National Planning Policy Framework & Local Planning Regulations

1. 18th August 2011 National Planning Policy Framework & Local Planning Regulations

2. What is the Purpose of Today’s Presentation? • To update Members on further changes to the planning system that the Government are currently proposing, including: • i) the replacement of PPS, PPG and Circulars that have previously guided the planning system with a short National Planning Policy Framework (NPPF); and • ii) revised regulations on Local Plan preparation.

3. National Planning Policy Framework

4. Introduction to NPPF • What does it cover? • What is no longer covered? • What policies remain? • What policies have changed?

5. NPPF The current Planning Policy Statements, Guidance and Circulars equated to over 1000 pages which provided a steer for Local Planning Authorities. These were used extensively for Local Plan production, determining planning applications and defending against planning appeals. This has been reduced to a 60 page document with much less detailed guidance for Local Planning Authorities.

6. NPPF Main Core Principles • Still a Plan-Led system; • Neighbourhood Plans; • Default answer to development proposals to be ‘yes’; • Housing Delivery is still a priority and the need to have a deliverable supply of sites has been strengthened; • Enhance environmental and heritage assets where appropriate; • Make effective use of land; • Encourage reuse of resources (eg buildings) and encourage renewable energy development;

7. NPPF Positive Plan Led System. • Plans should extend for at least 15 years and be produced in a positive manner taking into account NPPF. All objectively assessed development needs should be met in the plan unless it ‘significantly and demonstrably outweighs the benefits’. • Supplementary Planning Documents should only be used to speed up development and NOT to add financial burden to developers. • Still requirement to cover same issues such as housing, economic development, retail, leisure, transport, community infrastructure and the environment.

8. NPPF Positive Plan Led System – Evidence • Main time consuming issue with plan preparation is the evidence base. The NPPF states that the plan should be based on ‘adequate and up to date evidence’ which is ‘appropriate and available’. This suggests a lighter touch on evidence, HOWEVER, it states that plans should still have regard to (not exhaustive): • Strategic Housing Market Assessments; • Strategic Housing Land Availability Assessments; • Business Needs Assessment (Employment Land); • Infrastructure Studies; • Environmental Assessments; • Historic Environmental Records; • Health Requirements. BUT: Any requirements made through the plan should not over burden developers and therefore need to be viability tested.

9. NPPF Neighbourhood Plans • A new tier of local policy - Neighbourhood Plans. These “empower local people and communities”. • Once adopted, they will take precedence over existing policies in the Local Plan, where they conflict. NB – this shouldn’t happen as we have to ensure Neighbourhood Plan is in conformity with Local Plan. • HOWEVER, Neighbourhood Plans cannot set out less development (housing or otherwise) than is proposed in the Local Plan. They can, however, promote more development than is set out in the Local Plan. • There is the potential for Neighbourhood Plans to have a major impact on the Planning Service (mainly Forward Planning and Community Planning) if, as suggested by Govt, many communities and neighbourhoods push forward with developing their own plans.

10. NPPF The Answer is ‘Yes’ • Main point is that the default answer to development should be ‘yes’. This is referred to as the presumption in favour of sustainable development. • Where Local Plans are silent on an issue, unclear or where policies are out of date the decision should be ‘yes’ unless it does not comply with the NPPF. • Only refuse when there is significant and demonstrable harm caused by the development.

11. NPPF Housing is still a Priority (But not necessarily on Brownfield Land) • Housing was and remains one of the Govt’s main priorities. Although Regional Spatial Strategies are to be abolished (along with their housing targets) the Govt is pushing housing delivery through the NPPF and other incentives such as the ‘New Homes Bonus’. • LA’s had to previously demonstrate a 5 year supply of deliverable housing sites, otherwise this gave weight to speculative applications for housing. The NPPF has increased this to 5 years plus 20% (in effect 6 years) to ensure greater flexibility in the housing market. • Still no allowance for windfall development.

12. NPPF Housing (contd…) • Suggesting removal of Brownfield Targets set by Government. Such targets have ‘resulted in imbalances in the provision of blocks of flats and family homes with gardens.’ This is a scenario which is common to the Borough. • Rural Exception Sites can include some private housing if this will facilitate the provision of significant additional affordable housing to meet local needs. Town Centres • Policy on ‘town centre first’ remains (the sequential test) to ensure the town centre is the heart of the community and policies should protect the vitality and viability of these areas, (except for ‘offices’).

13. NPPF Environment • Green Space Designations – New right for local communities to protect green areas of importance. However, the Govt is looking to amend the ‘Village Green Designation’ process to ensure that such sites are planned to complement and not undermine investment in homes, jobs, etc. • Sustainable Transport – Govt re-affirm commitment to cut down on pollution and congestion through the use of public transport, walking and cycling. However, some confusion following Eric Pickles statement that LA’s should look to increase car parking spaces in town centres and reduce their cost.

14. NPPF Environment (contd…) • Climate Change – Need to take into account climate change and ensure energy efficiency in buildings, support community led initiatives. Also, future proof against climate change by getting location of development right – i.e. avoiding areas of high flood risk. Design • All plans (local and neighbourhood) should have robust policies setting out the quality of development that will be expected.

15. NPPF It’s Only a Draft. But has Some Weight Planning Inspectorate has stated: “Whilst it is a consultation document and, therefore, subject to potential amendment, nevertheless it gives a clear indication of the Government’s `direction of travel’ in planning policy. "Therefore, the draft NPPF is capable of being a material consideration, although the weight to be given to it will be a matter for the decision maker's planning judgment in each particular case". ‘’However current planning policy statements, guidance notes and circulars will remain in place until cancelled’’.

16. Local Plan – Revised Regulations

17. Local Plan – Revised Regulations Duty to Co-operate A duty to co-operate on strategic planning issues that cross Local Authority boundaries. The ‘hook’ to ensure co-operation is the test of soundness of the Local Plan on whether there has been effective joint working on cross boundary strategic priorities. Neighbouring authorities should, where practical, assist in meeting unmet requirements from adjacent authorities. Also ensures that other organisations and infrastructure providers have a meaningful contribution to the planning process.

18. Local Plan – Revised Regulations Adoption of Local Plan Documents • Inspectors reports following the examination of the Local Plan are no longer ‘binding’ on the Local Authority and the Inspectors ability to impose changes will be removed. • The Local Planning Authority will be allowed to submit there own alterations to overcome issues identified by the Inspector as well as making minor modifications themselves. • Council free to choose Inspectors modifications or resubmit a new plan.

19. Local Plan – Revised Regulations Local Development Scheme (LDS) Still need to prepare and maintain an LDS (timetable for the Local Plan), however, this no longer needs to be submitted to Govt and is left open to the Local Authority how best to present this information to the public. SBC will have an on-line timetable which can be updated as and when required.

20. Local Plan – Revised Regulations Reporting to Communities Similar to the LDS the Council previously prepared an Annual Monitoring Report (AMR) and sent it to Govt annually. This is no longer required, however, the duty to prepare a report for local people remains. SBC will continue to provide the AMR on an annual basis and make it available on the Council’s website.

21. Conclusions • Very pro-growth and economic development; • Potentially raising the bar as to what can be considered ‘harmful development’, thus making refusal more difficult; • Proactively plan for a flexible supply of housing; • Need to work with neighbouring authorities so conflicts don’t occur; and • Expand scope of ‘local plan’ to cover issues no longer covered in national policy.

22. Any questions?