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Landscape Institute London BranchP2C Syllabus

Environmental and Planning Policy, Planning Reform …. and Landscape

Ian Phillips MRTPI, CMLISeptember 2011

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• Environmental controls – an overview• Key agencies and their roles• Planning policy and legislation• Environmental assessment • Trees – a special case• Planning reforms - a critical review

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Why regulate for landscape?

• Recognition that landscape elements often serve the public, rather than private interest

• Recognition of the role played by landscape in– Public amenity– Biodiversity– Functional benefits and services

• Recognition of the vulnerability of living, organic landscape elements

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Environmental agencies and bodies• The EU (and the ECJ)• National government• Infrastructure Planning Commission• Local Planning Authorities• Mineral and Waste Planning Authorities• Planning Inspectorate• Highway Authorities

• Natural England• Environment Agency • Forestry Commission • English Heritage• Highways Agency• Marine Management Organisation• Health & Safety Executive

• Design Council CABE, TCPA, PAS, CLG partners, Defra partners, Green Infrastructure Partnership, Professional Institutes, etc.

• RSPB, Wildlife Trusts, NPF, HBF, NHBC, BPF, etc.

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Natural England• Responsibilities for nature

conservation and landscape – Assessments– Monitoring– Regulation– Enforcement– Policy– Research– Grants

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Marine Management Organisation

• Marine and Coastal Access Act 2009

• Responsibilities:• new marine planning system • working with Natural England and

the JNCC to create and manage a network of marine protected areas to preserve vulnerable habitats and species in UK marine waters

• new marine licensing regime • managing UK fishing fleet capacity and

UK fisheries quotas •• developing centre of excellence for

marine information

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Forestry Commission

• A devolved agency (under DeFRA) • Research, commercial timber production,

sustainability programmes and policy, learning and leisure.

• FC responsible for forestry management incl. timber production and conservation policy.

• Forest Enterprise delivers environmental, social and economic benefits in England & Scotland

• Forest Research Unit carries out / commissions research

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Forestry Commission Regulatory Powers• ‘Competent Authority’ for EIA Regs

(Forestry) 1999– Afforestation– Deforestation– Forest roads– Forest Quarries

• Issuing of Felling Licences– Required for tree felling unless exempt - e.g.

gardens, designated open spaces, >5cu.m per calendar quarter, etc.

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Mineral extraction - New landscape opportunities

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B4A Minerals extraction

• MPS1: 2006 – Mineral extraction a vital strategic

resource– Sustainable use and recycling emphasised– Identifying and safeguarding resources – protect designated areas, other than in

exceptional circumstances. – high standards of restoration, and

safeguarding for a wide range of after-uses

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Water

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EU Water Framework Directive

• EA is the ‘competent authority’• WFD gradually replaces existing Directives by 2013

and establishes targets to 2015 and beyond• WFD looks at ecological health of surface water +

traditional chemical standards• EA to define environmental standards – quality,

quantity and habitat structure + set targets for good or high classifications

• EA has prepared 11 River Basin Management Plans for England and leads on actions

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Water - SUDS

• EA is advisory body (for DEFRA)• EA Policy for SUDS to become standard for

all new development and to retrofit SUDS to mitigate existing adverse effects

• Legislation and planning system increasingly promoting and supporting this – Flood and Water Management Act effective 1 Oct

2010– SUDS prioritised in March 2010 draft PPS on Low

Carbon Future in a Changing Climate – future now uncertain

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Designated Areas

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International biodiversity designations

• Natura 2000 sites– Special Area of Conservation (SAC) - designated

under Article 3, EC Habitats Directive, 1992– Special Protection Area (SPA) - designated under

Article 4 of EC Birds Directive, 1979– RAMSAR – wetland site – designated under 1979

Ramsar Convention – pSAC & pSPA – formally proposed candidate

areas have similar levels of protection as formally designated areas

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Birds and Habitats Directives• Birds and Habitats Directives apply to sites of

international conservation importance.• The Conservation (Natural Habitats, &c.)

Regulations 1994 (amended 2007), (aka The HabRegs) implemented the provisions of The Habitats Directive in England. Section 48 provides that:

“A competent authority, before deciding to undertake, or give anyconsent, permission or other authorisation for, a plan or project which-

(a) is likely to have a significant effect on a European site in Great Britain (either alone or in combination with other plans or projects), and

(b) is not directly connected with or necessary to the management of the site,

shall make an appropriate assessment of the implications for thesite in view of that site's conservation objectives.”

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The Precautionary Principle

• ECJ October 2005 Waddenzee Judgement:– “any plan or project not directly

connected with or necessary to the management of the site is to be subject to an appropriate assessment of its implications for the site in view of the site’s conservation objectives if it cannot be excluded, on the basis of objective information, that it will have a significant effect on that site, either individually or in combination with other plans or projects”

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National biodiversity designations• Wildlife & Countryside Act 1981(amended 1985 and

by CROW Act 2000)• Sites of Special Scientific Interest (SSSIs)

– Designated by NE for special interest – High level of protection – Owners must consult NE before carrying out activities

affecting SSSIs– LPAs must include policies protecting SSSIs and must

consult NE on any proposals likely to affect them

• National Nature Reserves– Designated by NE for conservation, research and education

from ‘best of England’s SSSIs’. – Protection via SSSI legislation

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Local biodiversity designations

• Local Nature Reserves– Designated by local authorities (usually under

advice from NE) under S.21 of NP and Access to Countryside Act 1949. Protected through by-laws.

• SINCs, SNCIs, – Local designations, often advised / managed by

County Wildlife Trusts– Protected through management agreements or

plans and planning policies– No statutory protection

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B3C Countryside area designations• PPS7 strongly discourages local designations • Current draft proposals promote local

designation• National Parks / AONBs• Green Belt• Areas of Great / Special Landscape Value• Landscape Character Areas• Environmentally Sensitive Areas / Environmental

Stewardship Schemes

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Countryside Area Designations - National Parks and AONBs

• 15 National Parks & 47 AONBs• National Parks and AONBs are highest

level landscape designations• Two purposes:

– conserve and enhance the natural beauty, wildlife and cultural heritage; and

– promote opportunities for the understanding and enjoyment of the special qualities of National Parks by the public.

• Conservation takes precedence if a conflict

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Countryside Designations – Green Belt• Planning Control – emerged, following

1930s pressure from CPRE, in T & CP Act, 1947 as device to control urban sprawl and ribbon development.

• Objectives:– To check urban sprawl– To prevent coalescence – To safeguard the countryside– To preserve the setting and special character of

historic towns – To assist in urban regeneration

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Countryside Designations –Local Designations and Landscape Character Areas• AGLV, ASLV, etc. – discouraged until 2011

• Criteria-based designations – Landscape Character Assessments - Landscape Character Network

• Natural England policy: “All Landscapes Matter”

• ELC – all landscapes to be valued, characteristics assessed and objectives identified.

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Green infrastructure• See LI Position statement • See also NE, EA, TCPA & CABE Space

publications

• “a strategic network of multi-functional green space, both new and existing, both rural and urban, which supports natural and ecological processes and is integral to the health and quality of life in sustainable communities.”– Consultation draft PPS on Planning for a

natural and healthy environment (March 2010)

• Reference to GI in Natural Environment White Paper and NPPF

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GI in Europe

Emscher Landschaftspark, Germany

Proposals for EU strategy on GI due in 2012

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NEWP Definition of GI (July 2011)• Green infrastructure is a term used to refer to the living

network of green spaces, water and other environmental features in both urban and rural areas. It is often used in an urban context to cover benefits provided by trees, parks, gardens, road verges, allotments, cemeteries, woodlands, rivers and wetlands.

• Green infrastructure is also relevant in a rural context, where it might refer to the use of farmland, woodland, wetlands or other natural features to provide services such as flood protection, carbon storage or water purification. Green infrastructure maintains critical ecological links between town and country.32

• Around the country local partnerships are seeking to use green infrastructure to drive economic growth and regeneration and improve public health, wellbeing and quality of life. It can also support biodiversity and the functioning ofnatural systems such as rivers and flood plains and help reduce the negative impacts of climate change.

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European Landscape Convention

• "Landscape" means an area, as perceived by people, whose character is the result of the action and interaction of natural and/or human factors;

• No statutory force, ratified by UK 2009• aims to promote landscape protection,

management and planning, and to organise European co-operation on landscape issues

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Nature Conservation – protected species• Wildlife & Countryside Act 1981 • CROW Act 2000 increased penalties, added reckless

behaviour and placed duty on central gov’t to further biodiversity.

• Nat Env’t and Rural Communities Act 2006 – duty on public authorities to have regard to conserving biodiversity

• Protected birds, plants and animals on lists produced by JNCC• No licences for development activities affecting protected

species – reliance upon defence of ‘incidental damage due to otherwise lawful operation’

• Licences possible for otherwise unlawful activities for public health, public safety or other over-riding public interest

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Heritage – redefined in 2010 by PPS5

• English Heritage is primary authority (under DCMS), government’s statutory advisor and a statutory consultee.

• EH maintains Registers of designated assets, National Monuments Record, stewards over 400 sites and advises lpas and owners.

• Listed Buildings and other assets protected from damage through planning law ( Section 7 of Planning (Listed Building and Conservation Areas) Act 1990 – an offence to demolish, alter, extend without authorisation). Listed Building Consent to be obtained from LPA

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New PPS5 (published March 2010)

• Establishes concept of Heritage Assets– “A building, monument, site, place, area or

landscape positively identified as having a degree of significance meriting consideration in planning decisions. Heritage assets are the valued components of the historic environment.”

– Includes designated assets i.e.•A World Heritage Site, Scheduled Monument,

Listed Building, Protected Wreck Site, Registered Park and Garden, Registered Battlefield or Conservation Area

– and those defined by local authorities e.g. in local plans or local lists

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Environmental Assessment

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B3A Environmental Assessment• Originated in EC Directives and modified since

through ECJ legal cases• The Town and Country Planning

(Environmental Impact Assessment) Regulations 2011(SI 2011 – 1824)

• In force 24 August 2011 – consolidated previous regs and case law.

• AIM: to ensure that the authority giving the primary consent (the 'competent authority‘ –generally the LPA) for a particular project makes its decision in the knowledge of any likely significant effects on the environment.

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EIA – Screening Process• Schedule 1 projects must always be subject to EIA.

• Schedule II projects (similar list but broader and with lower size criteria) may be subject to EIA if likely to have significant effect on environment.

• Determination must be made on Schedule II projects (‘SCREENING’). Screening applies sequential tests on nature, size and location. (a) location within / partly within a sensitive area, or(b) specified thresholds and criteria on the scale of

development;(c) case by case consideration of likely significant effects

• Screening may include projects not explicitly included in Schedule II list.

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EIA Screening – EIA Good Practice and Guidance

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EIA Principles• Developer must prepare an Environmental

Statement• Developer can request Competent Authority to

assess what information should be included (‘SCOPING’)

• Professional advisers have a responsibility to ensure that the information is open, transparent and comprehensive – this may not appear to be in the client’s interests

• ES (and relevant project) must be subject to statutory and public consultation

• ES and consultation responses must be taken into account in making decision for consent or not. Decision and reasons must be publicised.

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Environmental Statements• Concentrate on main or significant impacts (NOTE:

these may include cumulative impact)• Consider alternative options and justify selected

choices• Include effects on environmental issues including:

– human beings; flora; fauna; soil; water; air; climate; landscape; material assets, including architectural and archaeological heritage; and the interaction between any of the foregoing.

• Consider likely significant effects resulting from – use of natural resources, the emission of pollutants, the

creation of nuisances and the elimination of waste. • ES should also cover

– indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects.

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Landscape & Visual Impact Assessment• GLVIA 2nd ed. (Blue Book) – -

currently being revised• Impact assessment iterates

with scheme design and management proposals

• Landscape and visual impact effects considered separately

• Combination of objective and subjective judgements

• Liaison with other professionals

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EI Assessment contents

• Baseline• Identification of effects and sensitive receptors (and

degree of sensitivity)• Description of proposed changes• Evaluation of effects (include criteria applied and

techniques for:– Avoidance– Reduction– Compensation– Remediation– Enhancement

• Report must include Non-technical summary

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EI Assessment methodologies

• Information gathering:– Site visit– Desktop study – Field surveys– Photographic surveys

• Information analysis and presentation– Plans and masterplans– Visibility mapping– Visualisations– Photo-montage– Computer modelling

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Implementation and monitoring

• Responsibility to undertake commitments made – enforced through conditions and / or planning obligations

• Have predicted impacts occurred?• Are there unforeseen impacts requiring

response?• Are mitigation measures being complied

with?• Are mitigation measures effective?

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Strategic Environmental Assessment• European Directive 2001/42/EC - applies to

plans and projects (e.g. National Policy Statements, [former] RSSs, MPSs, waste, water, LDF documents, management plans, etc.)

• UK Gov. response in 2004 - introduced Sustainability Appraisal – incorporates environmental, social and economic assessments – to be considered together.

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Sustainability Appraisal for Development Plans• Similar process to Environmental Impact

Assessment– Objectives and Context– Scoping– Options / Alternatives– Baseline information– Prediction of likely significant effects– Mitigation measures– SA Report– Consultation– Decision-making– Monitoring

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SA process

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Case Study – Thames Basin Heaths SPA• SPA covered 11

local authorities• Housing deemed to

have adverse impact

• 20,000 houses proposed within 5km of SPA

• Solutions?

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Protected Trees

• Duty on LPAs to consider planting and protection of trees when granting planning permission

• Trees may be protected by1. Tree Preservation Orders (TPOs)2. Location with a Conservation Area3. Planning Condition

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Why trees need protection

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Tree Protection: TPOs

• Trees (not defined) can be protected by LPA where ‘expedient in the interests of amenity’ (not defined).

• NB: TPOs are over-ridden by planning permissions

• Non-compliance with TPO an absolute criminal offence

• Exemptions• New draft TPO Regulations published Sept 2010

– consult to 20 Dec 2010 – to be effective 2011 / 12? - consolidation and streamlining of system

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New TPO provisions (draft) – final changes effective in 2011/2012?

• All existing TPOs to be brought into line with new model order provisions

• Shorter, simpler model Order – map and list of trees• All new TPOs to take provisional effect immediately• Reduced notification procedures – only affected parties• Clarification on exemptions – dangerous or dead – NOT

‘dying’.• Consent valid for 1 year - option to give consent for

repeat works• Single basis for compensation to owners (not for loss of

development value or matters not foreseeable)

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Trees in Conservation Areas

• All trees in Conservation Areas protected (with minor exceptions)

• Requirement to provide written notice (Section 211 Notice)

• 6 week response period • Penalties for non-compliance as for

TPOs

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Trees protected by planning condition• Conditions attached to planning

permissions• Ideally, only to be used for temporary

protection (e.g. duration of construction works)

• May be applied to protect new plantings and allow for aftercare to establishment (say, for 5 years)

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Owner / Manager Obligations re trees• Owners should exercise reasonable care re health

and safety of trees (noting visible defects, arranging periodic inspections)

• ‘Experts’ or land-owning organisations likely to have higher duty of care – consult arboriculturist if in doubt.

• Current proposals in hand to publish guidance on tree safety – possible British Standard - National Tree Safety Group represents stakeholders.

• BS3998 (recently revised) sets good practice standards for works to trees.

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Trees and construction

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Trees in relation to construction

• BS 5837:2005 is current guidance –currently under revision – consult out June 2011 – final in Q2, 2012

• Establishes standards for tree surveys, assessments, physical protection during and from construction works, etc.

• Used as standard in planning system for pre-application information and post-permission planning conditions

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TIME TO TAKE A BREAK

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Development

• Basis for planning system regulation

• Section 55 of the Town and Country Planning Act 1990 defines 'development' as:

– 'the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land'

with the exception of (among other things):– the use of any land for the purposes of agriculture or forestry

(including afforestation) and the use for any of those purposes of any building occupied together with land so used.‘

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Planning and landscape #1• Planning policy establishes

importance of landscape issues and sets standards and allocations for strategic provision

• Planning system strongly influences landscape provision and treatment

• Planning system can set quality standards for landscape design, implementation and management

• Climate change adaptation and housing growth should provide impetus for greater attention to landscape issues (e.g. via GI)

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Planning and landscape #2

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Planning Legislation• Garden Cities movement c.1890 onwards established

principle of planned urban development - and green infrastructure?

• Planning legislation first introduced pre-war in response to pollution, urban sprawl and ribbon development

• New Towns Act 1946 created new towns to address London overspill – landscape influenced

• Town and Country Planning Act 1947– nationalised right to develop land and created 145 local planning

authorities• Principles of planning system set in 1947 and have since

evolved• 1990 Act forms basis for current planning system• 2010 – Evolution or return to pre 1947 standards?

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Structure of the Planning System from 2004• A policy and plan-led system• Spatial planning embraces land use,

economic, environmental and social issues. – Requires a joined up approach with other

strategies (e.g. Community Strategy)– Development should conform with

adopted plan unless material considerations over-ride

– No unnecessary repetition

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Planning Policy Hierarchy

• National Policy Statements • Planning Policy Statements (ex PPGs) TO BE

ABOLISHED• Government Planning Circulars and letters• Regional Spatial Strategies (ex Structure

Plans) ABOLISHED• Local Development Frameworks (ex Local

Plans or Unitary Development Plans)• Neighbourhood Plans NEW• Housing provision and climate change are

priority considerations

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PPS1 Preamble TO BE ABOLISHED

1. 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.

2. Good planning is a positive and proactive process, operating in the public interest through a system of plan preparation and control over the development and use of land.

3. Sustainable development is the core principle underpinning planning. At the heart of sustainable development is the simple idea of ensuring a better quality of life for everyone, now and for future generations. A widely used definition was drawn up by the World Commission on Environment and Development in 1987: “development that meets the needs of the present without compromising the ability of future generations to meet their own needs.”

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Planning Policy StatementsTO BE ABOLISHED?

• PPSs replacing PPGs – more streamlined (?)• Provide high level national policy from CLG on

range of planning issues – periodically reviewed / updated

• PPSs often accompanied by Companion Guidance• New format typically includes

– Introduction– Government’s Objectives– Plan-making policies– Development Management policies– Annexes (terminology, definitions, etc.)

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PPS topicsTO BE ABOLISHED?

• PPS 1: Delivering Sustainable development• PPS 1 supp: Planning for Climate Change• PPS 1 supp: Eco-towns• PPS 3: Housing (revised June 2010)• PPS 5: Historic environment• PPS 7: Sustainable development in rural areas• PPS 9: Biodiversity and geological conservation• PPS 11: Regional spatial strategies• PPS 12: Local spatial planning• PPS 22: Renewable energy• PPS 23: Planning and pollution control• PPS 25: Development & flood risk• PPS 25 supp: Development and coastal change

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Current PPGsTO BE ABOLISHED?

• PPG 2: Green Belts• PPG 8: Telecommunications• PPG 13: Transport• PPG 14: development on unstable land• PPG 17: Planning for open space, sport and

recreation• PPG 18: Enforcing planning control• PPG 19: Outdoor advertisement control• PPG 20: Coastal planning• PPG 24: Planning and noise

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National Policy Statements• establish the national case for major infrastructure

development and • set the policy framework for IPC (TO BE ABOLISHED)

MIPU decisions• Draft NPSs based on expert evidence• Draft NPSs subject to community, interest group

and public consultation• Parliamentary scrutiny prior to formal adoption –

TO BE SUBJECT TO PARLIAMENTARY RATIFICATION

• Adopted NPSs form primary consideration for MIPU decisions

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Planning Circulars

• Explain policy or regs – quasi-legislative and include directions - e.g. – Circular 07/09: Protection of World Heritage

Sites – raised importance, introduced strong planning controls, buffer zones, settings, etc.

– Circular 11/95: Use of Planning Conditions – describes landscape as special case in planning, model conditions for landscape and trees (possibly under revision).

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Development Management

• Development management replacing development control

• Plan-led system remains paramount• New emphasis on pre-application discussion

/ consultation and proactive support for delivery with joined-up approach (to progress place-shaping and deliver vision)

• Traditional DC approach more responsive and proscriptive – relies on post-application procedures

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Application determination procedures• Must be determined in accordance with statutory

development plan, unless material considerations indicate otherwise

• If RSS and DPD conflict, most recent applies• PPS (and draft PPS) development management policies may

take precedence (as material considerations)• LPAs must take account of non planning legislation e.g. water,

environment, human rights, etc.

• Material considerations– “In principle...any consideration which relates to the use and

development of land is capable of being a planning consideration. Whether a particular consideration falling withinthat broad class is material in any given case will depend on the circumstances” (Stringer v MHLG, 1971).

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Principles of development management• Balancing private vs. public interest• Planning system does not (necessarily)

protect individuals from loss or damage e.g. no entitlement to a view

• Basic principle: Would the proposal unacceptably affect amenities and the existing use of land and buildings which ought to be protected in the public interest?

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Planning application procedure• Pre-application engagement• Formal application• Registration– clock starts – 8 weeks for most

applications, 13 weeks for major applications • Consultation (typically 21 days) – internal, stat

consultees, neighbours and public• Draft report based on analysis, policy, site visit,

impacts, consultation responses.• Minor applications may be dealt with under

delegated powers. Major, complex or controversial applications dealt with by committee.

• Decision to grant permission (with conditions) or refuse (with reasons)

• Open to applicant to appeal against refusal (or conditions) to Planning Inspectorate (PINS)

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Planning application procedure reform proposals• Specifically, we will make it unlawful for a local planning

authority to refuse permission for a development if:• the application is from a Local Housing Trust that has the

required level of local support and meets certain standard criteria including conformity with the national planning framework, or

• the application– (i) conforms to the local plan (and hence with the national

planning framework) ; and– (ii) is accompanied by a payment of the agreed level of local tariff

(as described below) from the developer to the local planning authority; and

– (iii) in the case of larger projects, is the product of an appropriate public consultation process e.g. Enquiry by Design (or similar).

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Development Management reform proposals• we will legislate to provide that, if more than a

small minority of residential neighbours in the immediate vicinity of a new development (of any type) raise any objection, then the conformity of the planning application with the local plan must be formally assessed by the local planning authority.

• we anticipate that in many cases developers will choose to avoid the need for formal assessment of the application, and hence speed up the planning process by reaching voluntary agreements to compensate nearby householders for the impact of the development on their amenity, in return for their support.

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Planning applications• Full application: All aspects of a development proposal included –

but consent may be subject to conditions• Outline application: for larger applications, where principle of

development approval sought, subject to reserved matters (and conditions)

• Reserved Matters application: appearance; means of access; “landscaping”, layout, scale

• Renewal of permission (normally valid for 3 years)• Removal / amendment of condition

• Application must be made on standard form• Government policy (revised March 2010) sets out mandatory

requirements and principles of other information requirements for valid application

• LPA may require information where reasonable and proportionate to properly consider proposals (e.g. tree survey)

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Design issues reform

• “We will legislate to require that on projects above certain thresholds, before they can submit a planning application, developers involve the local community in collaborative design, as determined by the local planning authority.”

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Heritage in Planning• Conservation areas – designated for their

architectural merit by LPAs• Listed buildings – Grades 1 , 2* and 2 designated

by English Heritage • Registered Parks and Gardens – Grades 1, 2* and 2

designated by EH• World Heritage Sites – designated by UNESCO• Scheduled monuments, battlefields, protected wreck

sites – designated by EH• Local lists of buildings (former Grade 3) and parks

and gardens – identified by local authorities, included in local policy

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PPS5 – heritage redefined• PPS5 (March 2010) defines Heritage Assets:

– “A building, monument, site, place, area or landscape positively identified as having a degree of significance meriting consideration in planning decisions. Heritage assets are the valued components of the historic environment. They include designated heritage assets (as defined in this PPS) and assets identified by the local planning authority during the process ofdecision-making or through the plan-making process (including local listing).”

• Presumption in favour of conservation when dealing with applications affecting heritage assets.– “Substantial harm to or loss of a grade II listed building, park or

garden should be exceptional. Substantial harm to or loss of designated heritage assets of the highest significance, including scheduled monuments, protected wreck sites, battlefields, grade I and II* listed buildings and grade I and II* registered parks and gardens, World Heritage Sites, should be wholly exceptional.”

– This includes settings. Scheduled monuments and protected wreck sites also require consent from SoS, DCMS.

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Post –election planning reform‘THE BIG SOCIETY’• “The Government has promised a radical

reform the planning system to give neighbourhoods far more ability to determine the shape of the places in which their inhabitants live”

CLG website

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Post-election news

• 14 May: Cameron promises “greenest government ever”• 10 June: Pickles states “The Labour government did more damage

to the housing industry than the Luftwaffe”.• 27 Aug: CLG Good Practice and Guidance adds “Guide to organising

a street party or fete”• 3 Sep: Pickles installs Queen at CLG - “The Queen has an extremely

important role to play in unifying people, no matter what their social background, race or religion.”

• 10 Sep: Pickles flies English County flags at CLG• 8 Oct: Nat Hsg Federation states 160,000 homes scrapped by local

authorities since election (equiv. to 300,000 pa) as result of abolishing housing targets in RSSs, removal of minimum densities and redesignation of gardens as greenfields. “Signal to LAs that building new homes is a nice to have – not a necessity” David Orr

• 19 Feb 2011: housing completions for 2010 lowest since 1923

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March 2011 – direction indicators?

• David Cameron identified the "town hall officials who take forever with those planning decisions that can be make or break for businesses" as being among the "enemies of enterprise"

• Business secretary Vince Cable had told the City he had heard "countless stories of perfectly reasonable developments being thwarted by bizarre planning rules". He said: "We want the standard answer to be 'yes', not 'no'."

• 85% planning applications approved in 2009/10 –CLG Statistics

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August 2011 – NPPF consultation responses• "This is a carefully choreographed

smear campaign by leftwingers based within the national headquarters of pressure groups."

Bob Neill, Minister for Local Gov’t.

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July 2011 – NPPF released

• Critics– National Trust, CPRE, Woodland Trust,

English Heritage, RSPB, The Countryside Alliance, The Daily Telegraph, Bill Bryson, Hugh Fearnley-Whittingstall, The Policy Exchange

– And ……..

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Government reforms unfolded• MAY: SoS announces abolition of RSSs• JUNE: New PPS3 – min. housing densities removed, gardens defined as

greenfield - IPC to be abolished, LEPs proposed - Nat Hsg Planning Advice Unit abolished - RDAs to be abolished - Comprehensive Area Assessments scrapped

• JULY: Audit Commission to be abolished - Regional government offices to be abolished - Community Right to Build announced - CLG & DEFRA structural reform plans - More flexible approach to zero carbon homes

• AUGUST: New Homes Bonus - Place Survey scrapped - Planning circulars for Gipsy and Travellers sites to be revoked - EIA to be streamlined

• SEPTEMBER: Local Sustainable Transport Fund to replace local transport grants (fewer, larger funding streams) - Changes to TPO system - Reduced planning for Houses in Multiple Ownership

• OCTOBER: Extensions of time for implementing planning permissions -Merging of planning departments proposed - Homes on the Farm announced alongside Community Right to Build

• NOVEMBER: Localism Bill published – CABE and Planning Aid funding cut• DECEMBER: National Planning Policy Framework consultation – blank sheet• MARCH: Local authorities invited to comment on potential for statutory

duties to be scrapped – includes TPOs on list – planners identified as ‘enemies of enterprise’ – CABE & Design Council to merge

www.ianphillips.eu

Decentralisation and Localism Bill

• published November 2010, in force April 2012?– “greater powers to councils and neighbourhoods and give

local communities control over housing and planning decisions.”

– Key proposals:• Regional Spatial Strategies abolished • Infrastructure Planning Commission abolished• Neighbourhood Plans and Development Orders • New community rights• CIL retained• Local authority obligations increased • Local Enterprise Partnerships• Duty to co-operate• Councils to be given a general power of competence• Planning decisions to take account of financial

considerations

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Key planning changes• Regional housing targets scrapped – local

allocations• Regional government offices scrapped• New Homes Bonus – favours south over

north and greenfield over brownfield• Government policy guidance / statements to

be replaced by single NPPF• Neighbourhood planning introduced• Funding cut for CABE and Planning Aid• Public sector funding cuts – loss of skills

and resources

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NPPF - overview

• Presumption in favour of sustainable development

• NPPF sets standards if no local plan• Sustainable development redefined• Emphasis on economic growth• 1000 pages to 52 pages – to aid

understanding of planning by ordinary people

• But brevity does not mean clarity

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Some NPPF omissions / issues• General tone and balance• Countryside• Urban areas• Trees• English geography / spatial planning• Transitional arrangements• UK Sustainable development strategy• Design – OBVIOUSLY poor design to be rejected• Natural Environment White Paper • Guidance

www.ianphillips.eu

NPPF Principles

• presumption of ‘yes’ to development will not apply when ‘the adverse impacts of allowing development would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.‘

• But if the NPPF is silent or equivocal, where is the balance against the emphasis on growth? And development = growth.

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Sustainable Development

• UK Sustainable Development Strategy (2005) objectives– Living within environmental limits– Ensuring a strong, healthy and just

society– Achieving a sustainable economy– Promoting good governance– Using sound science responsibly

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2011 - Sustainable Development redefined• Planning must operate to encourage growth and

not act as an impediment. • LPAs should plan positively for new development,

and approve all individual proposals wherever possible.

• LPAs should grant permission where the plan is absent, silent, indeterminate or where relevant policies are out of date.– unless the adverse impacts of allowing development would

significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.

www.ianphillips.eu

Advice to landscape architects

– EU and national legislation overrides policy– Green infrastructure increasingly important for

technical application of landscape elements – Emerging environmental and planning policy and

legislation is changing, controversial and high profile

– Copy PPSs, PPGs and guidance from CLG, Planning Portal, CABE Space archive, etc. while available

– Planning reform could be good for consultants

www.ianphillips.eu

From Property Week

A vision for the future?