This will be useful for you if you are a new councillor, or a councillor new to planning. Or you are feeling a bit rusty and just want an update. It covers some planning basics, including on your role as a councillor

1. Councillor briefing
An introduction to planning
Date April 2013 www.pas.gov.uk

2. What is PAS ?
• PAS is a DCLG grant-funded programme but
part of the Local Government Association
• Governed by a ‘sector led’ board
• 10 staff – commissioners, generalists, support
“PAS exists to provide support to local planning
authorities to provide efficient and effective planning
services, to drive improvement in those services and
to respond to and deliver changes in the planning
system”

3. Scope of this Presentation
• To provide an introduction planning
• To help councillors understand their role
• To help councillors get the most from the
system

4. Introduction to planning
• What is planning?
• Planning legislation and policy
• Development management
• Decision making
• Appeals and Enforcement

5. Planning is topical

7. Planning…
• sets out a long term vision for places
• provides a decision making framework to
manage competing uses for space;
• balances economic, social and environmental
needs.
• provides legitimacy through consultation and
testing of evidence;
• delivers change on the ground

8. Planning involves balancing issues
economic recession
climate change
environmental issues
meeting housing needs localism
long term strategies today’s pressures
brownfield development town cramming
retail “market forces” viability of town centres
individual interest public interest

9. Councillors have an important role
• Strategic leadership:– setting the vision and
direction
• Plan making: councillors try to reflect local
values and priorities in the policies
• Ward level: representing local views
• Neighbourhood planning – link between
community and the council, involved in local
decisions on spending

10. Councillors have an important role
• Development Management
– involvement with the community and
developers at an early stage
–Raising areas of concern
– Informed debate
–Wide range of issues and material
considerations to balance
–Making the right decision (not always the
easiest)

11. Standards in planning are important
• Planning manages the right to develop land
• It involves balancing private and public interests
• Getting it wrong is costly (time, money, reputation
and long lasting impacts)
• Need to demonstrate, at all times:
– Fairness
– Openness
– impartiality

12. Legislation and Policy
• The Planning Acts and Statutory Instruments
• The National Planning Policy Framework
(NPPF)
• The Development Plan
- - Local Plans and other development plan
documents
- Neighbourhood Plans

13. National Planning Policy Framework
(NPPF)
• Bringing together all the existing policy into
one policy document
• Pro-growth
• Golden thread - presumption
• Plan-led system

14. NPPF: purpose of the planning
system
• the NPPF emphasises the positive, rather
than the controlling or regulatory, side of
planning, to contribute to the achievement of
sustainable development
• Plans and decisions should be based on the
real world e.g. a sound “evidence base”, an
understanding of economic viability etc.
• 3 mutually dependent elements:
- economic, social, environmental

15. NPPF and plan-making
• Local plan must show how objectively assessed
development needs can be met. Not capacity based.
• In a (locally) sustainable way
• Take into account local circumstances and market
signals….to inform judgements about demand
• Only where there would be significant and
demonstrable adverse affects which outweigh the
benefits when assessed against the framework as a
whole – should a development need not be met

16. Strategic Planning and the Duty to
Co-operate
• Many planning issues stretch across
boundaries and need a ‘larger than local’
response
• The duty to co-operate was introduced to
address these issues via the local plan
• Local Plans will be tested against the duty
• Early days: some plans passing this, others
are not.

17. Local plans
• The key to delivering sustainable development
• Be based on evidence
• Aspirational but realistic (deliverable)
• Reflect a collective vision developed through
engagement with local communities
• Set out the strategic priorities for the area
• Positively plan for development and
infrastructure required over a 15 year horizon

18. Neighbourhood plans
• Gives communities power to develop a shared
vision for their neighbourhood
• Prepared by town/parish councils or
neighbourhood forums
• Must be in general conformity with the
strategic policies of the Local Plan
• Should not promote less development than
set out in the Local Plan
• A few plans are close to being ‘adopted’ by
the local authority

19. The development plan is crucial
“If regard is to be had to the development plan for the
purpose of any determination to be made under the
Planning Acts, the determination must be made in
accordance with the plan unless material considerations
indicate otherwise”.
Section 38, Planning & Compulsory Purchase Act 2004
The “primacy” of the Development Plan depends on it
being:
– up to date
– in accord with national planning policies
This is not changed by the Localism Act or the NPPF!

20. In practice
• The NPPF presumption
• Where an adopted (new or old-style) plan is
out of date, or doesn’t reflect the NPPF, the
NPPF will ‘trump’ the adopted plan
• Particularly relevant for housing
• Around half of councils have an adopted plan
in place (July 13)

21. Development Management

22. Development Management
• Pre-application discussions, considering and
determining actual apps, monitoring and
enforcement
• Concentrate on delivery – not control
• Puts plans into action
• Councillor’s role – understanding the policies,
understanding the applications, getting
engaged, liaising with the community,
considering, deciding, reviewing

23. What is development?
Town and Country Planning Act 1990 s55
except where the context otherwise requires-
“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”

24. Development?
• Is there a material change to the external
appearance of the building, or a material
change of use?
• If yes, then it is development needing planning
permission
• But some things are ‘permitted development’
and don’t need planning permission from you
• Granted nationally by General Permitted
Development Order or Use Classes Order

25. Examples of Permitted development
• minor house extensions, walls and fences,
garages etc.
• temporary buildings and use
• agricultural buildings and operations
• some “acceptable” material changes of use
• minor works by statutory undertakers

26. Change of use
• a few specific changes are defined in the Act as always
“material”, eg the subdivision of a single dwelling house
• otherwise there is no statutory definition; extensive
decisions of the courts have established various tests
and principles
• secondary legislation has established broad “use
classes”; changes of use within these classes are not
development and so do not need planning permission
NB: a change between classes does not automatically
mean there will be a material change of use

27. Consultation and notification on
applications
• Statutory consultation
• Town & Parish Councils
• Non-statutory consultation
• Neighbour notification
• Community engagement

28. Development Management - taking
decisions

29. Delegated and committee decisions
• Delegation procedures aim to ensure that the
Planning Committee only considers the most
significant or contentious applications
• Aim for at least 90% of decisions delegated
• Referral to committee
• Time and resources
• Costs of committee decisions
• Local democracy

30. NPPF and decision making
• Local planning authorities should:
– approve development proposals that accord
with statutory plans without delay; and
– grant permission where the plan is absent, silent,
indeterminate or where relevant policies are out of
date…………………..unless
–….adverse impacts of allowing development
would significantly and demonstrably outweigh
the benefits, when assessed against the policies
in the Framework taken as a whole

31. Making a decision
• Start with the development plan policies
• Take into account other material
considerations, including:
• National policy
• Other council strategies
• Context and merits of the particular application
• Technical consideration
• Consultees views on planning aspects
• Other material planning matters
• Come to a view

32. Material considerations include…
• Financial considerations
• Overlooking/loss of privacy
• Loss of light or
overshadowing
• Parking, highway safety and
traffic
• Noise
• Effect on listed building and
conservation area
• Layout and density of
building
• Design, appearance and
materials
• Disabled person’s access
• Nature conservation
• Previous planning decisions

33. Non material considerations
Matters that should not be taken into account in
deciding planning applications include:
• Loss of view
• Negative effect on the value of properties
• Land ownership or restrictive covenants
• Applicant’s personal circumstances (unless exceptional such
as relating to a physical disability)
• Business competition
• Matters controlled under building regulations or other non-planning
legislation

34. The Development Plan
Section 38 of the Planning & Compulsory
Purchase Act 2004:
‘If regard is to be had to the development plan
for the purpose of any determination to be
made under the planning Acts, the
determination is to be made in accordance
with the plan unless material considerations
indicate otherwise’

35. The Development Plan again
• Policies can be interpreted differently
• Some policies conflict with each other
• And decisions can seem to conflict the with
plan
• You can make these decisions provided that it
is based on the merits of the case, in the light
of all other material considerations

36. The decision
• Grant planning permission
- subject to conditions
- subject to planning obligations
• Special types of approval or consent e.g. prior
approval, listed building consent, conservation
area consent
• Refuse planning permission (or prior approval,
LBC, CAC etc)

37. Refusals
• must be lawful
• must be justified by reasons, based on the
Development Plan and any other material
considerations in the case
• may be subject to appeal, so reasons should at
least be defensible and based on credible
evidence
• unreasonable or invalid refusals may result in
cost awards against the council; but considered
decisions properly defended will not, even if lost
at appeal

38. Approvals
• must be lawful
• justification should be clearly minuted if different
from officer report/recommendation
• should include a statement relating to
development plan policies
• usually subject to conditions - with reasons
which pass the tests in Circular 11/95 (this will
be the issue if there is an appeal against any of
them)

39. Being effective at Committee
• Be prepared
• Be focused:
• focus on the precise points where you agree or
disagree with officer assessment
• Know your policies
• Stick to policies and material considerations
• Ensure your points are valid in planning law (take advice
in advance if necessary)
• be aware of the need for probity and the public
perception of your actions

40. Appeals
• against a refusal
• against a condition on permission
• against an enforcement notice
• against failure to determine within the
statutory period

41. Assessing an appeal
• written representations
• public hearings
• public inquiries
• much-simplified process for householder cases
• Councillors can be involved, but take guidance
from officers

42. Award of costs
• one of the parties must seek an award – it’s not
automatic
• rights apply to authorities, appellants and the
Inspectorate (or Secretary of State)
• it can be for full or partial costs (you can actually “win”
the appeal and still have costs against you)
• the other party must have behaved unreasonably,
causing unnecessary expense or delay

43. Developer contributions: S106 and
Community Infrastructure Levy
• S106 obligations – site specific, includes affordable housing,
negotiated and agreed
• CIL is set out, and fixed, in a charging schedule
• The aim of CIL is to help pay for infrastructure needed to
support new development but not to remedy existing
deficiencies unless the new scheme will make it worse.
• Councils must spend the income on infrastructure – but you
can decide what (and that can change over time).
• Rates can vary by geographic area, use, and size
• CIL applies to all permitted development above 100 sqm from
April this year.

44. CIL and Neighbourhood Planning

45. Enforcement 1
• Discretionary
• Act proportionately in responding to suspected
breaches of planning control
• Publish an Enforcement Plan
• Works without permission not an offence
• Legal notices
• Other action

46. Enforcement 2
Options available:
•Submit a retrospective application
•Submit a Certificate of Lawfulness application
•Negotiations between the alleged offender and
Council officers
•Enforcement appeal

47. Behaviour - Rules and Codes
• Nolan Report (Standards in public life) 1997
• Local Government Act 2000
• Local Authorities (Model Code of Conduct)
(England) Order 2007
• Local codes for planning
• Killian & Pretty – role of councillors
• Localism Act 2011
• Probity in Planning 2013

48. Councillor conduct and role
• As a Ward Councillor…
…you can support or oppose an application and
represent the views of your constituents
• As a Planning Committee Member…
…you still can, but you must still retain an open
minded disposition; if not it could compromise your
(impartial) role on the committee.
‘Avoid favouring a person, company, group or locality
or putting yourself in a position where you appear to
do so’
• Applies to policy making as well

49. What’s changed?
Localism Act – section 25
• Makes it clear that councillors are entitled to
campaign on issues, express views etc. without
disqualifying themselves from decision-making
PROVIDED you can demonstrate absence of
"bias" or "predetermination”.

50. To close
• Feedback forms
• Follow up impact assessment
• Use our website/forums
• Newsletter
• Keep in touch

52. Contact PAS
email pas@local.gov.uk
web www.pas.gov.uk
phone 020 7664 3000