Blake Lapthorn and Kemp & Kemp Planning Post Pickles Seminar

Planning post-Pickles Blake Lapthorn and Kemp & Kemp Property Consultants breakfast briefing Thursday 22 July

Planning for Climate Change “ ..climate change represents a potentially catastrophic threat but it is within our control to address it – and address it we must.” Henry Gordon-Lennox , barrister Blake Lapthorn

Sustainable development and climate change
Planning already has the concept of “sustainable development”
Sustainable development enshrined in PPS1 (Jan 2005) which says it is “the core principle underpinning planning”
Climate change has, to date, been just one aspect of sustainable development so it has been recognised that more drastic steps required!
Consequently Governments are responding with legislative and policy initiatives.
Kyoto Protocol and in UK the Climate Change Act 2008
Copenhagen Accord?

Tackling climate change – current position
Supplement to PPS1 – ‘Planning and Climate Change’
“ Tackling climate change is a key Government priority for the planning system”
“ Addressing climate change is therefore the Government’s principal concern for sustainable development”
Sets out the role climate change considerations have in determining planning applications and development control decisions
Stand alone national policy document - material planning consideration now
Underpinned by Planning Act 2008 – requires policies in LDD to secure development contributes to mitigation of, and adaptation to, climate change
It specifically states that it takes precedence where there is any inconsistency / difference between it and the other PPSs

Review of PPS1
Current consultation draft out which is to replace current PPS1 Supplement and consolidate it with PPS22 (Renewable Energy)
Published 9 March and closing date for comments was 1 June
Publication or further review?
It continues to provide a planning framework to drive progress towards meeting the UK’s targets to reduce greenhouse gases, use more renewable and low-carbon energy and plan for the effect of climate change

Draft policies
LCF2 – Regional Planning Approach
LCF4 – Local renewable and low-carbon energy
LCF5 – Adapting to changing climate
LCF6 – Site for new development
LCF9 – Requirements for sustainable buildings

Of interest?
Previous Government pledged £10 million to boost Council’s ‘green’ expertise – by way of providing training for Members and planners (particularly on provision and use of renewable energy) and also on CPD.
£70 million fund to assist in master planning new eco-towns
Coalition have reduced by 50% for 2010 / 2011
Also require evidence of ‘local’ support
DECC has published new guidelines designed to help regional authorities assess the potential for renewable and low-carbon energy

Coalition – what impact will this have?
Government reiterate that “climate change is one of the gravest threats we face, and that urgent action at home and abroad is required”
the Coalition’s programme for Government;
“ push EU to adopt emission reduction target by 30% by 2020”
“ seek to increase target for energy from renewable sources”
“ public sector investment in carbon capture and storage for four coal fired power stations”
“ huge increase in energy from waste through anaerobic digestion”
“ introduce measures to encourage marine energy”
“ take measures to improve energy efficiency in business and public sector buildings”
“ encourage community-owned renewable energy schemes”
“ work towards an ambitious global climate deal that will limit emissions”
Communities to be given a greater say over their local planning system
abolishment of RSS

Conclusions
Sustainability as was (the green roof, shower and cycle racks) will no longer do
Authorities and applicants will be under increasing pressure to demonstrate that policies and individual developments make a positive contribution to reducing carbon emissions
If this is to be achieved, it will require innovation by the developers and support of the LPAs
Change in Government unlikely to alter the stance on climate change –probably even stronger policies

The Coalition’s agenda for change Guthrie McGruer , partner Blake Lapthorn

Planning
At the national level
Abolition of CIL
No mention in coalition agreement but Conservatives promised abolition
In answers to questions in the Commons on 9 June 2010 “ announcements on the future of the related Community Infrastructure Levy (CIL) will be made in due course ”
Will require primary legislation
No impact on S106 obligations whilst no ‘charging schedule’ in place
Replacement with ‘local tariff’ – differences?

Relationship with S106 Agreements
The five policy tests of Circular 05/05 now codified
(a) necessary to make development acceptable in planning terms
(b) directly related to the development
(c) fairly and reasonably related in scale and kind to the development

Overlap of CIL and S106
CIL mandatory (if adopted)
S106 not suitable for pooled contributions

Abolition of Independent Planning Commission
Problem: unelected / unaccountable
Requires primary legislation to achieve
IPC will continue to determine applications as NPS are produced until abolished to ensure no delay
If NPS in place then IPC will determine
If no NPS when application to be determined then recommendation to SoS
Solution: new arm at PINS called ‘Major Infrastructure Planning Unit’ which is accountable
Will determine applications in same statutory time frame
Will keep NPS as the policy basis but to be ratified by Parliament
Nuclear?

Radical reform of planning system
Intention to give ‘ neighbourhoods far more ability to determine the shape of the places in which their inhabitants live ’
Based on Conservative’s ‘Open Source Planning’ Green Paper – some examples include;
New designation similar to SSSI to protect ‘green areas’ of particular importance to local communities
Cross boundary co-operation required where cross border issues arise
National Planning Framework
Simple and consolidated!!
Covering all forms of development and setting out national, economic, environmental and social priorities

At the local level
This is where ‘localism’ agenda intended to operate
Local plans to be ‘bottom up’ derived from aspirations of local people
Will develop policies – not just consulted on ‘options’
Presumption in favour of sustainable development
incentives for LPAs for delivering this
Amend Use Classes Order so that people can change the use of land within a range allowed by the Local Plan
Collaborative design of ‘significant local projects’ to ensure involvement by the neighbourhood
“fast track” consents where agreement is reached with neighbours, including payments to offset impacts

THE BIG ONE – third party rights of appeal
Limit scope of appeals (by developer / residents) to abuse of power or a failure to apply the local plan
SoS has confirmed that LPA’s to be given an opportunity to revise LDD to reflect abolition of RSSs and removal of imposed targets
However stated ‘should not take a long time’
‘Home on the Farm’
Schemes to encourage farmers to convert existing buildings into affordable housing

Planning update Steven Sensecall BA (Hons) DipTP MRTPI Joint Senior Partner and Head of Planning Huw Mellor BA (Hons) MRTPI Partner Kemp & Kemp Property Consultants

Amendment to Use Classes Order (April 2010)
Includes a new Use Class C4: Houses in Multiple Occupation (HMO)
Previously, HMOs were six residents and above
New definition: “Use of a dwelling house by not more than 6 residents”
Planning permission needed for change of use from Class C3 (dwelling house) to HMO

Changes to the General Permitted Development Order (April 2010)
Permitted development: Development consisting of a change of use of a building to a use falling within Class C3 (dwelling houses) from a use falling within Class C4 (houses in multiple occupation)
Extends permitted development rights on industrial and warehouse buildings to research and development uses and permits new buildings, subject to constraints
Extends permitted development rights for schools, colleges, universities and hospitals and allows extensions and alterations to such institutions
Extends permitted development rights for offices and retail/catering/financial and professional services establishments subject to constraints

Changes to PPS3:Housing (June 2010)
Brings an end to “garden grabbing” ... or does it?
Removes presumption that previously - developed land is necessarily suitable for housing and that whole of curtilage should be developed
Gives LPAs ability to set out a range of densities across a plan area rather than one broad density range (previously 30 [minimum] – 50 per hectare)
But ... commitment to making efficient use of land remains
Annex B excludes “private residential gardens” from definition of previously – developed land

Abolition of Regional Spatial Strategies (RSS)
Trailed in Tories ‘Open Source Planning’ Green Paper
Abolished on 6 July 2010
How will this affect planning applications?
How will this affect the preparation of LDF documents?
Determining housing numbers
Do Councils have to maintain a 5 year land supply?

Local Enterprise Partnerships
Pickles and Cable letter 29 June 2010
Reform of sub-national economic development
Enables councils and business to replace the existing RDAs
Role - to provide the strategic leadership and to set out local economic priorities
Governance structures?

Blake Lapthorn and Kemp & Kemp Planning Post Pickles Seminar

by Blake Lapthorn on Jul 22, 2010

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Blake Lapthorn and Kemp & Kemp Planning Post Pickles Seminar — Presentation Transcript