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.

1. Making planning
applications under the
Localism Act
Graham Gover

2. PART 1
Neighbourhood Planning
and the NPPF

3. Development plan, s38
(3) For the purposes of any area [outside of
Greater London] the development plan is
(a) the regional strategy for the region in
which the area is situated, and
(b) the development plan documents (taken
as a whole) which have been adopted or
approved for that area

4. Development plan, s38
(3) For the purposes of any area [outside of
Greater London] the development plan is
(...a) the regional strategy for the region in
which the area is situated, and
(b) the development plan documents (taken
as a whole) which have been adopted or
approved for that area, and
(c) the neighbourhood development plans
which have been made in relation to that
area

5. Neighbourhood Plan
“A neighbourhood development plan is a
plan which sets out policies in relation to the
development and use of land in the whole or
any part of a particular neighbourhood area
specified in the plan” new s38A

6. 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

7. 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

8. Neighbourhood plans

9. Neighbourhood plans
“Planning is simply
about where stuff goes”

10. Neighbourhood plans
“Planning is simply
about where stuff goes”
“Does planning have to
be off-putting?”

11. 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...”

12. Neighbourhood plans

13. Neighbourhood plans
Key:
Green - 1st wave
Pink - 2nd wave
Blue - 3rd wave
Yellow- 3rd wave
covering multiple areas
Red - part of 4th wave

14. Neighbourhood plans

15. Neighbourhood plans
Key:
Green - 1st wave
Lynton, Dawlish
Blue - 3rd wave
Brixham
Red - part of 4th wave
St. James, Exeter

20. Procedures

21. Procedures
Town or Parish Councils or Neighbourhood Forums
Council to approve Neighbourhood area
Plans formulated, council duty to provide support
Independent examination - conformity check
Local referendum - 50% of those voting
Adoption of Neighbourhood Plan by council

22. Procedures
Town or Parish Councils or Neighbourhood Forums
Council to approve Neighbourhood area
Plans formulated, council duty to provide support
Independent examination - conformity check
Local referendum - 50% of those voting
Adoption of Neighbourhood Plan by council

23. Procedures
Town or Parish Councils or Neighbourhood Forums
Council to approve Neighbourhood area
Plans formulated, council duty to provide support
Independent examination - conformity check
Local referendum - 50% of those voting
Adoption of Neighbourhood Plan by council

24. Procedures
Town or Parish Councils or Neighbourhood Forums
Council to approve Neighbourhood area
Plans formulated, council duty to provide support
Independent examination - conformity check
Local referendum - 50% of those voting
Adoption of Neighbourhood Plan by council

25. Procedures
Town or Parish Councils or Neighbourhood Forums
Council to approve Neighbourhood area
Plans formulated, council duty to provide support
Independent examination - conformity check
Local referendum - 50% of those voting
Adoption of Neighbourhood Plan by council

26. Procedures
Town or Parish Councils or Neighbourhood Forums
Council to approve Neighbourhood area
Plans formulated, council duty to provide support
Independent examination - conformity check
Local referendum - 50% of those voting
Adoption of Neighbourhood Plan by council

27. 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

28. 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

29. 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

30. 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

31. 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

32. 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

33. 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

34. 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

35. 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

36. 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

37. 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

38. Neighbourhood Orders
Parish or Town Councils, or Neighbourhood
Forum again initiate the process
An order which grants planning permission
in a neighbourhood area for development or
of any class of development specified in the
order
Granted unconditionally, conditionally or
subject to limitations

39. Procedures
Initiative by PC, TC, NF
Advice and assistance by council
Consideration by council
Independent examination, recommendations made
Consideration by council of recommendations
Local referendum - 50% of those voting

40. Procedures
Initiative by PC, TC, NF
Advice and assistance by council
Consideration by council
Independent examination, recommendations made
Consideration by council of recommendations
Local referendum - 50% of those voting

41. Procedures
Initiative by PC, TC, NF
Advice and assistance by council
Consideration by council
Independent examination, recommendations made
Consideration by council of recommendations
Local referendum - 50% of those voting

42. Procedures
Initiative by PC, TC, NF
Advice and assistance by council
Consideration by council
Independent examination, recommendations made
Consideration by council of recommendations
Local referendum - 50% of those voting

43. Procedures
Initiative by PC, TC, NF
Advice and assistance by council
Consideration by council
Independent examination, recommendations made
Consideration by council of recommendations
Local referendum - 50% of those voting

44. Procedures
Initiative by PC, TC, NF
Advice and assistance by council
Consideration by council
Independent examination, recommendations made
Consideration by council of recommendations
Local referendum - 50% of those voting

45. National Planning Policy
Where are we now?

46. National Planning Policy
Where are we now?
Consultation document issued 25 July 2011
Consultation closed 17 October 2011
Publication date not yet announced
Possibly April 2012

47. National Planning Policy
What is it?

48. National Planning Policy
What is it?
“The Framework will replace the current suite of national
Planning Policy Statements, Planning Policy Guidance notes
and some Circulars with a single, streamlined document.”

49. National Planning Policy
What is it?
“The Framework will replace the current suite of national
Planning Policy Statements, Planning Policy Guidance notes
and some Circulars with a single, streamlined document.”
“The Framework condenses the near 900,000 words of
national planning policies (over 1,000 pages) into a user-
friendly and accessible document which can be understood
and used by everybody who has an interest in shaping the
development of their area.”

50. NPPF outline

51. NPPF outline
Delivering sustainable development
Plan-making
Development management
Planning for prosperity (economic role)
• business and economic development
• transport
• community infrastructure
• minerals

52. NPPF outline

53. NPPF outline
Planning for people (social role)
• housing
• design
• sustainable communities
• green belt
Planning for places (environmental role)
• climate change
• natural environment
• historic environment

54. Key concept

55. 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.”

56. Key concept

57. Key concept
“All plans should be based upon and contain
the presumption in favour of sustainable
development as their starting point, with
clear policies that will guide how the
presumption will be applied locally.”

58. Key concept

59. 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.”

60. But what is it?

61. But what is it?
“Sustainable development means development that
meets the needs of the present without compromising
the ability of future generations to meet their own needs.
It is central to the economic, environmental and social
success of the country and is the core principle
underpinning planning. Simply stated, the principle
recognises the importance of ensuring that all people
should be able to satisfy their basic needs and enjoy a
better quality of life, both now and in the future.”
Paragraph 8

62. But what is it?

63. 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

64. 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

65. Post NPPF and pre-plan
“Local authorities should ... grant permission
where the [local] plan is absent, silent,
indeterminate or where relevant policies are
out of date.”
“In the absence of an up-to-date plan,
planning applications should be determined
in accord with this Framework...It will be
open to local planning authorities to seek a
certificate of conformity with the
Framework.”

66. PART 2
CILs and the Duty to Consult

67. Why is it needed?

68. Why is it needed?
Problems with s106 obligations:

69. Why is it needed?
Problems with s106 obligations:
• do not provide for incremental effects
of development

70. Why is it needed?
Problems with s106 obligations:
• do not provide for incremental effects
of development
• major developments bear costs
disproportionately

71. 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

72. Why is it needed?

73. Why is it needed?
• inconsistency between LPAs

74. Why is it needed?
• inconsistency between LPAs
• can lead to the notion that permissions
are bought and sold

75. 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

76. 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

77. What is infrastructure?
Includes:
• roads and other transport facilities
• flood defences
• schools and other educational facilities
• sporting and recreational facilities
• open spaces

78. What is CIL liable development?

79. What is CIL liable development?
Generally: buildings permitted through
some form of planning permission, except

80. What is CIL liable development?
Generally: buildings permitted through
some form of planning permission, except
• a building into which people do not
normally go

81. What is CIL liable development?
Generally: buildings permitted through
some 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

82. Formula

83. Formula
R x A x IP
Ic
where the value of A is
CR x (C-E)
C
or
ZZZZZZZZZZZZZZZZZZZZZZZZZZZ

84. Formula
R x A x IP
Ic
where the value of A is
CR x (C-E)
C
or
ZZZZZZZZZZZZZZZZZZZZZZZZZZZ

85. Formula
R x A x IP
Ic
where the value of A is
CR x (C-E)
C
or
ZZZZZZZZZZZZZZZZZZZZZZZZZZZ

86. Formula
R x A x IP
Ic
where the value of A is
CR x (C-E)
C
or
ZZZZZZZZZZZZZZZZZZZZZZZZZZZ

87. Formula
R x A x IP
Ic
where the value of A is
CR x (C-E)
C
or
ZZZZZZZZZZZZZZZZZZZZZZZZZZZ

88. In plain English...

89. In plain English...
The levy is charged £/m2 of the net
additional increase in floorspace.

90. In plain English...
The levy is charged £/m2 of the net
additional increase in floorspace.
Deduct the floorspace of any building to be
demolished

91. In plain English...
The levy is charged £/m2 of the net
additional increase in floorspace.
Deduct the floorspace of any building to be
demolished
Adjustments made for changes in the Index
between date of permission and the
charging schedule taking effect

92. Various exemptions

93. Various exemptions
• minor development >100 m2 of gross
internal floorspace

94. Various exemptions
• minor development >100 m2 of gross
internal floorspace
• charities

95. Various exemptions
• minor development >100 m2 of gross
internal floorspace
• charities
• social housing

96. Various exemptions
• minor development >100 m2 of gross
internal floorspace
• charities
• social housing
• “exceptional circumstances” only if

97. Various exemptions
• minor development >100 m2 of gross
internal floorspace
• charities
• social housing
• “exceptional circumstances” only if
- s106 exists

98. 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

99. 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

100. Administration

101. Administration
• submit form with planning application

102. Administration
• submit form with planning application
• prior to commencement of development,
serve notice of chargeable development

103. 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

104. 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

105. 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

106. 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

107. 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

108. 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

109. 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

110. 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

111. Who is liable to pay?

112. Who is liable to pay?
• by default, the owner of the land since
that person generally benefits from
increased land values

113. 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

114. 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

115. What if they don’t pay?

116. What if they don’t pay?
• surcharge for failing to assume liability
or serve notice, late payment

117. What if they don’t pay?
• surcharge for failing to assume liability
or serve notice, late payment
• late payment interest

118. 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

119. 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

120. Applying the CIL collected

121. Applying the CIL collected
“A charging authority must apply CIL to
funding to support the development of its
area” Reg 59

122. 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

123. 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

124. 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

125. CIL in Devon

126. 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

127. 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

128. 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

129. Newark and Sherwood DC

130. N & S - commercial
Newark
C1 £0
B1a £0
Other B £20
Retail £125
All other £0

131. N & S - commercial
Newark
C1 £0
B1a £0
Other B £20
Retail £125
All other £0

132. N & S - commercial
Newark
C1 £0
B1a £0
Other B £20
Retail £125
All other £0

133. N & S - commercial
Newark
C1 £0
B1a £0
Other B £20
Retail £125
All other £0

134. N & S - commercial
Newark
C1 £0
B1a £0
Other B £20
Retail £125
All other £0

135. N & S - commercial
Newark
C1 £0
B1a £0
Other B £20
Retail £125
All other £0

136. N & S - residential

137. N & S - residential
1 £0
1 2 £0
3 £45
4 £55
5 £65
6 £75

138. N & S - residential
1 £0
1 2 £0
2 3 £45
4 £55
5 £65
6 £75

139. N & S - residential
1 £0
1 2 £0
2 3 3 £45
4 £55
5 £65
3 6 £75

140. N & S - residential
1 £0
1 2 £0
2 3 3 £45
4 4 £55
5 £65
3 6 £75

141. N & S - residential
1 £0
1 2 £0
2 3 3 £45
4 4 £55
5 £65
5
3 6 £75

142. N & S - residential
1 £0
1 2 £0
2 3 3 £45
4 4 £55
6
5 £65
5
3 6 £75

143. N & S projects to 2026
28 highway projects
• of which 4, costing £9m, will be 50/50 funded
CIL/public sector
• remainder, costing £11.7m, will be 100% CIL
funded
1 education project
• Newark Secondary School, costing £25m, 100%
CIL funded

144. 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

145. 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

146. 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

147. 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

148. 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

149. Duty to consult
Not all developments are caught:
only where “the proposed development is of
a description specified in a development
order”
Two stages: publicity and consultation

150. 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”

151. 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

152. 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.

153. Consultation
The person must consult each specified
person about the proposed application.
To be specified by a development order

154. 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.

155. 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