder engagement; evidence base) and a more efficient and effective use of staff resources

• increase funding opportunities and secure wider support from Government, with a strong emphasis on joint plans in all MHCLG bidding processes (e.g. Housing Infrastructure Fund and Planning Delivery Fund)

• help local authorities manage housing delivery more effectively • provide a more robust and coherent basis for negotiating with others – e.g. for the GLA/Mayor to

address London’s growth; Cambridge-Milton Keynes-Oxford Corridor • help deliver a technically sound and legally compliant local plan – e.g. to meet the Duty to Co-operate

requirements


Draft National Planning Policy Framework (1) Key Changes1. An expectation for housing needs to be accommodated unless there are strong reasons not to, including any unmet needs from neighbouring areas.

2. A defined list of policies which provide a specific reason for restricting development as set out at footnote 7, including Ancient Woodland and aged or veteran trees.

3. Changes to the decision-making part of the presumption in favour of sustainable development that are intended to provide greater clarity, so that it refers to circumstances where “there are no relevant development plan policies, or the policies most important to determining the application are of date”; and to “refusing” rather than “restricting” development.

4. Additional certainty for neighbourhood plans in certain circumstances, including where there is substantial under-delivery of housing - see Paragraph 14 (based on the Written Ministerial Statement of 12 December 2016).


Draft National Planning Policy Framework (2)Key Changes continued5. The new requirement for authorities to review plan policies every five years following the date of adoption, with updates, if necessary, to reflect changing circumstances.

6. When preparing Plans, authorities will need to prepare and maintain a Statement of Common Ground, as evidence (where appropriate) of the statutory Duty to Co-operate in order to meet the test of soundness.

7. A new approach to viability:a. Through which plans are expected to be clear about the contributions expected in association

with development.b. Where a proposed development accords with all relevant policies in the plan there is no need

for a viability assessment to accompany the planning application.c. All viability assessments to reflect the Government’s recommended approach as set out in

draft revised national planning guidance.www.intelligentplans.co.uk


Draft National Planning Policy Framework (3)Key Changes continued8. A new standard method for the calculation of local housing need - see Paragraph 61 and the draft revised national planning guidance.

9. Continued encouragement of the greater use of small sites, to help diversify opportunities for builders and increase the number of schemes that can be built out quickly. 20% of sites identified for housing to be 0.5 ha or less: see Paragraphs 69-70.

10. The policy consequences of the new Housing Delivery Test: see Paragraphs 74(c), 75 and 77 and Footnote 29, which proposes that from 2020, the presumption in favour of sustainable development will apply where delivery is below 75% of the authority’s housing requirement.

11. Amendments to the ‘sequential approach’ to planning applications, so that out of centre sites should be considered only if suitable town centre or edge of centre sites are unavailable or not expected to become available within a reasonable period: see Paragraph 87.


Draft National Planning Policy Framework (4)Key Changes continued12. Continued encouragement of the more intensive use of land and existing buildings where appropriate, including:

a. Giving substantial weight to the value of using suitable brownfield land within settlements forhomes - see Paragraph 118c;

b. Reallocating land where there is no reasonable prospect of an application coming forward for theallocated use - see Paragraph 120;

c. Avoiding building homes at low densities in areas of high demand, and pursuing higher-densityhousing in accessible locations, while reflecting the character and infrastructure capacity of eacharea - see Paragraph 123; and

d. Expecting minimum density standards in certain circumstances -see Paragraph 123.

13. Continued strong protection for the Green Belt and clarification of the circumstances in which release may occur - see Chapter 13.


Draft National Planning Policy Framework (5)

Key Changes continued

14. Current policy allows buildings in the Green Belt in association with uses such as outdoor sport and cemeteries, but does not allow material changes in the use of land for such purposes, even if there would be no harm to openness. To allow a more consistent approach, material changes of use that preserve openness are no longer inappropriate development in the Green Belt - see Paragraph 145e.

15. Strengthened protection for ancient woodland and other irreplaceable habitats - see Paragraph 173c.


Plan-making changes In greater detail (1)Key changes to Plan-making policy proposed by the Housing White Paper reflected in Chapter 3 of the Draft NPPF are as follows:

1. A new Plan-making framework which defines strategic priorities and allows authorities to plan for these in the most appropriate way.

2. Amendments to the tests for a ‘sound’ Plan, to make clear that it should set out ‘an appropriate strategy’ rather than ‘the most appropriate strategy’ (to avoid the need for disproportionate work to demonstrate that a strategy is optimal).

3. Enabling spatial development strategies to allocate sites if there is unanimous agreement.4. The new requirement for authorities to review Plan policies every five years following the date of

adoption, with updates, if necessary, to reflect changing circumstances.5. Tightening the evidence which is expected in respect of both local and strategic policies to support a

‘sound’ Plan, to allow for a more proportionate approach.6. Introducing the expectation that Plans should use digital tools to assist consultation and presentation of

policies.


Plan-making changes in greater detail (2)Key changes proposed by the ‘Planning for the Right Homes in the Right Places’ consultation reflected in Chapter 3 of the Draft NPPF:

1. Setting out that to meet the test of soundness authorities (including Mayors and combined authorities with Plan-making powers), when preparing Plans, will need to prepare and maintain a Statement of CommonGround, as evidence (where appropriate) of the statutory Duty to Co-operate.

2. Changing the ‘effective’ and ‘positively prepared’ soundness test so that these more clearly encourage agreements and joint working.

3. A new approach to viability, through which Plans are expected to be clear about the contributions expected inassociation with development. This will help ensure that requirements on developments set through Planpolicies are deliverable, more transparent and provide more certainty about what will be expected at thedecision-making stage.

• Start with a coherent, long term vision for the area, say to 2050 – housing numbers are very important (especially to Government) but must be set within wider focus on ‘place’. There is no perfect strategic planning geography – take a pragmatic approach but don’t ignore wider relationships

• Address issues at the appropriate level - focus on matters where there is mutual benefit for a strategic plan, e.g. housing, infrastructure delivery, Green Belt.

• Take into account the wider influences on spatial patterns in the area, e.g. emerging Local Industrial Strategies, sub-national transport priorities.

• Strategic planning needs to be led at the highest level in an authority, but it is vital to keep everyone else involved (i.e. backbenchers and strategic stakeholders).

• Build on existing governance and working arrangements initially – organic change often delivers stronger relationships – but form should follow function.

• Delivery plan must be realistic and recognise short, medium and long term ambitions within overall vision.

Effective working across boundaries


SoCG – Draft NPPF (Paras. 26-29)


SoCG – Key Points• The statement should be a road-map and a record for cross-boundary

co-operation on strategic planning matters• Local Planning Authorities “should use agreed housing market areas as

the geographical area over which to develop statements of common ground, unless they are able to jointly determine and justify an alternative area …”

• The SoCG provides a vehicle to set out where strategic cross-boundary infrastructure is required to unlock more land for housing

• Once in place, the SoCG should be submitted as evidence of effective co-operation between authorities when bidding for strategic infrastructure investment


Pilot SoCG – Liverpool City Region


Shared strategic evidence base / MoUs re. specific issues(SHMA/Housing Distribution, Green Belt Review, Infrastructure Framework)

e.g. Kent & MedwayUsually first step to voluntary planning frameworks

Non-statutory strategic planning and infrastructure frameworks/planse.g. West Sussex & GB, Cambridgeshire & Peterborough, Suffolk, Surrey,

Leicester & Leicestershire, York & Hull, West BerkshireMoving towards a statutory approach

Statutory strategic Local Plans/ Combined Authorities spatial strategies/aligned strategiese.g. Greater Manchester, West of England, Plymouth & South Devon, Greater Exeter,

Oxfordshire, North Essex, South Essex Move from traditional joint ‘core strategies’ to new model of joint ‘strategic’ Local Plan

Different models of joint working



-

Leicester & Leicestershire

South Essex



West of England


North Essex

• The Government’s direction of travel is back to more formal strategic planning arrangements but with different models in different areas.

• Those that can do it properly will reap the benefits – particularly infrastructure/capacity funding from Government.

• Those that don’t (or won’t), face potential intervention and will not have access to the same funding (and other) opportunities.

• Will only succeed if new strategic planning capacity and expertise is developed and if political leadership at local level steps up to the mark.

• Joint planning may happen anyway as result of ‘carrots and sticks’ being put in place by Government and local government finances/reorganisations, e.g. the move to unitary, combined authorities, Growth Deals.

Some Final Thoughts



About IPE and Our Services

• Team of 16 former Planning Inspectors with combined experience of over 200 Local Plan Examinations.

• IPE has provided advice and support to nearly 50 LPAs progressing Local Plans.

• Completed around 100 Neighbourhood Plan Examinations and health checks.

• Shortly Examining Community Infrastructure Levy Charging Schedules for the London Mayor and Cheshire East.

• Delivering training events covering Local Plan Examination Preparation (including mock hearings), Public Inquiries and Neighbourhood Planning.

• Other (non LPA) clients include MHCLG, PAS, Locality and Transport for London.


Questions and Discussion

effective local plan preparation across local authority ......derek stebbing. ipe consultant . ......

Documents