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England: The Planning System
- 1. AUTHORS: JUAN GARCIA RYAN CHERRINGTON LEE McMELLON
- 2. UNDERSTANDING OF THE PLANNING SYSTEM HOW HIGHWAYS TEAM FITS INTO IT SECTION 106S/38S/278S SCOPE OF THIS PRESENTATION
- 3. INDEX What is planning? Planning legislation and policy Development management Section 278s/38s Section 106s
- 6. LEGISLATION, POLICY AND GUIDANCE
- 7. National policy National Policy Statements National Planning Policy Framework (NPPF) Local policy Local Plan Local Development Framework Neighbourhood policies Neighbourhood Plans LEGISLATION, POLICY AND GUIDANCE
- 8. National Planning Policy Framework (NPPF) Government Planning Policy Government’s planning policies for England and how these should be applied Covers all national planning issues Planning for waste / Mineral extraction Local Planning policies / Planning Application Development Plan
- 9. LOCAL PLANNING Two main aspects: Writing and implementing a plan Dealing with planning Application Greater Manchester (10 MDC) GMCA
- 10. Vision Strategic objectives Delivery Strategy Managing and monitoring How much development should there be? Where should development go? When should development happen? By what means will the development be delivered? LOCAL PLANNING Producing the Local Plan What should a plan contain?:
- 11. National Planning policies and guidance Local Development Framework Minerals and Waste Development Framework Supplementary Planning Documents (SPDs) Core Strategy Site Allocations Development Management Policies Area Action Plan Proposals Map Neighbourhood Plans LOCAL PLAN LOCAL PLANNING
- 12. NEIGHBOURHOOD PLANS Give communities power Prepared by Town/parish councils or neighbourhood forums Conformity with the strategic policies of the local plan Vote by the local community in a referendum
- 13. 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” DEVELOPMENT
- 14. DEVELOPMENT PLAN Crucial tool in planning Planning Permission in accordance Up to date In accord with Nacional Policies
- 15. Development Plan Documents (DPDs) Local Planning Authorities Local Development Framework Local Development Framework Unitary Development Plan (UDP) Core Strategy DEVELOPMENT PLAN
- 16. Planning Permission Planning Application Local planning Authority General Permitted Development DEVELOPMENT MANGEMENT
- 17. The Town and Country Planning ( "GPDO 2015" ) The 8 classes of Schedule 2 Part 1 ( A to H ) Examples of Permitted Development some house extensions, walls and fences, garages etc. temporary buildings and use agricultural buildings and operations some changes of use minor works by statutory undertakers Planning Conditions Planning Appeals GENERAL PERMITTED DEVELOPMENT ORDER
- 19. What is a Section 278 Agreement? It is an element that forms the Highways Act 1980 It’s an agreement between the Local Highways Authority (MCC) and the Developer who wants to make highway improvements to a public highway The Highway Authority must be satisfied
- 20. What is a Simple Section 278 Agreement? A Simplified Section 278 Typically used for smaller highway schemes. Conditions that need to be met for a Simple Section 278 Agreement: Value of works < £40,000 The applicant can and will offer a Cash Bond The works involve no TRO’s Standard Materials
- 21. What is a Section 38? When a developer doesn’t wish to repair and maintain a highway which was associated with a development The highways authority will adopt that highway through a section 38 agreement Typically 12 month period until adoption from works being completed
- 22. What is a Section 38/278 Agreement? When a development needs highway improvements on existing public highways New road built that will require adoption Then a hybrid of each section agreement is needed.
- 23. What are other key elements to section 278 and/or section 38 agreements? The consent of the owner of the land The inspection fee and legal fees The Statutory Undertakers’ consent Safety Audits 1 and 2 Insurance Policy for Public Liability Notifying GMRAPS A Surety or a Cash Bond Commuted Sums
- 24. Cash Bonds, Sureties and Commuted Sums Following and application under Section 278/38 of the highways act 1980, the council will require the involvement of a surety or the payment of a cash bond This is required to guarantee the performance of all the works subject to an agreement
- 25. Sureties Sureties should be members of the Institute of British Insurers MCC can ask for further evidence with regards to the Sureties’ turnover, income etc A Surety may be declined in cases of doubt
- 26. Cash Bond A cash bond can be offered instead of a Surety, when: A Simple Section 278 Agreement is concerned The applicant, with the council’s approval, opts to do so The Council is declining to accept a proposed Surety Any Cash Bond should be at minimum, the amount of the estimated value of the proposed works. Cash Bonds are kept in a separate account and returned in full upon the council’s satisfaction under the agreed terms.
- 27. Commuted Sums A Commuted Sum payment is when future maintenance work will be required on adopted highways that is above normal standards of maintenance Examples: Infiltration drainage systems, Structures, Ornamental street lighting columns, soft landscaping etc.
- 30. Section 106 Town & Country Planning Act 1990. Important Role When it comes to Planning Demand from the local Authority
- 31. Section 106 Covers… Public Open Spaces Affordable Housing Education Highways Town Centre improvements Health
- 32. Sections 106s in terms of highways They are also referred to as ‘highway contributions’ Community Infrastructure Legislation (CIL) National Planning Policy Framework (NPPF) – Policy Test
- 33. Who manages a section 106 agreement? Preparation of 106’s Section 106’s monitoring officers The head of Planning
- 34. Section 106 Agreements Commercial Residential
- 35. Section 106 Demands Enhance to the community Generate money for the local area Redevelop the local area.
- 36. Information on 106’s agreements Obtained from the MCC website Supplementary Planning Document (SPD). Guide to Develop Manchester Sustainability appraisal report Consultation Statement Adoption Statement
- 37. Typical Developer - Summary of performance for 2018.
- 38. Consultancies for 106’s agreements Developers employ consultant
Editor's Notes
- Today we are going to talk about something that I am sure you all know more than us as I said if you think there is something wrong in what I am saying, you have something to add or simply you don’t understand me fell free to stop me please . Well The England Planning System is a huge field which involves a lot of legislations, institutions and people with different duties and responsibilities in the whole country so we all take part on it.
- So in this presentation we are going to focus on trying to explain the general structure of the planning system….etc.
- Here we can see the Index of the presentation, I am going to talk about…Ryan is gonna explain… and finaly Lee will talk about..
- Thinking about planning in general, Planning is about big things. It is about sustainable development – balancing the economic, environmental and social impacts of new development. Planning is not just about dealing with planning applications; the plan you have, and the decisions then made on applications, will impact on housing, job creation, climate change, investment, infrastructure and the quality of people’s lives. Among other things planning sets out a long term vision for places
- Planning today has two main purposes. The first is the long-standing one of regulating the development and use of land in the public interest. The second is to contribute to the achievement of sustainable development Development in the right place at the right time as well as what protect (in terms of nature/historic environment) Manchester is a growing city with corporate strategies and vision to achieve so that we need more infrastructures we need to build and its not an easy task to do it ensuring sustainability
- As you can see in this top-down diagram There is a legal and policy framework which makes clear that planning is policy led
- Town planning is administered through a combination of central and local government. Following national policies, through Local Plans, Development frameworks and Neighbourhood plans etc as we will see next There is one not longer in places Regional Strategy is not longer in places. Have a guess
- The National Planning Policy Framework sets out the Government’s planning policies for England and how these should be applied This covers all national planning issues, except planning for waste and some parts of planning for minerals extraction which is not completely covered by NPPF.(QUESTION) It also Sets out what strategic priorities should be in a Local Plan. All local planning policies and decisions on planning applications must take into account what the NPPF says about different types of land. As well as in preparing the development plan
- Talking about LP There are two main aspects to planning in local government : Writing and implementing a plan, and dealing with planning applications Decisions made on planning applications must be made on the most up to date planning policy for that area In the absence of an up-to-date Local Plan it is the NPPF that now carries the most weight. As we can see in this picture Manchester local government planning functions are carried out by the 10 metropolitan district councils. GMCA Greater Manchester combine authority
- Producing the Local Plan is done by the local planning authority but in collaboration with local communities, developers, landowners and other interested parties. Local Plans are the Key documents, and I say Documents because in our case the Local plan is a combination of several documents as we will see next, in which local planning authorities can set out a vision, priorities and framework for the future development of the area Answering those question in order to form the local plan are the key to delivering sustainable development
- This is a diagram about the structure of the local planning framework It shows how the various documents fit together Here we can see how the local plan is a group DPD Development plan document within the LPF local development framework Not all are required for example SPDs should only be produced where absolutely necessary. And we can see that there is and independent policy for waste and minerals Manchester do not have a local plan itself is a combination of DEVELOPMENT PLAN DOCUMENTS
- Gives communities power to develop a shared vision for their neighbourhood Prepared by town/parish councils or neighbourhood forums and will have statutory status Neighbourhood plans are prepared by the community – not the council. 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 All neighbourhood plans and orders are subject to an independent examination and a vote by the local community in a referendum
- The development plan is a crucial tool in planning Planning law requires that applications for planning permission must be determined in accordance with the development plan The “primacy” of the Development Plan depends on it being: up to date in accord with national planning policies
- Manchester’s development plan will consist of Development Plan Documents Development Plan Documents (prepared by Local Planning Authorities such as district councils and unitary authorities)are what we call Local plan and its part of the Local Development Framework. The Unitary Development Plan for the City of Manchester (the UDP) was adopted by the Council on 21 July 1995 as the statutory document which set out guidelines for all development in Manchester and provided a framework from which to base decisions about planning applications. However, Manchester &apos;s Core Strategy was adopted on 11 July 2012 which is the key Development Plan Document in the Local Development Framework (LDF). It replaces significant elements of the UDP as the document that sets out the long ter Development Plan Documents (DPDs) –can include:- Core Strategy Area Action Plans (if there is a need) Site Specific Allocations (if there is a need) Proposals Map
- Talking about Obtaining planning permission If a planning application is required, the local planning authority is generally responsible for making a decision on the proposal in the first instance. Most forms of development require the prior approval of the local planning authority. However, there are general development orders which grant permission for specified minor works which would otherwise count as development, such as minor house extensions or micro renewable energy installations These are known as General Permitted Development.
- The Town and Country Planning (General Permitted Development) (England) Order 2015 (the &quot;GPDO 2015&quot;) is a statutory instrument, applying in England, specifies the classes of development for which planning permission is granted, and specifies the exceptions, limitations, and conditions that apply to some of these classes It is splited in 8 classes from A to H Planning permissions will normally be accompanied by conditions Planning Conditions Planning permission can be granted subject to conditions; Conditions can regulate a development (e.g. days/hours of use) or require further detail for approval (e.g. finished materials, landscaping, drainage); Planning permission must not be refused if conditions can mitigate the harm identified by the proposed development (no matter how many conditions may be required); Government tests for imposing conditions are: –Necessary – refuse without, required by policy –Relevant to planning – matters of non-planning legislation –Relevant to the development permitted – cannot remedy current issues or problems –Enforceable – must be possible/practical to detect a breach –Precise – clear about what is required and include triggers for action –Reasonable in all other respects Officers have a list of ‘standard’ conditions imposed on permissions Planning appeals An unsuccessful applicant has a right of appeal. Within the four countries that would be to the Planning Inspectorate for England and Wales, Planning Appeals Commission in Northern Ireland or the Directorate for Planning and Environmental Appeals at the Scottish Government. While most such appeals are against the refusal of planning permission, it is also possible to appeal against the conditions that are attached to a permission, and where the planning authority has failed to give a decision within the prescribed period (usually 8 weeks in England and Wales, or two months in Scotland). In England and Wales, most decisions are made by independent planning inspectors within the Planning Inspectorate. However, where a proposed development is deemed to be of major importance, it may be ‘recovered’ for determination by the Secretary of State or the Welsh Ministers (in Wales) who will consider a recommendation from an Inspector. Most appeals are considered through written representations. However, there is also provision for evidence to be heard, either through a full inquiry involving cross examination by advocates or through a hearing where the inspector is responsible for conducting a structured discussion on issues that are likely to stem from the Council’s decision. Similarly, most appeal decisions in Scotland are made by reporters in the Directorate of Planning and Environmental Appeals. A small number may be ‘recalled’ for decision by the Scottish Ministers. The three methods of written submissions, hearings and inquiry sessions are also used in Scotland. The Planning Inspectorate received some 23,800 planning appeals during 2006/7 in respect of England and Wales. About one third of those appeals were successful. In Scotland, the Directorate of Planning and Environmental Appeals received 1363 appeals during 2006/7, while in Northern Ireland the PAC received 2765. All planning decisions can be challenged in the courts, either on procedural grounds or by judicial review of the reasonableness of the decision. Planning Appeals Applicants have a right of appeal against refusal of permission, conditions or non-determination. •Appeals are heard by way of written representations, informal hearing or public inquiry. •Appeals are determined by an Inspector appointed by the Secretary of State. •The Planning Inspectorate in Bristol administers the appeals process. •The Inspector will determine the appeal based on the proposal considered by the council and any comments made. •The Appellant and LPA submits a statement of evidence to support their cases, and third parties can make further representations. •Each party is expected to meet their own costs; •A party’s appeal costs can, however, be awarded by an Inspector where there has been unreasonable behaviour Planning enforcement The Localism Act 2011 gave new powers to local planning authorities by extending the time available to them to investigate cases where unauthorised development has been deliberately concealed. Planning appeals, ‘recovery’ and ‘call-in’ Planning appeals If a local planning authority refuses to give planning permission, or grants it subject to conditions, or fails to deal with an application within statutory time limits, the applicant has a right to appeal to the Secretary of State via the Planning Inspectorate. Recovery Planning appeals can be ‘recovered’ from the Planning Inspectorate by the Secretary of State for his own determination. The Secretary of State will then make a decision-taking into account the inspector’s assessment of the proposals. Call-in The Secretary of State also has the power to take over particular planning applications rather than letting the local planning authority decide The inspector will then report with their recommendation to the Secretary of State who will make a decision on the proposal, in much the same way as a recovered planning appeal.
- Any questions or comments ?????
- Used for : Roundabouts. Priority junctions. Junctions with traffic lights Right turn lanes. Improved facilities for pedestrians and cyclists. Improvements to existing junctions. Traffic calming measures The agreement may include: Details of the relevant planning permission The agreed design Details of any bond required. Details of who will design and manage the works The programme for the works Provision for inspection and certification of the works Costs
- It is a Section 278 agreement that has been simplified for administrative purposes. Section 278 with aspects that don’t apply Streamlines the process Also criteria that needs to be met: No matters (In the opinion of MCC) that require the works to be processed as Section38/278 application. No alterations to traffic signals needed All works, including visibility splays are within the existing highway No structures or items subject to a Commuted Sum
- The Section 38 Agreement may contain: Details of the relevant planning permission Drawings indicating the extent of the area to be adopted Provision for land dedication. Technical drawings of the works A programme for the works and for the adoption. Provision for inspection and certification of the works Agreement regarding the adoption, or not, of supporting structures
- The inspection fee and legal fee covers, checking and approving the designs; inspecting the works on site whilst under construction until completion and adoption; designing, drafting and processing any TRO’s required. A non refundable deposit of £3,000 or £1,500 for a simple agreement is to be paid. The charges are drawn down and upon 20% remaining a monthly invoice will be issued. The statutory undertakers consent: Required if any of the statutory undertakers’ plants or apparatus is affected by the works. If the search shows the scheme is in the proximity of 33kV cable the cable watch needs to be contacted before any work commences Safety Audits 1 and 2: Used to certify that the new road works are safe to be used by the public and prepared in accordance with the DoT road traffic audit standard HD 19/15. Insurance policy for public liability: £10 million, typically for if a fatality occurs on site or any claim brought forward is honoured and paid. Notifying GMRAPS: Greater Manchester Road Activities Permit Scheme before commencing any works. They ensure that no major delays or disruptions are caused to the network due to works. Traffic management plans need to be submitted and MCC can do this as part of the administration fee. A surety or a cash bond : Required by the highways authority to guarantee the performance of the works. Commuted Sums: Required for the future maintenance of the works of the materials used above standard materials Other Key Elements: Planning Permission: required for such works and initial informal discussions should be held with the planning department The extent of the improvement works on existing highways: Drawings need to be submitted, and if the works need to be broken up into different parts Other Structures to be placed on the Highway: ie boundary walls. Developers are advised to inform as early as possible about the form, materials used and location of the new structure TRO’s: To manage the traffic before, during and after the works are completed. This includes temporary or permanent orders. The highways authority will advise on any TRO’s required and the cost of making a TRO is part of the Inspection Fee Street lighting and illuminated equipment: Maintained using a private finance initiative contract by AMEY. Options for street lighting designs approved, either commission AMEY to complete the works or provide your own designs to AMEY for approval. Drains and Sewers’ adoption Agreements: Required mainly when new roads are constructed
- In addition to the works themselves, the developer may be required to pay costs associated with: Making the agreement Agreeing the scheme for the works Permissions associated with the works Land acquisition associated with the works. Administrative expenses incurred by the highway authority Maintenance of the works (commuted sums)
- Put simply, it is an agreement forms part of the Town and Country Planning Act 1990 Although it isn’t the largest section of the Act, it does play an important role when it comes to planning law. It is a demand by the local planning authority for a property developer to offer something to the local community that will enhance and aid the local area in return for the granting of planning permission for their development.
- Planning obligations under Section 106 of the Town and Country Planning Act 1990 (as amended), commonly known as s106 agreements, are a mechanism which make a development proposal acceptable in planning terms, that would not otherwise be acceptable. They are focused on site specific mitigation of the impact of development. S106 agreements are often referred to as &apos;developer contributions&apos; along with highway contributions and the Community Infrastructure Levy. The legal tests for when you can use a s106 agreement are set out in regulation 122 and 123 of the Community Infrastructure Levy Regulations 2010 as amended. Click here to go to our CIL legislation page. National Planning Policy Framework (NPPF) – Policy Tests As well as the legal tests, the policy tests are contained in the National Planning Policy Framework ( NPPF): &quot;203. Local planning authorities should consider whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations. Planning obligations should only be used where it is not possible to address unacceptable impacts through a planning condition. 204. Planning obligations should only be sought where they meet all of the following tests: necessary to make the development acceptable in planning terms directly related to the development; and fairly and reasonably related in scale and kind to the development.&quot;
- The head of planning / 106’s monitoring officers has the responsibility for ensuring that all agreements are completed prior to the proposed works are commenced. Preparation of 106’s content agreement is agreed through the consultation period of the planning application with the relevant parties and planning officers. 106’s are prepared by the council’s solicitors and the application will be required to pay the solicitor’s fees excluding VAT. Monitoring The Head of Planning/ S106 Monitoring Officer has the responsibility for ensuring that all agreements are completed prior to the proposed works commencing. You should notify us when you are about to commence works so that we can then calculate the contribution fee required. Once the contribution has been received we will monitor the council&apos;s spending of this money to ensure that it is used for the correct purpose.Please note that the Monitoring Fees are payable at the time the S106 Legal Agreement is signed. Smaller developments If the proposal is for a minor development you have the option of completing a Unilateral Undertaking instead of a full S106 Legal Agreement. Spending of the contributions Our quarterly report shows you how and where contributions have been spent:- Section 106 Financial Report - As at June 2019 Useful documents and links Guidance on Unilateral Undertakings Monitoring Fees examples
- 106 agreements can only apply to commercial and residential development projects. Local planning authorities know that if a property developer can acquire land or property that comes with the benefit of planning permission for a redevelopment, or that they plan to make good use of the land, then the developer will be able to make between five-to-ten times more than the value of a similar development site or property which doesn’t come with planning consent. Because of the substantial profit uplift attached to the granting of planning permission, local planning authorities believe that the local community should also benefit, not just the property developer and that it is only fair that the developer gives something back to the local community. Section 106 agreements can apply to both commercial and residential development projects and previously, property developers felt they were being blackmailed and many spoke of how they could be refused planning consent if they did not comply with the local authorities suggested financial or community works contributions. According to the law however, money should not come into the equation and planning decisions should be based purely on whether the development benefits the local area. If it does benefit the area and falls within the planning authorities guidelines, then planning permission should be granted, if it doesn’t bode well for the surrounding area, permission should not be given… it’s as simple as that.
- The Guide to Development in Manchester - Supplementary Planning Document and Planning Guidance (SPD) was officially adopted on 11 April 2007. The Guide is a refreshed and updated version of the original Guide to Development in Manchester that was published in 1997 and was hailed as a major success. The Guide to Development in Manchester - Supplementary Planning Document and Planning Guidance and its associated documents can be viewed, or a copy downloaded, by following the links below:- Guide to Development in Manchester - Supplementary Planning Document and Planning Guidance (SPD) Guide to Development in Manchester SPD - Sustainability Appraisal Report Guide to Development in Manchester SPD - Consultation Statement Guide to Development in Manchester SPD - Consultation Statement Appendix 1 Detailed Responses Guide to Development in Manchester SPD - Consultation Statement Appendix 2 Representors Guide to Development in Manchester SPD - Adoption Statement
- A typical developer buys land with and without the benefit of detailed planning permission. Where sites are progressed through the planning process, we work closely with both local councils and the local residents to arrive at a scheme that is beneficial to the community, whilst at the same time preserves or enhances the local environment. It can be seen from the red circle highlighting the value of money a typical developer has spent in relation to highway improvements through a section 106 agreement.
- Any questions or comments ?????