A Brief Summary of the Government’s Recent Planning Reforms

1. A Brief Summary of the Government’s Recent Planning Reforms A Presentation to the parish partnership panel 17th May 2012

2. The Government’s Planning Reforms • The Localism Act: Royal Assent on 15th November 2011; 5 Commencement Orders made to April 2012. • National Planning Policy Framework (NPPF): Published/came into force on 27th March 2012 • New Planning Policy for Traveller Sites: Published on 25th March 2012 came into force on the same day as the NPPF.

3. The Localism Act – In brief.. The Act runs to 500 pages and includes 29 main provisions across 4 main headings. 9 provisions relate to planning reform and new powers for local communities. Most of these have now come into force, but some have not been enacted yet and some are awaiting new Regulations to be produced (e.g. For running Referendums)

4. The Localism Act and Planning Reform Strategic level changes: • The Abolition of Regional Spatial Strategies • A new Duty to Co-operate • Dealing with nationally significant infrastructure projects Borough level changes: • Some changes to how local plan’s are made • Changes in the way Community Infrastructure Levy is calculated and used • Some new enforcement rules • New requirements for pre application consultations on large developments New Powers for Local Communities: • Neighbourhood Planning • Neighbourhood Development Orders and Community Right to Build Orders

5. The National Planning Policy Framework The NPPF replaces most of the Government’s planning policy statements and guidance (PPS and PPG); The main 59 page document replaces about 1,000 pages of PPS/PPG, but it is accompanied by a Technical Appendix covering minerals and flooding matters, and the NPPF does not cover waste policy, major infrastructure proposals or Gypsy and Travellers; Many of the Borough Council’s concerns over the draft published in 2011 have been addressed in the final version; The NPPF is now a material consideration in determining planning applications, but the adopted policies in the T&M LDF will continue to carry full weight until at least March of next year; From March 2013 the LDF policies will continue to carry due weight, but this will begin to diminish as the plan gradually becomes more out of date pending the emergence of the new Local Plan policies.

6. The National Planning Policy FrameworkHighlights Presumption in favour of sustainable development; inherent tensions; Plan led approach – reintroduced the importance of Local Plans; Duty to Cooperate – a very significant challenge; Significant weight to support economic growth; Meet full objectively assessed needs for both market and affordable housing; LPAs to identify and update an annual supply of deliverable housing sites sufficient for 5 years supply plus 5% against their housing requirements; An allowance for windfall sites has been reintroduced where it can be justified, but not for garden sites;

7. The National Planning Policy FrameworkHighlights Town Centre First; Employment land – where there is no reasonable prospect of commercial development other uses will be considered favourably; Local Parking Standards – LPAs to consider what is appropriate for their area; Protection for Green Belt retained; Local Plans to be ‘realistic’ and deliverable. Plans will be subject to viability testing; Evidence base to be ‘proportionate’.

8. Planning Policy for Traveller Sites The Policy came into force on the same day as the NPPF; The intention is to incorporate into NPPF in due course; A new definition encapsulates all previous groups; More discretion for Local Authorities to decide how they assess accommodation needs and plan to meet those needs; But pressure on LPAs to do so positively; Clearer policy position on sites in in the green belt; Requirement for identifying 5 years supply of sites similar to that for housing; range of choice in sites emphasised; Does little to address tensions, but expects the aspirations of settled and traveller communities to be addressed; Emphasis on collaboration with neighbouring LPAs in accordance with the Duty to Cooperate

9. The Localism Act and Planning ReformNew Powers for Local Communities • Neighbourhood Planning • The Localism Act and the NPPF introduce new powers for local communities (through either a Parish or Town Council, or, where neither exists, members of the community can form a Neighbourhood Forum) to prepare Neighbourhood Plans. • Plans can be simple or detailed and (once adopted as part of the development plan) will form the basis for determining planning applications in that area. • They must be in accordance with national planning policy and the strategic elements of the Local Plan and importantly they cannot promote less development than is already set out in the Local Plan. • They must follow similar procedures for preparing local plans and are subject to a local referendum at the end of the process. They will need to secure a simple majority of those voting to proceed to adoption as part of the development plan.

10. The Localism Act and Planning ReformNew Powers for Local Communities The Neighbourhood Planning Process in brief: 1. Establishing a Neighbourhood Forum Potential Neighbourhood Forums (NF) submit a request to the Local Planning Authority (LPA) to be recognised (Parish and Town Councils can apply where they exist or community groups in non-parished areas can apply to become a NF). For non-parished areas the Act stipulates that any group of at least 21 people living or working in an area can apply to become a NF, but only one Forum can be designated for a given area. LPA considers the request and either approves or rejects.

11. The Localism Act and Planning ReformNew Powers for Local Communities The Neighbourhood Planning Process: 2. Designating a Neighbourhood Planning Area NF sends formal request to LPA to designate a NP area (areas must be ‘coherent, consistent and appropriate’). LPA writes to and invites representations from local community. LPA assesses responses and approves/rejects application.

12. The Localism Act and Planning ReformNew Powers for Local Communities The Neighbourhood Planning Process: (3) Preparing a Neighbourhood Plan NF works up plan to pre-submission stage with support from LPA; LPA carries out legal checks and considers whether a Strategic Environmental Assessment or Sustainability Assessment is necessary; NF submits final plan and any supporting evidence to justify all policies and proposals; LPA informs/invites representations from the community; LPA organises independent examination using tests of soundness; LPA uses Examiner’s report to assess plan and rejects or accepts; LPA Informs all stakeholders of outcome; If accepted LPA organises and holds referendum – anyone registered to vote in area will be eligible – a simple majority of those voting will suffice; Subject to referendum, LPA adopts NP as part of development plan.

13. The Localism Act and Planning ReformNew Powers for Local Communities Estimated costs of preparing a Neighbourhood Plan: £20,000-86,000 (DCLG March 2012); More recent estimates suggest costs may be as high as £100,000 (e.g. Thame, Faversham Creek); NFs will have to fund some of the plan making process, for example, public consultations, printing costs and possibly a Strategic Environmental Assessment/Sustainability Appraisal. It will also be necessary to compile an evidence base and other relevant studies to support any policies or site allocations; LPAs have a duty to provide support in plan making and to carry out and pay for the statutory parts of the process (e.g. The examination and referendum), but there is no duty to provide financial assistance; The Government has advised that it will make some financial support available for preparing neighbourhood plans, but it is unclear what would be covered and how long this funding will be available.

14. The Localism Act and Planning ReformNew Powers for Local Communities Neighbourhood Plans – Key Issues They can provide local communities with a vehicle to shape new development in their area, but cannot be used to reduce planned levels of development or stop development that would otherwise be acceptable There are Considerable resource implications for both the Neighbourhood Forum and the LPA in financial cost and time; The LPA has a duty to provide assistance to neighbourhood forums, which could delay Local Plan production. There are also statutory duties at key stages; There is a risk that the local community will not support the plan at the referendum stage; Once adopted, they will need to be reviewed and updated to remain relevant and up to date in planning terms. However, neighbourhood plans are discretionary and communities may decide to work with Local Planning Authorities to achieve their aims and objectives through the Local Plan process instead.

15. The Localism Act and Planning ReformNew Powers for Local Communities • Neighbourhood Development Orders and Community Right to Build Orders • Parishes or Neighbourhood Forums can promote Neighbourhood Development Orders (NDO) for certain types of development in their area. They effectively grant planning permission for a development or a class of development. There is a similar process and cost to preparing a neighbourhood plan. • The Community Right to Build Order is a special type of NDO that can be promoted by community organisations within a local community to bring forward development projects. Subject to meeting certain criteria and securing local support through a referendum, they can facilitate development without the need for further planning permission.

16. A new Local Plan – Why Now? • The LDF Policies will carry full weight to March 2013, but will only be given ‘due’ weight beyond that date; • Some parts of the adopted LDF are in need of updating; • Once the South East Plan is abolished there will be a need to address any strategic policy gaps in consultation with our neighbours; • The need to be clear about establishing new local growth provisions and planning for future development; • Greater emphasis and opportunity to engage with local communities on the new planning agenda; • If there are expressions of interest in preparing neighbourhood plans it will be more practical to prepare a Local Plan in parallel, rather than adopt neighbourhood plans that subsequently need updating once a Local Plan is adopted. • Next steps...The Cabinet will now consider a recommendation by last night’s Planning and Transportation Advisory Board to progress a programme of works towards a new Local Plan.

17. Preparing to Prepare the Local Plan Compiling an evidence base: • Demographic/socio-economic projections and scenarios • Housing studies • Supporting Economic Growth • Infrastructure • National Security • Environment (historic and natural) • Health & Wellbeing • Public safety • Viability testing • SEA/SA Neighbourhood Plans will also need an evidence base. NFs will be able to draw on some of these, or in their absence, will need to commission their own, insofar as they relate to the neighbourhood planning area.

18. Any Questions? Useful information sources and further reading: Neighbourhood Planning: Frequently Asked Questions - See DCLG website: http://www.communities.gov.uk/documents/planningandbuilding/pdf/2099152.pdf An Introduction to Neighbourhood Planning (Oct 2011 – DCLG) http://www.communities.gov.uk/publications/planningandbuilding/introductionneighbourplanning Planning Advisory Service website: http://www.pas.gov.uk/pas/core/page.do?pageId=1802659 The Planning Portal website: https://www.planningportal.gov.uk/inyourarea/neighbourhood/ How to Shape Where you Live: A Guide to Neighbourhood Planning (Jan 2012 - CPRE) http://www.cpre.org.uk/resources/housing-and-planning/planning/item/2689-how-to-shape-where-you-live-a-guide-to-neighbourhood-planning