Elected Members School Exeter 2009 A planning refresher for elected members

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1 Elected Members School Exeter 2009 A planning refresher for elected members David Hackforth Head of Planning, Milton Keynes Council President Planning Officers Society

2 Elected Members School Exeter 2009 refresh the parts of Planning other talks may not reach

3 Some significant anniversaries th anniversary of 1947 Town & Country Planning Act th anniversary of 1909 Housing & Town Planning Act Planning remains high profile & often controversial As an elected member you will be the focus of community aspirations & concerns

4 First principles The same basic planning system applies throughout the UK But specific differences between England, Wales, Scotland & N Ireland UK system differs significantly from most other European planning systems Most European systems are based on zoning the UK system allows more discretion to the decision maker

5 The evolution of the British Planning system 1 Town Planning Act 1909 Prohibited the building of back-to-back housing Allowed local authorities to prepare town planning schemes Housing Act 1919 Gave the Ministry of Health authority to approve the design of houses Housing Act 1930 Required all slum housing to be cleared in designated improvement areas

6 The evolution of the British Planning system 2 Town and Country Planning Act 1932 The first legislation to allow countrywide rural planning Restriction of Ribbon Development Act 1935 To prevent the sprawl of towns and cities across the countryside Between 1919 and 1939 over four million new homes were built, the majority on green fields

7 The evolution of the British Planning system 3 During WWII a series of Royal commissions looked at the problems of urban planning and development control: The Barlow Commission (1940) into the distribution of industrial population The Scott Committee into rural land use (1941) The Uthwatt Committee into compensation and betterment (1942) The Reith Report into New Towns (1945)

8 The evolution of the British Planning system 4 The end of WWII brought consensus over the need for comprehensive planning to rebuild bombed out towns and cities and to help reorganise industry New Towns Act 1946 Allowed the government to designate areas as new towns, and passing development control functions to a Development Corporation

9 The evolution of the British Planning system 5 Town and Country Planning Act 1947 Introduced the basis of the comprehensive system that we have today Local authorities had to complete a local plan, setting out detailed policies and specific proposals for the development and use of land in a district Land use controlled and planning permission required for development

10 The evolution of the British Planning system : The national Green Belt system is put in place to prevent urban sprawl 1968: County structure plans are introduced to coordinate and guide local plans 1988: Regional planning guidance introduced to act as a strategic guide for county structure plans

11 The evolution of the British Planning system 7 Town and Country Planning Act 1990 Divided planning into forward planning and development control: Forward planning: setting out the authority's strategy for the future through a development plan Development control: controlling the development that results via planning applications, appeals and enforcement The Planning and Compensation Act 1991 Amended the 1990 Act and introduced the plan-led system - planning applications should be decided in line with the development plan, unless material considerations indicate otherwise

12 The evolution of the British Planning system 8 Planning and Compulsory Purchase Act 2004 Local Plans replaced by Local Development Frameworks comprising Local Development Documents & Supplementary Planning Documents Regional Spatial Strategy produced by Regional Assemblies replaced the Structure Plan as the strategic planning document Local Development Schemes outline work on LDDs/SPDs over a three year period Statements of Community Involvement outline how the Council will involve the local community Planning Policy Guidance Notes replaced by Planning Policy Statements

13 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 by influencing the demands on, or needs for, development, but which are not capable of being delivered solely or mainly through the granting or refusal of planning permission and which may be implemented by other means.

14 Spatial Planning Planning Policy Policies Development Management Planning Applications Strategies Enforcement Plans Appeals

15 The Legislative Hierarchy European directives & laws National planning legislation Primary (Acts of Parliament) Secondary (Rules & Orders)

16 National Planning Policy Planning Policy Statements (PPS) Circulars White Papers Ministerial Statements

17 Regional Planning Only applies in the 9 English regions Regional Spatial Strategy (RSS) Regional Economic Strategy Regional Sustainable Development Strategy Other regional strategies RSS is part of the Development Plan RSS produced by Regional Partnership

18 Local Planning Local Development Framework (LDF) Local Development Scheme Core Strategy Statement of Community Involvement Mandatory Annual Monitoring Report Action Area Plans Development Plan Documents Optional Supplementary Planning Documents

19 The Local Development Framework

20 Development Management What is Development Management? Development Management is end-toend management of the delivery chain for sustainable development Development Management is an integral part of the spatial planning process; it puts spatial development plans into action and seeks to achieve good design and sustainable development

21 Development Management Planning applications Major, minor & other Minerals & waste applications Listed building consent applications Conservation area consent applications Planning obligations Enforcement Appeals Refusals, non-determination, conditions, enforcement

22 Who does what? Legislation National Policy RSS LDF Planning Applications Minerals & Waste Enforcement Appeals Parliament Communities & Local Govt Regional Partnerships Unitary & District Councils Unitary & District Councils Unitary & County Councils Unitaries, Districts & Counties PINS/CLG

23 Planning in Wales Legislation not devolved to the Welsh Assembly Govt Planning Policy Wales (WAG) Technical Advice Notes (WAG) Local Development Plans (26 unitary LPAs) Development Management (26 unitary LPAs) Appeals (PINS Wales)

24 Planning in Scotland Planning etc (Scotland) Act 2006 (Scottish Parliament) National Planning Framework (Scottish Govt) Scottish Planning Policy & Planning Advice Notes (Scottish Govt) Structure & Local Plans to be replaced by unitary plans apart from in 4 city regions Development Management (34 Unitary LPAs) Appeals (Scottish Ministers, local board)

25 Planning in Northern Ireland Legislation not devolved to NI Assembly Regional Development Strategy (DoE NI) Planning Policy Statements (DoE NI) Development Plans (NI Planning Service) Development Management (NI Planning Service) Appeals (Planning Appeals Commission)

26 So what is Planning? Planning is about making plans but there s more Planning is about stopping inappropriate development but there s more Planning is about allowing good development but there s more Planning is also about encouraging and enabling the right development in the right place positive planning

27 Positive Planning - The Stadium:MK

28 Positive Planning - The Stadium:MK 3,000 seat new stadium the home of MK Dons Designed to EUFA 4 star standard to host international matches Opened by the Queen in 2007 Positive planning was crucial specific Local Plan policies identified the site & allowed for enabling development Part-funded from enabling development of an Asda- Walmart superstore & an Ikea furniture store secured through planning obligations

29 Positive Planning - The Stadium:MK

30 Positive Planning - Cabot Circus, Bristol

31 Positive Planning - Cabot Circus, Bristol A 1.5 million sq ft 500 million mixed-use project covering 36 acres in the centre of Bristol opened in new shops including Harvey Nichols 13 screen cinema & 150 bed hotel 2,500 space multi-storey car park 256 residential apartments student beds 161,500 sq ft of offices 8,000 jobs Realignment of Bond Street & reconfiguration of Newfoundland Street junction by Bristol City Council

32 Positive Planning - Cabot Circus, Bristol Master plan principles: Urban regeneration & mixed-use Retention of historic buildings Network of safe & attractive streets & squares Accessibility with reduced traffic impact City-scale individual buildings A managed development process Innovative glass roof structure

33 Positive Planning - Princesshay, Exeter

34 Positive Planning - Princesshay, Exeter The biggest regeneration project in Exeter s history 225 million project opened in September ,000 sq ft of retail space with 37 new retailers 270 space multi-storey car park 123 residential apartments 1,500 new jobs Master Plan & close working between Land Securities, Exeter City Council & English Heritage Compulsory Purchase Order by Exeter City Council

35 Conclusion - why we are here to secure the home healthy, the house beautiful, the town pleasant, the city dignified and the suburb salubrious. John Burns, President of the Local Government Board Introducing the 1910 Act

36 Probably the best planning system in the world

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