Planning Aid Nat Conf 07.04.09


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Planning Aid Nat Conf 07.04.09

  1. 1. Building Sustainable Communities - the Role of Planning Aid
  2. 2. A short lesson from history …
  3. 3. A short lesson from history … <ul><li>“ The object of the Bill is to provide a domestic condition for the people in which their physical health, their morals, their character and their whole social condition can be improved by what we hope to secure in this Bill. The Bill aims in broad outline at, and hopes to secure, the home healthy, the house beautiful, the town pleasant, the city dignified and the suburb salubrious.” </li></ul><ul><li>John Burns, President of the Local Government Board introducing the 1909 Housing, Town Planning Bill into Parliament </li></ul>
  4. 4. A short lesson from history … <ul><li>“ It is not merely landowners in the area who are affected or even business interests. Too often in the past the objections of a noisy minority have been allowed to drown the voices of other people vitally affected. These too must have their say, and when they have had it, the provisional plan may need a good deal of alteration, but it will be all the better for that since it will reflect actual needs democratically expressed. In the past, plans have been too much the plans of officials and not the plans of individuals, but I hope we are going to stop that.” </li></ul>Lewis Silkin, House of Commons, 3rd Reading of Town and Country Planning Bill, 1947
  5. 5. A short lesson from history … <ul><li>‘ In a huge city, it is a fairly common observation that the dwellers in a slum area are almost a separate race of people with different values, aspirations and ways of living. …. One result of slum clearance is that a considerable movement of people takes place over long distances, with devastating effect on the social groupings built up over the years.’ </li></ul>Burns, W, New Towns for Old , Leonard Hill, 1963 Wilf Burns was the City Planning Officer of Newcastle and then became the Government’s Chief Planner
  6. 6. A short lesson from history … <ul><li>‘ But, one might argue, that is a good thing when we are dealing with people who have no initiative or civic pride. The task, surely, is to break up such groupings even though the people seem to be satisfied with their miserable environment and seem to enjoy an extrovert social life in their own locality.’ </li></ul>Burns, W, New Towns for Old , Leonard Hill, 1963 Wilf Burns was the City Planning Officer of Newcastle and then became the Government’s Chief Planner
  7. 7. A short lesson from history … <ul><li>‘ Davidoff challenged planners to become advocates “for what they deemed proper” and for their client’s vision of “the good society.” He urged planners to express their values, engage openly in the political process, and help groups to formulate their plans and develop their capacity. He viewed advocacy as a way of enabling all groups in society ....’ </li></ul><ul><li>Checkway, B, (ed.), ‘Paul Davidoff and advocacy planning in retrospect’, Journal of the American Planning Association , Vol. 60 no. 2, Spring 1994, pp. 139-158. </li></ul>
  8. 8. A short lesson from history … ‘ Planning is a prime example of the need for this participation, for it affects everybody. People should be able to say what kind of community they want and how it should develop: and should be able to do so in a way that is positive and first-hand. It matters to us all that we should now that we can influence the shape of our community so that the towns and villages in which we live, work, learn and relax may reflect our best aspirations. Ministry of Housing & Local Govt et al, People and Planning , HMSO, 1969
  9. 9. A short lesson from history … <ul><li>‘ why has the public made so little impact on the content of plans? </li></ul><ul><li>Most authorities have been far more successful in informing the public than in involving them. Publicity – the first step – is comparatively easy. To secure effective participation is much more difficult.’ </li></ul><ul><li>Ministry of Housing & Local Govt et al, People and Planning , HMSO, 1969 </li></ul>
  10. 10. A short lesson from history … <ul><li>‘ Over the years, the planners have carefully cultivated the image of detached professionals doing a technical job involving no value judgements for the good of society at large. But conflicts inside and outside the profession have shattered the notion of apolitical planning. … Even the RTPI journal now carries long articles on the ideology of planning.’ </li></ul><ul><li>Muller, M, ‘Put Planners on the Dole’, Time Out , October 4, 1974, pp.11-13 </li></ul>
  11. 11. Have we learnt the lessons from history?
  12. 12. Yes – in defining sustainable communities <ul><li>WELL RUN </li></ul><ul><li>WELL SERVED </li></ul><ul><li>FAIR for EVERYONE </li></ul><ul><li>ACTIVE, INCLUSIVE and SAFE </li></ul>
  13. 13. Yes – setting a social agenda for planning <ul><li>‘ Plan policies should: </li></ul><ul><li>ensure that the impact of development on the social fabric of communities is considered and taken into account; </li></ul><ul><li>seek to reduce social inequalities </li></ul><ul><li>address accessibility … for all members of the community to jobs, health, housing, education, shops, leisure and community facilities; </li></ul><ul><li>take into account the needs of all the community , including..relating to age, sex, ethnic background, religion, disability or income; </li></ul>
  14. 14. Yes – in being positive about engagement <ul><li>‘ as I travel around the country … I see in social enterprise, in local environmental action, in new forms of neighbourhood engagement and in non-governmental organisations a new Britain that is being born. A Britain that we must recognise and celebrate.’ Rt. Hon. Gordon Brown MP, speech to NCVO, 3 rd Sept. 2007 </li></ul>
  15. 15. Yes – moving from participation to delivery <ul><li>‘ we want to move to the next stage in the process – enhancing the power of communities and helping people up and down the country to set and meet their own priorities . In this way we strengthen local democracy by increasing participation.’ </li></ul><ul><li>Foreword by the Prime Minister </li></ul><ul><li>DCLG (2008) Communities in Control: Real people, real power, DCLG </li></ul>
  16. 16. Yes – in signing the Aarhus Convention <ul><li>In order to contribute to the protection of the right of every person of present and future generations to live in an environment adequate to his or her health and well-being, each Party shall guarantee the rights of access to information, public participation in decision-making, and access to justice in environmental matters in accordance with the provisions of this Convention. </li></ul>Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters done at Aarhus, Denmark, on 25 June 1998
  17. 17. Yes – as part of a wider agenda <ul><li>Many authorities are reporting the positive benefits from combining consultation activities for the preparation of both the SCS and the LDF Core Strategy. LDFs have to contain a ‘Statement of Community Involvement’ but this can now be developed as part of a broader consultation strategy under the auspices of the LSP. There are strong linkages to the new statutory ‘duty to involve’ coming into force in April 2009. </li></ul>
  18. 18. Yes – as part of a wider agenda
  19. 19. Yes – as part of a wider agenda <ul><li>“ Our equality work should deal with mainstream issues. So when the government's welcome plan to build 3 million more homes and five new eco-towns by 2020 is put into practice, good relations must be the heart of the design of those homes and those towns - so that they become mixed communities that bring people together rather than drive them apart.” </li></ul><ul><li>Trevor Phillips, the Equality and Human Rights Commission, 20 April 2008 </li></ul>
  20. 20. Yes – in redefining professionalism <ul><li>‘ The New Vision sees planning as an activity undertaken by society as a whole: an activity that requires the active participation of all the people, communities and interests involved – an activity facilitated, but not owned, by professional planners.’ </li></ul><ul><li>RTPI, A New Vision for Planning , 2000 </li></ul>
  21. 21. Yes – in changing the cultures of planning
  22. 22. Yes – in making involvement a duty <ul><li>(1) A principal local authority has a duty to promote understanding of the following among local people— </li></ul><ul><li>(a) the functions of the authority; </li></ul><ul><li>(b) the democratic arrangements of the authority; </li></ul><ul><li>(c) how members of the public can take part in those democratic arrangements and what is involved in taking part. </li></ul>
  23. 23. Yes – in making involvement a duty <ul><li>“ democratic arrangements” means arrangements for members of the public to participate in, or influence, the making of decisions; </li></ul><ul><li>“ local people”, in relation to a principal local authority, means people who live, work or study in the authority’s area. </li></ul>
  24. 24. No?
  25. 25. No? <ul><li>… the consultation exercise was very seriously flawed. … The purpose of the 2006 Consultation Document as part of the process of &quot;the fullest public consultation&quot; was unclear. As the consultation paper on an issue of such importance and complexity it was manifestly inadequate. It contained no proposals as such, and even if it had, the information given to consultees was wholly insufficient to enable them to make &quot;an intelligent response&quot;. </li></ul>
  26. 26. No? <ul><li>A number of LPAs suggested that &quot; representative groups can have their own agenda and are unlikely to move from their stance&quot;, another LPA respondent said: &quot;consulting with community groups and individuals is riddled with difficulties of the lack of clarity regarding the motives of particular individuals for seeking to influencing the planning process and the legitimacy of a community group.&quot; </li></ul>Evaluation of the Processes used to Develop National Planning Policy in Wales, August 2007, ECOTEC
  27. 27. No? <ul><li>Planning officers and councillors were poor at interpreting the local views. On all three applications, the planning officers’ or the councillor’s interpretation of local sentiment was at odds with what we found when we tested it. </li></ul>
  28. 28. No? <ul><li>‘… the tenor of government documents and much of the academic literature, which makes reference to communities, is suggestive of a force for good and of untapped creative energy. However, it is vital if the positive potential is to be harnessed and released that the real world of local communities is understood, rather than basing policy and theory on an overly romanticised notion of ‘community’.’ </li></ul><ul><li>Campbell, H, ‘The Darker Side of Local Communities: Is this the Real World of Planning?, Planning Theory & Practice , Vol.6, No.4, Dec. 2005, pp. 517-519 </li></ul>
  29. 29. Have we learnt the lessons from history? <ul><li>Three tests: </li></ul><ul><li>Major infrastructure </li></ul><ul><li>Third Party Rights of Appeal </li></ul><ul><li>International </li></ul>
  30. 30. Major infrastructure We hereby give notice that a planning application has been made for a development you won’t like on this hitherto protected area. You can object but your views will not count for much. We need it, it’s going to happen and that’s that. Thank you. Have a nice day.
  31. 31. Major Infrastructure <ul><li>Local people have a vital role to play at the pre application stage. People should have as much influence and ownership as is realistic and possible over the decisions and forces which shape their lives and communities, and it is therefore critical that they are engaged at an early stage by promoters. Because they live and work in the affected area, local people are particularly well placed to comment on what the impact of proposals on their local community might be. </li></ul>
  32. 32. Major Infrastructure <ul><li>In turn, in order for the process to be effective, local people will need to take the opportunities arising from consultation and engage with promoters. Local people will need to consider proposals carefully, identify impacts on themselves or on their communities, and then make their views known to promoters in a timely manner. By doing so, communities will be able to exercise greater influence over proposals affecting their area than they have had before. </li></ul>
  33. 33. Major Infrastructure <ul><li>To help local communities understand and engage with the planning process, Government has provided extra funding for Planning Aid, which provides free, independent and professional planning advice and support to communities and individuals who cannot afford to pay planning consultant fees. </li></ul>
  34. 34. Third Party Rights of Appeal
  35. 35. Third Party Rights of Appeal <ul><li>‘ It is submitted that the lack of a third party right of appeal ... is contrary to article 9(2) of the Aarhus Convention in that the Government should “ensure that members of the public concerned having a sufficient interest ... have access to a review procedure before a court of law or an independent and impartial body to challenge the substantive and procedural legality of any decision.”’ </li></ul><ul><li>Stookes, P, and Razzaque, J, ‘Community participation: UK planning reforms and international obligations,’ Journal of Planning & Environment Law , July 2002, pp. 786 - 795. </li></ul>
  36. 36. Third Party Rights of Appeal <ul><li> 29 th June 2005 </li></ul><ul><li>The Scottish National Party's Sandra White questioned Mr Chisholm's decision to ignore the public's call for a right of appeal. She asked: &quot;You rule out third party right of appeal even though your own consultation document has 86% of respondents in favour of a third party right of appeal. </li></ul><ul><li>&quot;Would you not agree with me minister that you do a great disservice to the majority of the public out there who support some form of third party right of appeal?&quot; </li></ul>
  37. 37. Third Party Rights of Appeal <ul><li>The conclusion that will be reflected in the consultation paper is that the case for third party appeals has not been proven. They would not contribute to the objectives of planning reform/RPA, would be expected to be detrimental to the anticipated outcomes of planning reform, and are not a necessary feature of the Northern Ireland planning system following planning reform and the transfer of planning functions to Councils. </li></ul>
  38. 38. Global Planning
  39. 39. Global Planning
  40. 40. Global Planning <ul><li>‘ We assert that there can be no sustainable development without sustainable urbanisation and no sustainable urbanisation without effective planning: political will and investment is required for effective planning.’ </li></ul>
  41. 41. Global Planning <ul><li>Ten Principles of New Urban Planning contained in Reinventing Planning 2006 </li></ul><ul><li>1. Sustainability </li></ul><ul><li>2. Integrated Planning. </li></ul><ul><li>3. Integrated with Budgets </li></ul><ul><li>4. Planning with Partners </li></ul><ul><li>5. Subsidiarity </li></ul><ul><li>6. Market Responsiveness </li></ul><ul><li>7. Access to Land </li></ul><ul><li>8. Appropriate Tools </li></ul><ul><li>9. Pro-poor and Inclusive </li></ul><ul><li>10. Cultural Variation </li></ul>
  42. 42. Global Planning <ul><li>The UNESCO UN-HABITAT project, launched in March 2005, seeks to forge consensus amongst local authorities and others on public policy and legislation that combines urban development with local democracy, good governance and citizenship, to stimulate equitable urban development and celebrate the cultural diversity of cities. </li></ul><ul><li>Brown, A and Kristiansen, A (2008) Urban Policies and the Right to the City: Rights, responsibilities and citizenship , UNESCO </li></ul>
  43. 43. Global Planning <ul><li>f) We shall seek social justice by working to expand choice and opportunity for all persons, recognizing a special responsibility to plan for the needs of the disadvantaged and to promote racial and economic integration. We shall urge the alteration of policies, institutions, and decisions that oppose such needs. </li></ul><ul><li>Code of the American Institute of Certified Planners/ American Planning Association 1 st June 2005 </li></ul>
  44. 44. Less Haste – More SP=EED <ul><li>What is the purpose of seeking public engagement? Is it: </li></ul><ul><li>To give information; or </li></ul><ul><li>To give information and to consult and listen to views; or </li></ul><ul><li>To give information and to consult and listen to views, and to work with communities as partners, in appropriate situations? </li></ul>
  45. 45. Less Haste – More SP=EED <ul><li>Sherry Arnstein’s Ladder of Citizen Participation 1969 </li></ul>Citizen Control Delegated Power Partnership Placation Consultation Informing Therapy Manipulation Degrees of Citizen Power Degrees of Tokenism Non participation
  46. 46. <ul><li>[email_address] </li></ul>