Planning Policy

1. Planning Policy Penri James 2007-08

2. The need for policy Give direction and advice National strategic Local operational Consistent set of rules Provide a legal framework Decision Appeal Resolve complex issues Prioritise resources Protect as required Develop as required

3. Policy confrontation

4. Three magnets diagram

5. Legislative process

6. Devolution Planning is a devolved activity with different policies in England, Wales, Scotland and Northern Ireland Primary legislation from Westminster applies in England and Wales and unless changed, in Northern Ireland Scotland has its own Primary Legislation

7. Legislative process

8. Primary Legislation Acts of Parliament Creates new laws or changes old law Provides statutory authorities with powers to act Government � monitor national planning system Local Planning Authorities � forward planning, development control Places legal requirements on statutory bodies Government � Strategic Policy documents Local Planning Authorities � produce a local plan

9. Primary Legislation and planning Town and Country Planning Acts TCPA 1990 main planning legislation http://www.opsi.gov.uk/acts/acts1990/Ukpga_19900008_en_1.htm

10. Primary Legislation and planning Planning and Compulsory Purchase Act 2004 Part 1, which applies only to England, covers the formation and revision of the Regional Spatial Strategy (RSS), which will replace the current Regional Planning Guidance. Part 2, which applies only to England, provides for the establishment of the Local Development Scheme (LDS), which will replace Local Development Plans. Part 3 brings the new set of plans into the plan-led system of planning law. Part 4 makes a few changes relating to the determination of planning applications, makes changes relating to the handling of major infrastructure projects, and provides for the formation of Simplified Planning Zones. Part 5 covers correction of errors in decisions made by the Secretary of State or an inspector under the Planning Acts. Part 6 provides for the system of plan formation in Wales. Part 7 covers compulsory purchase, mainly increasing loss payments. http://www.opsi.gov.uk/acts/acts2004/20040005.htm Major revision of the way in which planning system operates

11. Primary Legislation website http://www.opsi.gov.uk/acts.htm

12. Private Members Bills Land Use (Gardens Protection etc) Bill http://www.publications.parliament.uk/pa/cm200607/cmbills/019/07019.i-i.html Lost Sustainable Communities Bill http://www.publications.parliament.uk/pa/cm200607/cmbills/017/07017.i.html ROYAL ASSENT 23 Oct 07 Local Planning Authorities (Energy and Energy Efficiency) Bill http://www.publications.parliament.uk/pa/cm200607/cmbills/025/07025.i-i.html Lost Planning and Energy Bill http://services.parliament.uk/bills/2007-08/planningandenergy.html

13. Government Bills (2007/08) Planning Bill http://services.parliament.uk/bills/2007-08/planning.html Research Notes http://www.parliament.uk/commons/lib/research/rp2007/rp07-084.pdf

14. Planning Bill Ministers will set national priorities for infrastructure. Decisions on major applications will be taken by an Independent Commission. Require local councils to take action on climate change when preparing their local plans. Provide more resources for local authorities through a greater contribution from users of planning services.

15. Planning Bill Easier for homeowners to extend their homes. Planning permission will not be required for minor developments such as conservatories, small scale extensions where it is clear they have little or no impact on neighbouring properties. Allow householders to install small-scale renewable technologies - such as solar panels and wind turbines - without planning permission subject to safeguards and standards to ensure there is little or no impact on neighbours. Developers will have a legal duty to consult the local community, local authorities and key stakeholders on their projects as they prepare them.

16. Secondary (Delegated) Legislation Allows government to make changes to law without a completely new Act of Parliament Power to make and change planning policy Original Act would make provisions for future delegated legislation to alter the law to differing degrees Statutory Instruments are most common form of secondary legislation

17. Statutory Instruments (SI) Differ between UK, Wales, Scotland and Northern Ireland http://www.opsi.gov.uk/stat.htm

18. Policy formulation

19. Who decides policy?

20. National Policy In England Planning Policy Statements (PPS), are gradually replacing Planning Policy Guidance Notes (PPG). In Wales Planning Policy Wales Technical Advice Notes

21. National Policy

22. Consideration of national policy Preparation of (local) development plans must take national policy into account Supported by legal framework Ministers can �call in� a decision Decisions contrary to national policy can be challenged in the courts

23. Planning Policy Guidance (PPG) and Planning Policy Statements (PPS) PPS1 Sustainable Development PPG2 Green Belts PPS3 Housing PPG4 Industrial and Commercial Development and Small Firms PPG5 Simplified Planning Zones PPS6 Town Centres PPS7 Rural Areas PPG8 Telecommunication PPS9 Biodiversity and Geological Conservation PPS10 Waste Management PPS11 Regional Spatial Strategies PPS12 Local Development Frameworks PPG13 Transport PPG14 Development on Unstable Land PPG15 Planning and the Historic Environment PPG16 Archaeology PPG17 Sport & Recreation PPG18 Enforcing Planning Control PPG19 Outdoor Advertisement Control PPG20 Coastal Planning PPG21 Tourism PPS22 Renewable Energy PPS23 Planning and Pollution Control PPG24 Planning and Noise PPS25 Development and Flood Risk

24. Planning Policy Statement 7: Sustainable Development in Rural Areas This Statement replaces Planning Policy Guidance note PPG7. It sets out the Government's planning policies for rural areas, which local authorities should have regard to when preparing local development documents, and when taking planning decisions.

25. Planning Policy Wales

26. Minerals

27. Opencast � after effects

28. Mineral Planning Policy in England Minerals Policy Statements (MPSs) have replaced Minerals Planning Guidance notes (MPGs) Sets out Government policy on minerals and planning issues Advice and guidance to local authorities and the minerals industry on policies and the operation of the planning system with regard to minerals. Mineral planning authorities must take their contents into account in preparing their development plans. The guidance may also be material to decisions on individual planning applications and appeals.

29. Mineral policy statements (England) MPS 1 Planning and Minerals MPS 2 Controlling and mitigating the environmental effects of mineral extraction in England MPG2 Applications, Permissions and Conditions (revised July 1998) MPG3 Coal Mining and Colliery Spoil Disposal (revised March 1999) MPG4 Revocation, Modification, Discontinuance, Prohibition and Suspension Orders (August 1997) MPG5 Stability in Surface Mineral Workings and Tips MPG7 The Reclamation of Mineral Workings (November 1996) MPG8 Interim Development Order Permissions (IDOs) - Statutory Provisions and Procedures (September 1991) MPG9 Planning and Compensation Act 1991: Interim Development Order Permissions (IDOs) - Conditions (March 1992) MPG10 Provision of Raw Material for the Cement Industry (1991) MPG11 The Control of Noise at Surface Mineral Workings (April 1993) MPG12 Minerals Planning Guidance: Treatment of Disused Mine Openings and Availability of Information on Mined Ground MPG13 Guidelines for Peat Provision in England (Including the Place of Alternative Materials) (July 1995) MPG14 Environment Act 1995: Review of Mineral Planning Permissions (September 1995) MPG15 Provision of Silica Sand in England (September 1996)

30. Marine Minerals Guidance (MMG) Marine Mineral Guidance 1 : Extraction by dredging from the English seabed Statement of the government's policies on the extraction of marine sand and gravel and other minerals from the English seabed.

31. Formulating Policy

32. Change in policy control

33. Plan led system - hierarchical(Planning and Compulsory Purchase Act 2004)

34. Interim Planning Policy Statements (Wales) Original policy may not be clear Circumstances change New unforeseen developments New levels of protection required Ministers can issue Interim Planning Policy Statements to revise current policy and give direction

35. Interim Planning Policy Statements (Wales) Ministerial Interim Planning Policy Statement (MIPPS) 01/2006 � Housing provides a revised Chapter 9 of 'Planning Policy Wales� Ministerial Interim Planning Policy Statement (MIPPS) 02/2005 - Planning For Retailing and Town Centres replaces sections 10.1 to 10.3 of 'Planning Policy Wales� Ministerial Interim Planning Policy Statement (MIPPS) 01/2005 - Planning for Renewable Energy Replaces sections 12.8 to 12.10 of 'Planning Policy Wales'

36. Technical Advice Notes (TAN) Provide detailed guidance on forward planning and development control

37. TAN Wales TAN 1: Joint Housing Land Availability Studies - 2006 TAN 2: Planning and Affordable Housing - 2006 TAN 3: Simplified Planning Zones � 1996 TAN 4: Retailing and Town Centres � 1996 TAN 5: Nature Conservation and Planning � 1996 TAN 6: Agricultural and Rural Development � 2000 TAN 7: Outdoor Advertisement Control � 1996 TAN 8: Renewable Energy � 2005 TAN 9: Enforcement of Planning Control � 1997 TAN 10: Tree Preservation Orders � 1997 TAN 11: Noise � 1997 TAN 12: Design � 2002 TAN 13: Tourism � 1997 TAN 14: Coastal Planning � 1998 TAN 15: Development and Flood Risk � 2004 TAN 16: Sport and Recreation � 1998 TAN 18: Transport � 1998 TAN 19: Telecommunications � 2002 TAN 20: The Welsh Language � Unitary Development Plans and Planning Control � 2000 TAN 21: Waste � 2001

38. TAN 5: Nature Conservation and Planning � 1996 Advice on Development control issues for Special Protection Areas (SPAs), Special Areas of Conservation (SACs) and Sites of Special Scientific Interest (SSSIs) The selection and designation of non-statutory nature conservation sites, such as local nature reserves The protection of species, commons and greens Annexes outline the statutory framework for nature conservation and designated sites and give information about the Countryside Council for Wales

39. TAN 19: Telecommunications � 2002 Advice on Telecommunications systems Development plans Development control Consultation arrangements Environmental considerations Health considerations Radio interference from proposed development Telecommunications aspects in other developments

40. TAN 8 � Renewable Energy Advice on Renewable Energy and Planning Implications for Development Plans Monitoring

41. TAN 15 - Development and Flood Risk Advice on Development advice maps Nature of development or land use Justifying the location of built development Assessing flooding consequences Surface water run-off from new development Action through Development Plans Development control

42. Guidance notes and Circular letters Provide advice on interpretation of planning policy Issued by Minister

43. Spatial Planning

44. Spatial Planning(Territorial Cohesion) Arisen from European Spatial Development Perspective (ESDP) 1999 Integrated strategic approach to the use of land and living space Based on French and German practice

45. Previous European policy � improve link with centre (monocentric)

46. Polycentric development

47. Cooperation for spatial development

48. European Spatial Development Perspective (ESDP) Fits with the 3 fundamental goals of European policy: economic and social cohesion; conservation of natural resources and cultural heritage; balanced competitiveness of the European territory.

49. Definition of Spatial Planning 'Spatial planning goes beyond traditional land use planning to bring together and integrate policies for the development and use of land with other policies and programmes which influence the nature of places and how they function. This will include policies which can impact on land use, for example, by influencing the demands on or needs for development, but which are not capable of being delivered solely or mainly through the granting of planning permission and may be delivered through other means' DCLG, 2004. Planning Policy Statement 12: Local Development Frameworks, HMSO, London (http://www.communities.gov.uk/)

50. Integrated area approach

51. Ireland

52. Netherlands

54. Spatial Plan

55. Regional Spatial Strategy How many homes? New shopping centres Regional airport Transport infrastructure (Regional Transport Plans) Effects on the environment All tiered governmental plans have to consider the spatial plan

56. Local Policy

57. Local Plans are numerous County Structure Plan District Plan Unitary Development Plan Local Framework Plan

58. Unitary Development Plan (UDP) Land use plan Statutory planning framework for the local planning authority Sets out the objectives, policies and proposals for the use of land and buildings in the area for specific period in time Area specific

59. Ceredigion UDP http://www.ceredigion.gov.uk/index.cfm?articleid=1486

60. Process (plan timeframe 2001-2016)

61. Ceredigion Content Description of Area Policies Development control general Environment Employment and rural economy Tourism Housing Community, Education and Recreation Shopping Transport Settlement policies

62. Ceredigion Policies

63. Beulah

64. Settlement Statement- Beulah Description Beulah lies in open countryside on the B4333 (Aberporth to Newcastle Emlyn road) approximately 4.8 km (3 miles) south of the main A487 (T) Aberaeron to Cardigan trunk road. The settlement has developed in a ribbon format along the road frontage of the B4333 in northerly and southerly directions, and to a lesser extent along the minor road to the west. It comprises over 70 dwellings. The settlement comprises mostly modern properties and has shopping, post office and petrol station facilities as well as a primary school and community facilities. It serves the local shopping needs of adjacent rural settlements and hamlets as well as those of its own residents. The Welsh language is in everyday use and is an important component of the social fabric of the community. Beulah is well located for access to the coast road as well as to Newcastle Emlyn, links to all of which are served by bus routes serviced daily or certain days of the week. Consultation Response Some respondents pointed out that Beulah has all amenities and is well geographically positioned to provide quality housing for the entire development spectrum, with potential for growth in the already healthy demand, in the light of Business Park at Aberporth. Others made pleas for Community Impact Assessment to help safeguard the fabric of the community, in particular with regard to the Welsh language, which was perceived already to have suffered over recent years. Vision for the Community Beulah is a popular settlement which has an important role to play in the local rural hinterland, since it has the facilities and accessibility which make it a popular local choice for settlement. There is also the hope and prospect within the UDP plan period that employment opportunities at Aberporth will encourage young people to remain rather than leave the area. A growth in the settlement consistent with this aim would be the best way to secure the health and well being of the Welsh language in the community. It is important to be mindful of the continued success and vitality of the community and of the Welsh language and it is intended to seek a measured rate of development consistent with the capacity of the community to absorb growth naturally. Overall, it is not intended that all land potentially available within the development boundary should be developed within the lifetime of the UDP, but to offer an element of choice to accommodate demand throughout the entire period. Recreation land adjacent to the school is safeguarded from development. Constraints on Development Infrastructure The Waste Water Treatment Works is nearing capacity. Improvements are planned within the current Investment Programme (2000-2005). Sewage Treatment Works treatment level may require upgrading. Beulah should be given relative priority for such investment. Development is to be phased so as to ensure there is no loss of water quality in the watercourse.

65. Current development plan procedures

66. Local Development Plan New requirement under Planning and Compulsory Purchase Act 2004 England Planning Policy Statement 12: Local Development Frameworks Details on how local area will change in coming years Integrates with Spatial Plan

67. Local Development Frameworks

68. Local Development Framework Review spatial plans more quickly than development plans under the old system; Public participation from the outset; Key early decisions to seek consensus and avoid late changes; Sustainability appraisal; Efficient programme management; Local development documents must be based upon a robust, credible evidence base.

69. Local Development Frameworks

70. Ceredigion Local Development Plan The LDP is a statutory land use plan which will cover development and planning issues which affect the County for the next 15 years or so. The key LDP stages are as follows: Delivery Agreement Pre-Deposit Participation Pre-Deposit Public Consultation Statutory Deposit of Proposals Advertisement of Site Allocation Representations Submission of LDP for Examination Independent Examination Publication of The Planning Inspector's Report Adoption

71. Other issues

72. Material considerations "In principle...any consideration which relates to the use and development of land is capable of being a planning consideration. Whether a particular consideration falling within that broad class is material in any given case will depend on the circumstances� Stringer v MHLG 1971

73. Material considerations Not policy Planning matter relevant to an application Courts decide what is a material consideration All material considerations have to be included in the decision making process but it is a matter for decision makers to decide how much weight to attach to each consideration Section 38 of the Planning and Compulsory Purchase Act 2004

74. Examples of material considerations Government policy if it is published after a development plan Traffic impact Noise Amenity Access and provision of infrastructure Design Layout Rights to privacy and daylight Archaeological record Replies to Consultations (provided relevant to planning) In certain circumstances the fear of crime from bail/probation hostels is a material consideration Suitability of the site for the proposed development (e.g. contamination/flooding issues). Nature conservation Creation of an undesirable precedent Number, size, siting and external appearance of buildings particularly in relation to other developments in the area Landscaping Need The examination of alternative sites Health effects Public perception of concern about harm to health Views of local residents Appeal decisions Telecommunications Code of Best Practice Nuisances caused by the development such as noise, smell, fumes, glare from floodlights or headlights of vehicles. Adverse safety impact Listed buildings Compatibility with other use Economic benefits

75. NOT material considerations Political considerations Loss of a view Commercial competition Effect of a proposal on property values and ownership Moral considerations � e.g. sex shops, religious objections to Sunday working. Premature development Cost of the development Applicant�s lack of ownership of the site. Issues covered by other legislation - e.g. health and safety Regulations, licensing, building control Any factor indicating that there is a lack of any reasonable prospect of the development proceeding.

76. General Development Orders Certain land use activities do not require planning permission Specified by Government in General Permitted Development Orders

77. Example of GDO The Town and Country Planning (General Permitted Development) Order 1995