Making a planning application under the Localism Act 2011
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Making a planning application under the Localism Act 2011

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Looks at four key areas that are relevant to planning consultants, architects and all those who submit planning applications: the National Planning Policy Framework, Neighbourhood Planning, CIL's and ...

Looks at four key areas that are relevant to planning consultants, architects and all those who submit planning applications: the National Planning Policy Framework, Neighbourhood Planning, CIL's and the duty to consult.

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Making a planning application under the Localism Act 2011 Making a planning application under the Localism Act 2011 Presentation Transcript

  • Making planningapplications under the Localism Act Graham Gover
  • PART 1Neighbourhood Planning and the NPPF
  • Development plan, s38(3) For the purposes of any area [outside ofGreater London] the development plan is(a) the regional strategy for the region inwhich the area is situated, and(b) the development plan documents (takenas a whole) which have been adopted orapproved for that area
  • Development plan, s38(3) For the purposes of any area [outside ofGreater London] the development plan is(...a) the regional strategy for the region inwhich the area is situated, and(b) the development plan documents (takenas a whole) which have been adopted orapproved for that area, and(c) the neighbourhood development planswhich have been made in relation to thatarea
  • Neighbourhood Plan“A neighbourhood development plan is aplan which sets out policies in relation to thedevelopment and use of land in the whole orany part of a particular neighbourhood areaspecified in the plan” new s38A
  • Neighbourh’d vs Local Plan Neighbourhood plans should reflect [the strategic policies for the area] and neighbourhoods should plan positively to support them. Neighbourhoods will have the power to promote more development than is set out in the strategic policies of the Local Plan. NPPF
  • Neighbourh’d vs Local Plan When a neighbourhood plan is made, the policies it contains take precedence over existing policies in the Local Plan for that neighbourhood, where they are in conflict. NPPF
  • Neighbourhood plans
  • Neighbourhood plans “Planning is simply about where stuff goes”
  • Neighbourhood plans “Planning is simply about where stuff goes” “Does planning have to be off-putting?”
  • Neighbourhood plans “Planning is simply about where stuff goes” “Does planning have to be off-putting?” “So I’m half-interested. Go ahead, inspire me...”
  • Neighbourhood plans
  • Neighbourhood plans Key: Green - 1st wave Pink - 2nd wave Blue - 3rd wave Yellow- 3rd wave covering multiple areas Red - part of 4th wave
  • Neighbourhood plans
  • Neighbourhood plans Key: Green - 1st wave Lynton, Dawlish Blue - 3rd wave Brixham Red - part of 4th wave St. James, Exeter
  • Procedures
  • ProceduresTown or Parish Councils or Neighbourhood ForumsCouncil to approve Neighbourhood areaPlans formulated, council duty to provide supportIndependent examination - conformity checkLocal referendum - 50% of those votingAdoption of Neighbourhood Plan by council
  • ProceduresTown or Parish Councils or Neighbourhood ForumsCouncil to approve Neighbourhood areaPlans formulated, council duty to provide supportIndependent examination - conformity checkLocal referendum - 50% of those votingAdoption of Neighbourhood Plan by council
  • ProceduresTown or Parish Councils or Neighbourhood ForumsCouncil to approve Neighbourhood areaPlans formulated, council duty to provide supportIndependent examination - conformity checkLocal referendum - 50% of those votingAdoption of Neighbourhood Plan by council
  • ProceduresTown or Parish Councils or Neighbourhood ForumsCouncil to approve Neighbourhood areaPlans formulated, council duty to provide supportIndependent examination - conformity checkLocal referendum - 50% of those votingAdoption of Neighbourhood Plan by council
  • ProceduresTown or Parish Councils or Neighbourhood ForumsCouncil to approve Neighbourhood areaPlans formulated, council duty to provide supportIndependent examination - conformity checkLocal referendum - 50% of those votingAdoption of Neighbourhood Plan by council
  • ProceduresTown or Parish Councils or Neighbourhood ForumsCouncil to approve Neighbourhood areaPlans formulated, council duty to provide supportIndependent examination - conformity checkLocal referendum - 50% of those votingAdoption of Neighbourhood Plan by council
  • Costs Consultation costs £5,000 Examination costs £5,000 Referendum £1.50 per head £7,000 Masterplan £50,000 EIA £50,000 Habitats £15,000 Retail, equality, safety - each £5,000
  • Costs Consultation costs £5,000 Examination costs £5,000 Referendum £1.50 per head £7,000 Masterplan £50,000 EIA £50,000 Habitats £15,000 Retail, equality, safety - each £5,000
  • Costs Consultation costs £5,000 Examination costs £5,000 Referendum £1.50 per head £7,000 Masterplan £50,000 EIA £50,000 Habitats £15,000 Retail, equality, safety - each £5,000
  • Costs Consultation costs £5,000 Examination costs £5,000 Referendum £1.50 per head £7,000 Masterplan £50,000 EIA £50,000 Habitats £15,000 Retail, equality, safety - each £5,000
  • Costs Consultation costs £5,000 Examination costs £5,000 Referendum £1.50 per head £7,000 Masterplan £50,000 EIA £50,000 Habitats £15,000 Retail, equality, safety - each £5,000
  • Take-up and overall cost Number of neighbourhoods (wards) 7,618 Annual take-up 5% / 380 By Year 11 55% By Year 11 4,190 Cost by year 11 (low) £64m Cost by year 11 (high) £235m
  • Take-up and overall cost Number of neighbourhoods (wards) 7,618 Annual take-up 5% / 380 By Year 11 55% By Year 11 4,190 Cost by year 11 (low) £64m Cost by year 11 (high) £235m
  • Take-up and overall cost Number of neighbourhoods (wards) 7,618 Annual take-up 5% / 380 By Year 11 55% By Year 11 4,190 Cost by year 11 (low) £64m Cost by year 11 (high) £235m
  • Take-up and overall cost Number of neighbourhoods (wards) 7,618 Annual take-up 5% / 380 By Year 11 55% By Year 11 4,190 Cost by year 11 (low) £64m Cost by year 11 (high) £235m
  • Take-up and overall cost Number of neighbourhoods (wards) 7,618 Annual take-up 5% / 380 By Year 11 55% By Year 11 4,190 Cost by year 11 (low) £64m Cost by year 11 (high) £235m
  • Take-up and overall cost Number of neighbourhoods (wards) 7,618 Annual take-up 5% / 380 By Year 11 55% By Year 11 4,190 Cost by year 11 (low) £64m Cost by year 11 (high) £235m
  • Neighbourhood OrdersParish or Town Councils, or NeighbourhoodForum again initiate the processAn order which grants planning permissionin a neighbourhood area for development orof any class of development specified in theorderGranted unconditionally, conditionally orsubject to limitations
  • ProceduresInitiative by PC, TC, NFAdvice and assistance by councilConsideration by councilIndependent examination, recommendations madeConsideration by council of recommendationsLocal referendum - 50% of those voting
  • ProceduresInitiative by PC, TC, NFAdvice and assistance by councilConsideration by councilIndependent examination, recommendations madeConsideration by council of recommendationsLocal referendum - 50% of those voting
  • ProceduresInitiative by PC, TC, NFAdvice and assistance by councilConsideration by councilIndependent examination, recommendations madeConsideration by council of recommendationsLocal referendum - 50% of those voting
  • ProceduresInitiative by PC, TC, NFAdvice and assistance by councilConsideration by councilIndependent examination, recommendations madeConsideration by council of recommendationsLocal referendum - 50% of those voting
  • ProceduresInitiative by PC, TC, NFAdvice and assistance by councilConsideration by councilIndependent examination, recommendations madeConsideration by council of recommendationsLocal referendum - 50% of those voting
  • ProceduresInitiative by PC, TC, NFAdvice and assistance by councilConsideration by councilIndependent examination, recommendations madeConsideration by council of recommendationsLocal referendum - 50% of those voting
  • National Planning PolicyWhere are we now?
  • National Planning PolicyWhere are we now?Consultation document issued 25 July 2011Consultation closed 17 October 2011Publication date not yet announcedPossibly April 2012
  • National Planning PolicyWhat is it?
  • National Planning PolicyWhat is it?“The Framework will replace the current suite of nationalPlanning Policy Statements, Planning Policy Guidance notesand some Circulars with a single, streamlined document.”
  • National Planning PolicyWhat is it?“The Framework will replace the current suite of nationalPlanning Policy Statements, Planning Policy Guidance notesand some Circulars with a single, streamlined document.”“The Framework condenses the near 900,000 words ofnational planning policies (over 1,000 pages) into a user-friendly and accessible document which can be understoodand used by everybody who has an interest in shaping thedevelopment of their area.”
  • NPPF outline
  • NPPF outlineDelivering sustainable developmentPlan-makingDevelopment managementPlanning for prosperity (economic role) • business and economic development • transport • community infrastructure • minerals
  • NPPF outline
  • NPPF outlinePlanning for people (social role) • housing • design • sustainable communities • green beltPlanning for places (environmental role) • climate change • natural environment • historic environment
  • Key concept
  • Key concept “At the heart of the planning system is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan making and decision taking. Local planning authorities should plan positively for new development, and approve all individual proposals wherever possible.”
  • Key concept
  • Key concept“All plans should be based upon and containthe presumption in favour of sustainabledevelopment as their starting point, withclear policies that will guide how thepresumption will be applied locally.”
  • Key concept
  • Key concept “In considering applications for planning permission, local planning authorities should apply the presumption in favour of sustainable development and seek to find solutions to overcome any substantial planning objections where practical and consistent with the Framework.”
  • But what is it?
  • But what is it?“Sustainable development means development thatmeets the needs of the present without compromisingthe ability of future generations to meet their own needs.It is central to the economic, environmental and socialsuccess of the country and is the core principleunderpinning planning. Simply stated, the principlerecognises the importance of ensuring that all peopleshould be able to satisfy their basic needs and enjoy abetter quality of life, both now and in the future.”Paragraph 8
  • But what is it?
  • But what is it? “When taken as a whole, the policies in this Framework set out the Government’s view of what constitutes sustainable development in practice and how the planning system is expected to deliver it.”Paragraph 12
  • Importance of design “Good design is indivisible from good planning and should contribute positively to making places better for people. The Government’s objective for the planning system is to promote good design that ensures attractive, usable and durable places. This is a key element in achieving sustainable development.”Paragraph 114
  • Post NPPF and pre-plan“Local authorities should ... grant permissionwhere the [local] plan is absent, silent,indeterminate or where relevant policies areout of date.”“In the absence of an up-to-date plan,planning applications should be determinedin accord with this Framework...It will beopen to local planning authorities to seek acertificate of conformity with theFramework.”
  • PART 2CILs and the Duty to Consult
  • Why is it needed?
  • Why is it needed?Problems with s106 obligations:
  • Why is it needed?Problems with s106 obligations: • do not provide for incremental effects of development
  • Why is it needed?Problems with s106 obligations: • do not provide for incremental effects of development • major developments bear costs disproportionately
  • Why is it needed?Problems with s106 obligations: • do not provide for incremental effects of development • major developments bear costs disproportionately • only 6% of planning permissions make any financial contribution
  • Why is it needed?
  • Why is it needed? • inconsistency between LPAs
  • Why is it needed? • inconsistency between LPAs • can lead to the notion that permissions are bought and sold
  • Why is it needed? • inconsistency between LPAs • can lead to the notion that permissions are bought and sold • s106s are often negotiated, leading to delay and legal costs
  • Why is it needed? • inconsistency between LPAs • can lead to the notion that permissions are bought and sold • s106s are often negotiated, leading to delay and legal costs • lack of accountability of how the money is spent
  • What is infrastructure?Includes: • roads and other transport facilities • flood defences • schools and other educational facilities • sporting and recreational facilities • open spaces
  • What is CIL liable development?
  • What is CIL liable development?Generally: buildings permitted throughsome form of planning permission, except
  • What is CIL liable development?Generally: buildings permitted throughsome form of planning permission, except • a building into which people do not normally go
  • What is CIL liable development?Generally: buildings permitted throughsome form of planning permission, except • a building into which people do not normally go • or go intermittently, for inspecting or maintaining fixed plant or machinery
  • Formula
  • Formula R x A x IP Ic where the value of A is CR x (C-E) C or ZZZZZZZZZZZZZZZZZZZZZZZZZZZ
  • Formula R x A x IP Ic where the value of A is CR x (C-E) C or ZZZZZZZZZZZZZZZZZZZZZZZZZZZ
  • Formula R x A x IP Ic where the value of A is CR x (C-E) C or ZZZZZZZZZZZZZZZZZZZZZZZZZZZ
  • Formula R x A x IP Ic where the value of A is CR x (C-E) C or ZZZZZZZZZZZZZZZZZZZZZZZZZZZ
  • Formula R x A x IP Ic where the value of A is CR x (C-E) C or ZZZZZZZZZZZZZZZZZZZZZZZZZZZ
  • In plain English...
  • In plain English...The levy is charged £/m2 of the netadditional increase in floorspace.
  • In plain English...The levy is charged £/m2 of the netadditional increase in floorspace.Deduct the floorspace of any building to bedemolished
  • In plain English...The levy is charged £/m2 of the netadditional increase in floorspace.Deduct the floorspace of any building to bedemolishedAdjustments made for changes in the Indexbetween date of permission and thecharging schedule taking effect
  • Various exemptions
  • Various exemptions • minor development >100 m2 of gross internal floorspace
  • Various exemptions • minor development >100 m2 of gross internal floorspace • charities
  • Various exemptions • minor development >100 m2 of gross internal floorspace • charities • social housing
  • Various exemptions • minor development >100 m2 of gross internal floorspace • charities • social housing • “exceptional circumstances” only if
  • Various exemptions • minor development >100 m2 of gross internal floorspace • charities • social housing • “exceptional circumstances” only if - s106 exists
  • Various exemptions • minor development >100 m2 of gross internal floorspace • charities • social housing • “exceptional circumstances” only if - s106 exists - it must be more expensive than levy
  • Various exemptions • minor development >100 m2 of gross internal floorspace • charities • social housing • “exceptional circumstances” only if - s106 exists - it must be more expensive than levy - adverse effect on viability
  • Administration
  • Administration • submit form with planning application
  • Administration • submit form with planning application • prior to commencement of development, serve notice of chargeable development
  • Administration • submit form with planning application • prior to commencement of development, serve notice of chargeable development • the collecting authority serves a liability notice + local land charge
  • Administration • submit form with planning application • prior to commencement of development, serve notice of chargeable development • the collecting authority serves a liability notice + local land charge • service of a commencement notice
  • Administration • submit form with planning application • prior to commencement of development, serve notice of chargeable development • the collecting authority serves a liability notice + local land charge • service of a commencement notice • collecting authority serves a demand notice
  • Payment - set by LPA Chargeable amount Instalments 60 days from less than £50,000 commencement 25% in 90 days, balance £50,000 to £250,000 270 days 25% in 90 days, 25% in 180 over £250,000 days, 25% in 360 days, 25% in 540 days
  • Payment - set by LPA Chargeable amount Instalments 60 days from less than £50,000 commencement 25% in 90 days, balance £50,000 to £250,000 270 days 25% in 90 days, 25% in 180 over £250,000 days, 25% in 360 days, 25% in 540 days
  • Payment - set by LPA Chargeable amount Instalments 60 days from less than £50,000 commencement 25% in 90 days, balance £50,000 to £250,000 270 days 25% in 90 days, 25% in 180 over £250,000 days, 25% in 360 days, 25% in 540 days
  • Payment - set by LPA Chargeable amount Instalments 60 days from less than £50,000 commencement 25% in 90 days, balance £50,000 to £250,000 270 days 25% in 90 days, 25% in 180 over £250,000 days, 25% in 360 days, 25% in 540 days
  • Payment - set by LPA Chargeable amount Instalments 60 days from less than £50,000 commencement 25% in 90 days, balance £50,000 to £250,000 270 days 25% in 90 days, 25% in 180 over £250,000 days, 25% in 360 days, 25% in 540 days Land payment for payment in kind
  • Who is liable to pay?
  • Who is liable to pay? • by default, the owner of the land since that person generally benefits from increased land values
  • Who is liable to pay? • by default, the owner of the land since that person generally benefits from increased land values • ‘material interest’: freeholder or leaseholder with at least seven years to run
  • Who is liable to pay? • by default, the owner of the land since that person generally benefits from increased land values • ‘material interest’: freeholder or leaseholder with at least seven years to run • another person can volunteer liability
  • What if they don’t pay?
  • What if they don’t pay? • surcharge for failing to assume liability or serve notice, late payment
  • What if they don’t pay? • surcharge for failing to assume liability or serve notice, late payment • late payment interest
  • What if they don’t pay? • surcharge for failing to assume liability or serve notice, late payment • late payment interest • CIL stop notice, enforceable by unlimited fine and/or injunction
  • What if they don’t pay? • surcharge for failing to assume liability or serve notice, late payment • late payment interest • CIL stop notice, enforceable by unlimited fine and/or injunction • recovery by liability in the magistrates’ court: distress warrant, commitment to prison
  • Applying the CIL collected
  • Applying the CIL collected “A charging authority must apply CIL to funding to support the development of its area” Reg 59
  • Applying the CIL collected “A charging authority must apply CIL to funding to support the development of its area” Reg 59 • may apply it outside its area
  • Applying the CIL collected “A charging authority must apply CIL to funding to support the development of its area” Reg 59 • may apply it outside its area • may pass to another person for that person to apply to funding infrastructure
  • Applying the CIL collected “A charging authority must apply CIL to funding to support the development of its area” Reg 59 • may apply it outside its area • may pass to another person for that person to apply to funding infrastructure • localism - must pass on “a meaningful percentage” for local development
  • CIL in Devon
  • CIL in Devon Preparing for Public Mid Devon Examination Consultation on delivery Exeter, Plymouth, Torbay plan and charging schedule North Devon, Torridge, East Devon, What’s a CIL? West Devon, South Hams, Teignbridge
  • CIL in Devon Preparing for Public Mid Devon Examination Consultation on delivery Exeter, Plymouth, Torbay plan and charging schedule North Devon, Torridge, East Devon, What’s a CIL? West Devon, South Hams, Teignbridge
  • CIL in Devon Preparing for Public Mid Devon Examination Consultation on delivery Exeter, Plymouth, Torbay plan and charging schedule North Devon, Torridge, East Devon, What’s a CIL? West Devon, South Hams, Teignbridge
  • Newark and Sherwood DC
  • N & S - commercial Newark C1 £0 B1a £0 Other B £20 Retail £125 All other £0
  • N & S - commercial Newark C1 £0 B1a £0 Other B £20 Retail £125 All other £0
  • N & S - commercial Newark C1 £0 B1a £0 Other B £20 Retail £125 All other £0
  • N & S - commercial Newark C1 £0 B1a £0 Other B £20 Retail £125 All other £0
  • N & S - commercial Newark C1 £0 B1a £0 Other B £20 Retail £125 All other £0
  • N & S - commercial Newark C1 £0 B1a £0 Other B £20 Retail £125 All other £0
  • N & S - residential
  • N & S - residential 1 £0 1 2 £0 3 £45 4 £55 5 £65 6 £75
  • N & S - residential 1 £0 1 2 £0 2 3 £45 4 £55 5 £65 6 £75
  • N & S - residential 1 £0 1 2 £0 2 3 3 £45 4 £55 5 £65 3 6 £75
  • N & S - residential 1 £0 1 2 £0 2 3 3 £45 4 4 £55 5 £65 3 6 £75
  • N & S - residential 1 £0 1 2 £0 2 3 3 £45 4 4 £55 5 £65 5 3 6 £75
  • N & S - residential 1 £0 1 2 £0 2 3 3 £45 4 4 £55 6 5 £65 5 3 6 £75
  • N & S projects to 202628 highway projects • of which 4, costing £9m, will be 50/50 funded CIL/public sector • remainder, costing £11.7m, will be 100% CIL funded1 education project • Newark Secondary School, costing £25m, 100% CIL funded
  • CIL rates in Exeter? Development use Levy £psm Residential C3, C4 £100 Purpose-built student housing £50 Retail over 2,500 sq m £300 All other £0
  • CIL rates in Exeter? Development use Levy £psm Residential C3, C4 £100 Purpose-built student housing £50 Retail over 2,500 sq m £300 All other £0
  • CIL rates in Exeter? Development use Levy £psm Residential C3, C4 £100 Purpose-built student housing £50 Retail over 2,500 sq m £300 All other £0
  • CIL rates in Exeter? Development use Levy £psm Residential C3, C4 £100 Purpose-built student housing £50 Retail over 2,500 sq m £300 All other £0
  • CIL rates in Exeter? Development use Levy £psm Residential C3, C4 £100 Purpose-built student housing £50 Retail over 2,500 sq m £300 All other £0
  • Duty to consultNot all developments are caught:only where “the proposed development is ofa description specified in a developmentorder”Two stages: publicity and consultation
  • Publicity “in such manner as the person reasonably considers is likely to bring the proposed application to the attention of a majority of the persons who live at, or otherwise occupy, premises in the vicinity of the land”
  • Publicity must set out how the developer may be contacted by persons wishing to comment on, or collaborate with P on the design of, the proposed development
  • Publicity give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time.
  • Consultation The person must consult each specified person about the proposed application. To be specified by a development order
  • Duty to take account Am I going to make an application for planning permission? Will it be in the same terms as proposed? Must have regard to any responses to the consultation that the person has received.
  • Demonstrate compliance “A development order must require that the application be accompanied by particulars of • how the person complied with the duty to consult, • any responses to the consultation that were received by the person, and • the account taken of those responses.”Will be in force for seven years or less