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Winchester T: 01962 893 893 F: 01962 893 883
London T: 020 7812 6490 F: 020 7812 6677
info@remarkable-engagement.co.uk
Find out more about Localism visit localism-agenda.com
The Practitioner's Advisory Group set up by the Government to look at the National Planning Policy Framework has published its proposed draft, ahead of the formal draft which will be published later this year.
The document - which will help to form the overarching policy framework within which the planning system will operate - runs to 55 pages and is likely to be extremely influential in the drawing up of the formal draft. Speaking during the Localism Bill's Report Stage last week, decentralisation minister Greg Clark confirmed that this would likely be published in July.
One of the key elements of the document -widely criticised for not being given statutory footing in the Localism Bill - is the definition of the presumption of sustainable development.
The group tackled this head on, noting in paragraph three of the introduction that "sustainable development means development that meets the needs of the present without compromising the ability of future generations to meet their own needs" (the Brundtland definition). They suggest that sustainable development has three roles: planning for prosperity (an economic role); planning for people (a social role) and planning for places (an environmental role), and that the "planning system must play an active role in guiding development to sustainable solutions, mitigating significant impacts and promoting positive strategies for environmental enhancement".
In order to achieve these stated goals, the group outlines a three-pronged strategy of national policies; local and neighbourhood plans; and development management, noting that a "positive" planning system is needed.
There is evidence of the tensions that flared earlier this year between the Department for Communities and Local Government (DCLG), whose localism agenda is all about empowering communities to have a more direct say in development, and the Treasury, whose Budget for Growth viewed development as a key catalyst for growth.
Some sections could have almost been lifted from George Osborne's budget speech, such as the following:
"... the Government expects the planning system to pro-actively encourage growth to meet the needs of business; to increase the supply of housing that the country needs; and to ensure the timely provision of necessary infrastructure. Planning must operate to encourage growth and not act as an impediment. This must start from a positive assumption about development, to create certainty and confidence for national and local investment."
It concludes: "Planning must be positive, proactive, simple, and free from bureaucratic barriers."
Amid the posturing and defining though, the document does make some important recommendations.
The presumption in favour of sustainable development
The group suggests that this should be placed at "the heart of the planning system" and be viewed as "a golden thread running through both plan making and decision taking", a phrase used previously by Conservative MPs.
It suggests that the presumption should apply unless "to do so would cause significant harm to the objectives, principles and policies set out in this National Planning Policy Framework".
Core planning principles
The group outlines nine core planning proposals that they suggest should underpin both plan-making and development management and should be taken into account by all those engaged in the planning system.
The proposed principles include: planning should be genuinely plan-led; local authorities should be proactive in driving and supporting the development this country needs; planning authorities should promote mixed-use developments to get the most out of their land; and local authorities should enable the reuse of existing resources, such as through the conversion of existing buildings.
Local plans
The group states that local plans must accord with the National Planning Policy Framework, and that supplementary planning documents should only be used in exceptional circumstances and never to increase the financial burdens on development.
It states that local plans should be "aspirational but realistic", and should be drawn up over an "appropriate time scale", with 15 years the figure suggested.
Importantly, the group suggest that in the absence of an up to date and consistent local plan, planning applications should be determined in accordance with the National Planning Policy Framework, including its presumption in favour of sustainable development.
In assessing housing need, a Strategic Housing Market Assessment should be used, which should take account of population projections, the need for all types of housing (including affordable) and should cater for housing demand and the scale of supply needed to meet this demand. The document also suggests a SHLAA should be prepared.
The Community Infrastructure Levy should be assessed at the plan-making stage, as well as affordable housing requirements and local standard requirements that may be applied to development, ensuring the future viability of a site included in the local plan is not threatened, though the group acknowledge that this might not always be possible.
Neighbourhood plans
The group states that the "ambition of the neighbourhood must be aligned with the strategic needs and priorities of the wider local area", so neighbourhood plans "must be in conformity with the strategic priorities of the local plan". The document states that "outside these strategic elements, neighbourhood plans will be able to shape and direct development in their area".
The relationship between neighbourhood plans and local plans should be "complementary".
Determining applications
The group suggest that the planning system should be plan-led, and that local plans should be the starting point for the determination of any planning application.
Local authorities should apply the presumption in favour of sustainable development when determining applications, and if applications conflict with an up to date local plan which is consistent with the National Planning Policy Framework they should be refused, though applications should never be refused simply because a plan is in preparation.
The group also suggest that planning conditions or obligations could be used to make an application more acceptable in planning terms, rather than having to refuse it.
Housing
The group states that the Government's key housing objective is to significantly increase the delivery of new homes, and outline four goals: significantly increasing the supply of housing; delivering a wide choice of housing; widening the opportunities for home ownership; and creating sustainable, inclusive and mixed communities.
The group suggests that a five-year rolling land supply of deliverable sites is maintained, and that a supply of developable sites (with a reasonable prospect of future development) is located for years 6-10 and 11-15, where possible.
In order to plan for an appropriate mix of housing, local authorities should look at future demographic trends and the needs of different groups within the community (such as families with children, the elderly and people with disabilities).
Call-ins by the Secretary of State
The group outline four circumstances in which the Secretary of State should be allowed to exercise his powers for call-in. These occur if the granting of planning permission: substantially conflicts with the National Planning Policy Framework; affects the interests of national security or foreign Governments; raises issues of substantial national importance; or raises potential conflicts with international obligations.
Transport
In order to minimise carbon emissions, developments should be located and designed to minimise the need to travel, and the group suggests that where possible key facilities such as local amenities, healthcare and primary schools should be located within walking distance of large scale developments.
Local authorities should equally ensure that parking standards promote sustainable transport choices.
The Green Belt
The group states that there is a general presumption against inappropriate development in the Green Belt, and that such development should only be approved in exceptional circumstances. However, the document also states that only in exceptional circumstances should new Green Belts be allocated, so not much is likely to change with development in Green Belt land. Previously, some bodies - including the Institute of Directors - had suggested removing restrictions on Green Belt land was a way of boosting development - and the economy - though this does not appear likely to be adopted.
The Practitioner's Advisory Group is made up of industry experts from both sides of the divide - developers and elected members. It comprises Pete Andrew, Director of Land and Planning at Taylor Wimpey; Simon Marsh, Acting Head of Sustainable Development at RSPB; Councillor Gary Porter, Leader of South Holland District Council and Chairman of the LGA Environment and Housing Programme Board; and John Rhodes, Director of QUOD, a planning consultancy he set up after leaving RPS Group, where he headed their London office.
A formal draft of the National Planning Policy Framework is expected to be published in July.
