POS UPDATE JULY 2009

The Planning Officers Society E-Bulletin for POS Members

Click on the heading to go straight to what’s new on POS Update this month:

1 Spatial Plans Latest

2 Development Management Latest

3 Breaking News ….

4 Consultation, Etc Latest

5 Brief Updates

6 Society Matters

7 Forthcoming Events

8 Correspondence

9 And Finally …..

SPATIAL PLANS LATEST

The South East England Partnership Board has updated its review of RSS completion and reviews and SNR transition arrangements. Their current position (July 2009) statement can be found at: http://www.planningofficers.org.uk/file/ad57b886c0945e49c6bb08569687f7d4/current-position-on-rss-completion-and-reviews-and-snr-transition-arrangements-july-2009.html

------

Guidance on Local Transport Plans

Final guidance to support local transport authorities in developing and delivering their transport plan has been issued by DfT: http://www.dft.gov.uk/pgr/regional/ltp/guidance/localtransportsplans

------

A Steps Approach to Infrastructure Planning and Delivery


Are your capital infrastructure schemes working? Do you know what your partners are delivering? Ever seen their capital spending plans? How can you work more effectively using the limited resources available? Find out more in A Steps Approach to Infrastructure and Delivery on the PAS website at: http://www.pas.gov.uk/pas/core/page.do?pageId=85827.


------

Reform of the Planning System: Infrastructure

The Infrastructure Planning Commission (IPC) introduced by the Planning Act 2008 will be up and running from October and accepting applications from the energy and transport sectors from 1 March 2010. From October, it will be advising promoters and other interested parties on the new process, for example ensuring that they consult local communities effectively and prepare their applications to a high standard. From March 2010, it will then start considering applications; when they expect the IPC to be carrying out its’ first examinations over that summer. For details go to: http://www.communities.gov.uk/news/corporate/1282470

Work is now under way by DfT to produce three National Policy Statements:-

·  for national networks (strategic roads and railways, and strategic rail freight interchanges);

·  ports; and

·  airports.

For details go to http://www.dft.gov.uk/about/strategy/transportstrategy/planningreform

The detail for how CIL will operate will be set out in draft regulations which will be subject to full public consultation by DCLG during summer 2009. Regulations will be made in April 2010.

------

UK Renewable Energy Strategy

A massive increase in onshore and offshore wind generation is a key element of the Government's proposals within this Strategy which stresses that regions should "set targets for renewable energy capacity in line with national targets or better where possible". Ministers have promised to support regions "to review their targets for renewable energy and take a proactive, evidence-based approach to identify appropriate opportunities for renewables as well as any genuine constraints to deployment".

The Planning Inspectorate will also be expected to give high priority to the handling of appeals relating to renewable energy proposals.

To read the Strategy go to http://www.decc.gov.uk/en/content/cms/publications/lc_trans_plan/lc_trans_plan.aspx#1

CLG is currently updating its planning policy guidance and will publish a new draft combined climate change planning policy statement (PPS) by the end of 2009.

------

Did you know that POSE is shortly to launch a new supported learning group “responding to climate change”? An invitation letter is to be issued shortly to all POS members; details will also be posted on the dedicated webpage at: http://www.planningofficers.org.uk/file/e86a36d91aa3f9e34849256fd52c5e35/dealing-with-climate-change.html

DEVELOPMENT MANAGEMENT LATEST

New planning powers proposed to boost coastal development

The Government has announced plans to end the blanket ban on any development in areas vulnerable to coastal erosion by proposing that temporary schemes such as beach huts, cafes and car parks could be considered by planning authorities. See section 4: Consultation of this bulletin; and for details go to http://www.communities.gov.uk/publications/planningandbuilding/consultationcoastal

------

Local Development Orders support project

Five bids for grants to help prepare Local Development Orders have been awarded following an invitation by PAS for local planning authorities to pilot the LDO tool. To read all about the pilot projects, funding, changes to DPD requirements and further reading go to the PAS website at: http://www.pas.gov.uk/pas/core/page.do?pageId=106076#contents-1

------

xxxxxxxx

------

xxxxxxxxx

xxxxxxxxxx

______

BREAKING NEWS ………

... Housing Minister John Healey has just announced that 270 stalled development projects across the country have been shortlisted for a share of £925m which could help get building work on 22,400 homes back on track and create 20,000 jobs. See the CLG press release at http://www.communities.gov.uk/news/planningandbuilding/1297072

Every region has shortlisted projects and will benefit from major cash injection, part of the Prime Minister's Housing Pledge announced last month. The projects have been identified by the Homes and Communities Agency through the Kickstart programme; see more about the programme and the list of projects at http://www.homesandcommunities.co.uk/kickstart_housing.htm

CONSULTATIONS, ETC LATEST

POS has subscribed to a regular legal update service and as a result will feature more informative summaries in the POS E-bulletin. Relevant extracts are included as appropriate in the section below.

Bills Published:

Sustainable Communities Act 2007 (Amendment) Bill.

This is a Private Members Bill to amend the Sustainable Communities Act 2007 to make further provision regarding the consideration of proposals and the representation of parish councils. Published on 11th June 2009; see http://www.publications.parliament.uk/pa/cm200809/cmbills/104/09104.i-i.html

------

The latest Government (and other) consultations include:

Consultation on proposed Minor Amendments to the Conservation (Natural Habitats, & C.) Regulations 1994, DEFRA, 8th June 2009.

This consultation proposes minor amendments to the Habitat Regulations 1994, the aim of which are to make clear that provisions to make a Special Nature Conservation Order (SNCO) under the Habitats Regulations can be used to restrict operations taking place on water as well as those on land, in order to protect European sites.

The proposed amendments would come into force on 1st October 2009. See http://www.defra.gov.uk/corporate/consult/conservation-habitats/letter.htm . The closing date for the consultation is 3rd August 2009.

Adapting to Coastal Change, DEFRA, 15th June 2009.

People who live and work in coastal communities are being invited to have their say in how their community can adapt to the challenges of coastal change and the impact this has on England’s coastline.

The consultation examines what managing coastal change could look like for individuals, businesses, local infrastructure and the historic and natural environment. It also sets out ideas on how the Government can best support local communities.

Environment Secretary Hilary Benn also launched an £11 million Coastal Change Fund, which gives local authorities the opportunity to ‘test-drive’ potential adaptation schemes in partnership with their local communities.

The consultation closes on 25th September 2009 and can be viewed at www.defra.gov.uk/corporate/consult/coastal-change/index.htm

The outcome of the consultation and selected local authority pathfinders will be announced in the autumn. The pathfinder programme will then run until spring 2011.

Consultation paper on a new planning policy on Development and Coastal Change, DCLG, 20th July 2009.

This consultation invites views on a new draft policy setting out a planning framework for the continuing economic and social viability of coastal communities. The policy aims to strike the right balance between economic prosperity and reducing the consequences of coastal change on communities. Closing date 12th October 2009; for details go to http://www.communities.gov.uk/publications/planningandbuilding/consultationcoastal

Greater Flexibility for Planning Permissions: Consultation, DCLG, 18th June 2009.

This consultation invites views on whether to introduce a mechanism for extending the time limits for implementation of existing planning permissions, and to consider how to implement the procedure for making non-material amendments under section 190 of the Planning Act 2008. It also considers changes to the procedure for applications under section 73 of the Town and Country Planning Act 1990. Comments required by 13th August 2009. See http://www.communities.gov.uk/publications/planningandbuilding/flexibilitypermissions

Assessing the Environmental Capacity for On-shore Wind Energy Development: Consultation. This consultation seeks views on proposed guidance for assessing environmental capacity for wind energy. Closing date for comments is 2nd September 2009. For details go to http://www.naturalengland.org.uk/Images/windenergy-consultation_tcm6-12082.pdf

Planning Act 2008: Consultation on examination procedures for nationally significant infrastructure projects. This consultation seeks views on the third package of statutory instruments to implement the Planning Act 2008. It sets out the detail of the procedures to be followed for examinations by the Infrastructure Planning Commission of applications for development consent, the detail of application fees that will be payable to the commission, matters relating to how the commission decides such applications, and matters relating to development consent orders that give effect to a decision to authorise a nationally significant infrastructure project. Closing date for comments is 5th October 2009.

For details go to http://www.communities.gov.uk/publications/planningandbuilding/consultationexaminationnsips

Protected Landscapes: Draft policy for consultation. This consultation seeks views on a draft policy that sets out the position Natural England will adopt in furthering the role of protected landscapes and related advisory and guidance activities. Closing date for comments is 4th September 2009. For details go to http://www.naturalengland.org.uk/Images/protectedlandscapes_tcm6-12059.pdf

Planning Policy Statement 15: Planning for the Historic Environment (to replace Planning Policy Guidance notes PPG15 and 16) accompanied by a Historic Environment Planning Practice Guide.

The new PPS is intended to:

·  Ensure there is a focus on understanding what is significant about a building, site or landscape so that it becomes easier to determine the impact of the proposed change. It uses the ‘values’ approach of English Heritage’s Conservation Principles as an underlying philosophy to inform decision-making.

·  Urge councils to monitor all their historic assets. For example, local authorities will be urged to create publicly-accessible Historic Environment Records which developers will be expected to consult so that they can take into account the historic environment impacts of their applications.

·  Support constructive conservation. It encourages active exploitation of the heritage as an asset rather than seeing it as a potential barrier to development.

·  Introduce new clearer policies on setting and design, issues which are frequently the source of the most contentious cases involving the historic environment.

·  Put the historic environment in the context of the challenge of climate change. Councils weigh carefully any loss of enhancement of the asset and its setting against the benefits of the application such as increased production of energy from low or zero-carbon sources. The greater the negative impact on the significance of the asset, the greater the benefits that will be needed to justify approval.

·  Deal with all types of heritage in a single document. It brings in a new, integrated approach to the historic environment and ‘heritage assets’, moving beyond the outdated distinction between buildings and archaeology.

·  Place greater emphasis on pre-application planning and discussion. Councils and developers should learn about the significance of affected heritage assets before designs are drawn up – the more they understand the asset, the greater the chances of a successful application.

·  Maintain the same level of protection for the historic environment as the current PPGs 15 and 16 but expresses the policy much more succinctly making it easier for councils to use (number of pages has been cut from over 100 to around 13).

·  Provide greater clarity on key topics e.g. archaeological interest, conservation areas and their preservation and enhancement, World Heritage Sites, conflicts with other planning priorities and recording.

Closing date for comments is 30th October 2009; for details go to http://www.communities.gov.uk/publications/planningandbuilding/consultationhistoricpps

Recent POS responses to consultations:

Houses in multiple occupation and possible planning responses go to http://www.planningofficers.org.uk/file/fc60c63669c53b64c3b85a01b33c141e/consultation-houses-in-multiple-occupation-and-possible-planning-responses-pos-response.html

Draft PPS4 Planning for Prosperous Communities go to xxxxxxxxxxx

5  BRIEF UPDATES

A new online guide to planning is available from the Chartered Institute of Public Finance and Accountancy (CIPFA) – see www.tisonline.net/planning.

This comprehensive guide will be a valuable resource for all those who work with or within town planning and building control. As well as covering the planning system in practice, it puts this into context by explaining the broader role of planning in meeting national and local policy objectives. The online guidance will be regularly updated with more new content to be added in the coming weeks.

Planning is part of CIPFA’s TISonline service – an online information resource for public sector practitioners. Since over 700 public service organisations subscribe to TISonline, you may have access already. To ensure you’re not missing out, register and log on to the website for automatic access to your organisation’s subscription. For more information email .

------

Open Space Strategies: Best Practice Guidance, CABE and The Mayor of London, 2009. This report offers practical guidance to local authorities and their stakeholders on how to prepare, deliver, monitor and review an open space strategy. It reflects the latest thinking on the role of open space in tackling climate change and improving the quality of people’s lives. This document provides a single guide for England and best practice guidance of the London Plan. For details see http://www.cabe.org.uk/files/open-space-strategies.pdf

------

The June 09 DfT Newsletter gives useful advice for promoting Sustainable Travel Initiatives and Travel Planning: http://www.dft.gov.uk/pgr/sustainable/smarterchoices/smartmoves/issue7.pdf

------

Planning departments in England have this month taken delivery of the Planning Portal’s Best Practice Guide – a toolkit which provides helpful advice on how LPAs can reduce the amount of time staff spend on general planning enquiries, simply by implementing effective click-through links to the Planning Portal website. For details go to http://www.planningportal.gov.uk/england/professionals/en/1115316706271.html

------

Planning Officers Society/Financial Times survey

The Financial Times newspaper is conducting an anonymous survey with POS to get a sense of how planning has been changing with the recession. You are encouraged to take part by answering as many questions as you can in the on-line survey at http://spreadsheets.google.com/viewform?formkey=dDl5RFNQVXdVUGtaZS1OMDN2MGsyYWc6MA..

----

xxxxxxxxx

------

xxxxxxxx

------

xxxxxxxxxxxxx

6 SOCIETY MATTERS

President’s Piece

I’ve just completed my first month as President. I’m relieved that it hasn’t been too hectic so far but I’m sure that won’t last – indeed I’d be concerned if it did.