A new planning landscape

Councillor Mike Haines,

Deputy Chairman, LG Group Environment and Housing Programme Board

28th June 2011 www.local.gov.uk

Bill Stages – Localism Bill

• 1st reading: House of Commons, December

• 1st reading: House of Lords, 19 May

• 2nd reading: House of Lords, 7 June

• Committee stage: House of Lords, 20 June

• Royal Assent: 2012

Planning in the Localism Bill (part 5)

Chapter 1

• abolition of regional strategies

• a duty to cooperate on local planning authorities and other bodies

• changes to the processes for adopting, examining and publishing development plan documents.

Chapter 2

• limits the binding nature of Planning Inspectorate recommendations on Community Infrastructure Levy charging schedules

• provides for requiring charging authorities to pass Community Infrastructure Levy funds to other bodies

• clarifies the definition of infrastructure for the purposes of the Community Infrastructure Levy.

Chapters 3 & 4• neighbourhood development orders and

plans, • the requirements they must meet (Schdl. 9,10,11)

• provides for appropriate charges and financial assistance

• how community right to build assets will be managed

• compulsory pre-application consultation for developments above certain thresholds.

Chapter 5

• allows local authorities in England to decline to determine retrospective planning applications where enforcement action is being taken

• allows authorities to apply to a Magistrate’s Court to enable enforcement action after statutory time limits have been exceeded, where there is evidence of deliberate deception

• increases some penalties and adjusts certain time limits with respect to enforcement

• powers relating to unauthorised adverts and the defacement of premises.

Chapter 6

• nationally significant infrastructure, particularly the abolition of the Infrastructure Planning Commission.

Chapter 7

NPPF (National Planning Policy Framework)• Practitioners Advisory Group, 55 page draft

• DCLG consultation on its NPPF, end of July

• NPPF currently not referenced in Localism Bill

• ‘Presumption in favour of sustainable development’

Greg Clark statement, 15th JuneThere is a presumption in favour of sustainable development at the heart of the planning system, which should be central to the approach taken to both plan-making and decision-taking. Local planning authorities should plan positively for new development, and approve all individual proposals wherever possible.Local planning authorities should:

• Prepare local plans on the basis that objectively assessed development needs should be met, and with sufficient flexibility to respond to rapid shifts in demand or other economic changes

• Approve development proposals that accord with statutory plans without delay and

• Grant permission where the plan is absent, silent, indeterminate or where relevant policies are out of date All of these policies should apply unless the adverse impacts of allowing development would significantly and demonstrably outweigh the benefits, when assessed against the policy objectives in the National Planning Policy Framework taken as a whole.

Other relevant parts of Bill

• Predetermination

• Local Referendums

• London Mayoral

Development Corporations