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Planning After the Localism Act


Planning After the Localism Act – PowerPoint PPT presentation

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Title: Planning After the Localism Act

Planning After the Localism Act
Structure of the Presentation
  • General Background
  • The Localism Act key sections for planning
  • Implications for the County Council
  • Other planning matters

  • Royal Assent 15 November
  • Many provisions already law
  • Others will require further Orders
  • Lots more than planning - e.g. freedoms and
    flexibility for local government, major changes
    to public housing and tenancy law

  • The Context
  • Promotion of growth and jobs
  • Reduce the burdens of planning
  • End the imposition of top down targets
  • Encourage bottom up planning and local support
    for growth
  • Reward growth rather than compensate for economic

  • The Government's top priority in reforming the
    planning system is to promote sustainable
    economic growth and jobs. Government's clear
    expectation is that the answer to development and
    growth should wherever possible be 'yes', except
    where this would compromise the key sustainable
    development principles set out in national
    planning policy.
  • Greg Clark MP Ministerial Statement 23 March
  • "Localism and growth will go hand in hand. By
    giving local people a greater say together with
    new incentives to share in the benefits of
    growth, our reforms will help to create the
    conditions where communities begin to welcome
    development rather than resist it at all costs.
  • Greg Clark MP, 1 April 2011

Key Sections for Planning
  • Abolition of Regional Plans
  • Duty to Cooperate
  • Neighbourhood Plans
  • Changes to Local Development Plans and
  • CIL Amendments
  • Changes for infrastructure Planning
  • Predetermination and local financial

Key Sections Regional Plans Abolition
  • Signalled early on by Government
  • The Cala Homes saga
  • Govt consultation on environmental impact of
    revocation just finished
  • Will require an additional Order to fully revoke

Key Sections Regional Plans Abolition
  • New Hierarchy of planning guidance.
  • Slimmed down NPPF
  • The local development plan including approved
    Neighbourhood plans
  • The end of regional planning and sub regional
    planning unless local planning authorities
    choose to do it.

Key Sections Duty to Cooperate
  • Applies to all Local Planning Authorities
    (LPAs), National Park Authorities and County
    Councils, and a number of other public bodies
    such as Environment Agency and Highways Agency.
  • Relates to sustainable development or use of land
    that would have a significant impact on at least
    two LPAs or on a planning matter that falls
    within the remit of a County Council.
  • Requires that Councils set out planning policies
    to address such issues, and to consider joint
    approaches to plan making.
  • Requires that Councils and public bodies engage
    constructively, actively and on an ongoing basis
    to develop strategic policies.

Key Sections Duty to Cooperate
Duty to cooperate puts council under scrutiny By
Jamie Carpenter Friday, 27 January 2012 A
planning inspector is to hold a special hearing
to determine whether a Somerset district
council fulfilled a new obligation to cooperate
with neighbouring authorities when preparing
its local plan after legal action was threatened
by a developer.
  • Guidance still to be produced
  • Will not be sufficient to merely consult.
  • Suggestion of protocols and agreements
  • e.g. Waste in Herts currently exported to 67
    different locations
  • 6 Authorities group e.g.

Key Sections Neighbourhood Planning
  • Must conform to Local Plan
  • Prepared by Town and Parish Councils and other
    neighbourhood groups
  • District Council has a duty to support
  • Subject to local referendum 50 support
  • If so Local Planning Authority is compelled to
    adopt as planning policy
  • Also Neighbourhood Development Orders and
    Community right to build Orders

Key Sections Neighbourhood Planning
  • Early days in Hertfordshire
  • One frontrunner Grovehill in Hemel Hempstead
  • Issues of cost, credibility, expertise
  • Implications for strategic authorities
  • CPRE seminar series

Key Sections Local Development Plans
  • Some burdens eased e.g. Annual Monitoring
  • Changes to Examinations and Inspectors roles
    reports no longer binding
  • Push to simpler plans
  • But without PPGs RSS other strategic planning
  • But Minerals and Waste PPGs continue??

Key Sections - CIL
  • A reality April 2014 watershed
  • CIL Reference Group reporting to HIPP
  • Act introduces concept of contribution to
  • Consultation just taken place on how much and CIL
    and Affordable housing

Key Sections Infrastructure Planning
  • Abolition of the Infrastructure Planning
  • Creation of the National Infrastructure Unit
    within the Planning Inspectorate
  • SoS now makes final decision
  • New system will be used for Fieldes Lock proposal.

Key Sections - Predetermination
  • A decision-maker is not to be taken to have had,
    or to have appeared to have had, a closed mind
    when making the decision just because
  • (a) the decision-maker had previously done
    anything that directly or indirectly indicated
    what view the decision-maker took, or would or
    might take, in relation to a matter, and
  • (b) the matter was relevant to the decision.

Key Sections - Local Financial Considerations
  • Controversial proposal to introduce local
    financial considerations as a material
  • Definition grant or other financial assistance
    from Government or a developer contribution
    through CIL
  • Now presented as just one material consideration
  • Duty to consult before submission of applications

Summary of Implications
  • HCC still the plan maker for Minerals and Waste
  • Still have the same development control role for
    Minerals, Waste and County function applications
  • Statutory consultee for major infrastructure
  • Consultee on Neighbourhood Plans if relevant
  • No longer a strategic planning Authority
  • But we will have a Duty to Cooperate
  • Other strategic roles information and
    monitoring Building Futures infrastructure..

Other Planning Matters
  • NPPF
  • Regulations
  • CIL and Infrastructure Planning
  • Role of the LEP
  • Flood and Water Management Lead Local Authority

Planning After the Localism Act