A CPRE Planning Help Campaigners Guide. Departure Applications How, when and why to ask that departure applications be called in

Transcription

1 A CPRE Planning Help Campaigners Guide Departure Applications How, when and why to ask that departure applications be called in

2 Contents Departure Applications 2 How call-ins work 2 The Call-in Process Explained 3 1. Authority receives departure application 3 2. Authority intends to approve contentious application 3 3. The Secretary of State decides how to respond 3 Details About the Call-in Process 5 The offfical departure application criteria 5 The Greenfield and Density Directions 6 Documents a local authority must supply 6 How Government decides whether to call in an application 7 What You Can Do About Departure Applications 8 How to find out a local authority s views 8 Requesting a call-in is the last option 8 How to request a call-in 8 Build regional relationships 9 Letter advice 9 Sample letter to the Secretary of State 10 Glossary 11 Useful Publications 12 This guide is a paper version of an online guide found on CPRE s Planning Help website, a website that gives you the knowledge to influence change and shape the decisions that affect your environment. The site is regularly updated and we encourage you to visit it ( 1

3 Departure Applications The local authority has to decide planning applications in line with policies in the approved development plan for the area. But a local authority sometimes permits a large-scale or controversial planning application that goes against, or departs from, the development plan either generally or for a particular location. This is known as a departure application. Thankfully, there is a partial safeguard that helps local people and community groups to keep local authorities bound by their plan: call-ins. How call-ins work The local planning authority has to tell the Office of the Deputy Prime Minister about most departure applications it intends to approve and a number of other types of significant applications. Once the Office of the Deputy Prime Minister has looked at the detail of an application, it can decide to call it in. If it does, the decision to approve or reject the application is made by the Government and taken out of the local authority s hands. If you disagree with a departure application you can help stop it from becoming reality. By following just a few steps, you can show the Government how damaging a planning application could be and reduce the likelihood of it being approved. 2

4 The Call-in Process Explained 1. Authority receives departure application A departure application starts by following the regular decision-making process of planning applications: > a planning application is submitted to the local planning authority; > the planning authority publicises the application; > the public has a few weeks to comment on the application; and > a decision is made on the application, usually within eight weeks of it being submitted. As with all planning applications, the local planning authority must let the public know it has received an application. With departure applications, it must display a notice at the development site for at least 21 days and place an advertisement in the local newspaper. (These consultation rules are set out in Article 8 of the Town & Country Planning (General Development Procedure) Order 1995.) 2. Authority intends to approve contentious application The local authority needs to tell the Secretary of State if it intends to approve an application that, generally speaking, would: > involve building 150 houses or flats; > be on land owned by a local authority, or is a development by a local authority; > work against the development plan s policies or proposals; > result in a road being built that s not in a development plan; > develop housing on any greenfield site of five hectares or more; or > involve building housing in the South East and parts of the East of England at a density of 30 dwellings per hectare or less. The first four criteria have to do with departure criteria; the fifth and sixth with Greenfield and Density Directions. The local authority must include a number of documents with its letter of notification to the Secretary of State, such as a copy of the application and any statements or opinions of the application that have been submitted. 3. The Secretary of State decides how to respond Once he has received notification of the application, the Secretary of State confirms to the local authority the date on which he received the necessary documents. He has 21 days from that date in which to decide whether or not to call in the application. The local authority cannot grant planning permission until that time is up. It often happens that the Secretary of State puts the application on hold so he has more time to assess it and decide whether to call it in. He s allowed to issue this holding direction under Article 14 of the Town & Country Planning (General Development Procedure) Order

5 If he decides he doesn t need to get involved, he writes a letter advising the local planning authority that it may decide the application itself. If he decides to call in the application, then the application will be considered at a public inquiry, led by a planning inspector who will then make recommendations to the Secretary of State. The Secretary of State considers the inspector s report and recommendation and decides whether or not to allow the application. Want to know more about the call-in process? Read on. page 5: The official departure application criteria page 6: More about Greenfield and Density Directions page 6: More details about the documents a local authority must supply page 7: How Government decides whether to call in an application 4

6 Details About the Call-in Process The official departure application criteria If a local authority intends to approve a departure application, it must decide whether or not the application falls within the criteria outlined in the Town and Country Planning (Development Plans and Consultation) (Departures) Directions Annex 1, paragraph 3 lists the criteria: (a) (b) (c) development which consists of or includes provision of i) more than 150 houses or flats; or ii) more than 5,000 square metres gross retail, leisure, office or mixed commercial floor space; development of land belonging to a planning authority by that authority or any other party; or for the development of any land by such an authority, whether alone or jointly with any other persons; or any other development which, by reason of its scale or nature or the location of the land, would significantly prejudice the implementation of the development plan s policies and proposals. If the application does fall within this criteria, then the local authority must tell the Secretary of State about it. Paragraph 3(c) gives local authorities wide scope to define an application as a departure requiring referral to the Secretary of State. Government Circular 07/99, annex 2, paragraph 7 states that the types of development identified for referral include: '7(4)(i) applications for development of major importance having more than local significance, eg major industrial developments and major retail, leisure, office or mixed commercial developments (other than those notified automatically to the Secretary of State); (ii) applications which raise important or novel issues of development control; (iii) applications involving the winning and working of minerals, or waste disposal, storage, treatment and processing facilities; (iv) applications significantly affecting national parks, areas of outstanding natural beauty, sites of special scientific interest and conservation areas, Grade I and II* listed buildings, and scheduled monuments; (v) applications involving development for which an environmental impact assessment is required; (vi) applications involving inappropriate development in Green Belt (or Metropolitan Open Land in Greater London). Advice on what constitutes inappropriate development is set out in PPG2 Green Belts (1995), RPG3 Strategic Guidance for London Planning Authorities (1996) [the latter document has since been superseded by the Mayor of London s spatial development strategy, called The London Plan]; (vii) applications involving development 5

7 that would result in the loss of open space or playing fields both publicly and privately owned; (viii) applications which, through their cumulative impact with existing and/or proposed development, may have a significant impact on the implementation of the policies and proposals of the development plan. The Greenfield and Density Directions The Town and Country Planning (Residential Development on Greenfield Land) (England) Direction 2000 (also known as the Greenfield Direction ) requires proposals to develop any greenfield land for housing which, in themselves or as part as a wider but contiguous allocation for housing, relate to a site of 5 hectares or more, or comprise 150 dwellings or more regardless of size, and which the local planning authority resolves to approve, to be notified to the Secretary of State before permission is granted. The Town and Country Planning (Residential Density) (London & South East England) Direction 2002 (also known as the Density Direction ) applies to the South East and parts of the East of England. For local authorities in those areas, it extends the need to notify the Secretary of State to more types of planning application. These are for development which comprises or includes (a) the provision of houses or flats on sites of 1 hectare or more; and where (b) the residential density is either not provided in the application for planning permission or will be less than 30 dwellings per hectare, which the local authority does not propose to refuse, and which would not already be covered by the Greenfield Direction. In effect, then, these extend the 1999 regulations on departures to include proposals for fewer than 150 houses on a greenfield site of five hectares or more, as well as housing proposals where the density of development is either unspecified or below 30 dwellings per hectare. Both the Greenfield and Density Directions also require the local authority, as part of its notification, to submit different information on any planning application within its respective scope outlined above, than it would if the application was covered by the 1999 regulations. Documents a local authority must supply Various documents must accompany the local authority s notification of a departure to the Secretary of State: (i) (ii) (iii) (iv) (v) a copy of the application (including copies of any accompanying plans and drawings); a copy of the requisite notice; a copy of any representations made to the authority about the application; a copy of any report on the application prepared by an officer of the authority; a statement of the material consideration which the authority would consider indicate otherwise for the purposes of section 54A of 6

8 the Town and Country Planning Act 1990 [now section 38], unless such information is already contained in any report by an officer of the authority (as required above); > have wide effects beyond the immediate locality; > give rise to substantial national or regional controversy; (vi) copies of any statement of any views expressed on the application by a Government department, another local planning authority or a parish council. > conflict with national policy on important matters; or > involve the interests of foreign governments. (Quoted from the Government s Circular 07/99, annex 1, paragraph 3) For applications covered by the Greenfield Direction, the local authority has to follow steps (i), (iii), (iv) and, except for including the views of a parish council, (vi). For applications covered by the Density Direction, the local authority has to follow steps (i), (iii) and (iv). Additionally, instead of step (v), in both cases the local authority has to provide a statement demonstrating that it has assessed the application in the light of policies in the Government s policy on housing relating respectively to greenfield sites and housing density, unless this was included in the officer s report included in step (iv). See Planning Policy Guidance note 1: General Policies and Principles, annex D, paragraph D7 for more on this. The Secretary of State called in about 100 planning applications in 2003/4. The Secretary of State has reserve powers to call in any planning application (not just departures) for his own decision under section 77 of the Town and Country Planning Act How Government decides whether to call in an application The policy of the Secretary of State is to be very selective about calling in planning applications and generally does so only if planning issues of more than local importance are involved for example, if the application could: > raise significant architectural and urban design issues; 7

9 What You Can Do About Departure Applications When faced with a departure application, you should: > respond to the consultation by your local authority, as with any planning application; > if the local authority looks minded to grant permission, negotiate with the developer or the local authority. This can be the most effective way of getting the most damaging aspects of a proposal changed. You should be ready to take this course of action at any stage of the process; and > check if the criteria by which the Government decides to call in planning applications apply to this proposal (see page 7). How to find out a local authority s views You can get a clear indication of the local authority s view on an application from the report the planning officer has prepared for the planning committee. This report will carry a recommendation and must be made available to the public at least three days before the committee is due to sit. You can usefully get an earlier feel for the report s likely recommendation if you have a good relationship with the planning officers. They re often prepared to informally discuss the issues and any objections to the application. Talk to local councillors. It is important to brief them because they might vote to approve an application even if an officer recommends refusal; conversely, they can decide to not endorse the officer s recommendation to approve. If the planning committee decides to approve a departure application, what happens next varies among local authorities. In some authorities the decision is passed to a meeting of the full council for formal ratification. If this is the case, you may have breathing space in which to seek a call-in. In any case, try to find out what the procedures are in advance. Requesting a call-in is the last option You should always take those three steps above before looking to get an application called in. If the local authority wishes to refuse the application, there is less need to involve the Secretary of State and the issues can be discussed if the applicant appeals against the refusal. Repeatedly writing in and requesting callins for every unfavourable application could lead to your letters being ignored after a while. If, however, you have taken the steps above and the local authority is still clearly intending to grant permission, you should request a call-in. How to request a call-in If you have taken all the steps relating to controversial planning applications and the local authority is still clearly intending to grant permission, you should: > contact your regional planning body and county council (if there is one in your area) to seek its support. The district planning authority has a statutory duty to take into account the views of the county planning authority; > contact the planning division of the Government office for your region by 8

10 telephone and in writing as soon as possible to alert them to your concern; > write to any statutory agencies or parish councils with a possible interest in the proposed development and/or site affected to enlist their support; > contact your local MP to ask for his or her support; > write to the Secretary of State for planning at the Office of the Deputy Prime Minister, requesting a call-in. Copy your letter to the Government office for your region; and > organise a campaign to gather support. Build regional relationships Just as it is to your advantage to cultivate a good relationship with planning officers at the local authority, you should try to do so with those working in the Government office for your region because they advise the Secretary of State on whether an application should be called in. Letter advice In your letter to the Secretary of State, you should: > quote the application reference and the local authority concerned; > specifically ask for the application to be called in; > explain succinctly the reasons why you consider it raises issues of more than local importance; and > mention material considerations (and please note that personal opinions and interests are not material considerations). You should emphasise any conflicts with national policy, quoting references to relevant Government planning policies, as well as contradictions with the development plan, in terms of policies for the site in question and general policies on the type of development proposed. Material considerations > Relevant development plan policies, such as the Regional Spatial Strategy > Government policy > Representations made by statutory consultees and others in response to consultation at the application stage > The designated status of a site or its surroundings (such as Area of Outstanding Natural Beauty) > The planning history of the site including existing planning permissions, previous refusals and appeals > The effect on a conservation area or listed building 9

11 Sample letter to the Secretary of State The Rt Hon John Prescott MP First Secretary of State Office of the Deputy Prime Minister 26 Whitehall London SW1A 2WH Dear Sir, We write to request the call-in of planning application [reference number] submitted to Borne District Council by Volume Housebuilding plc. The proposed development is for the construction of 120 houses on a greenfield site on the western outskirts of Ickle village, an area designated as Green Belt in the Outer Wessex Structure Plan (adopted August 2002), and in the emerging Wessex Regional Spatial Strategy (deposit draft published August 2004) and adjacent to a small Site of Special Scientific Interest. We are advised that Borne District Council is minded to grant permission for the proposed development. We have already objected very strongly to the application in view of the fact that it is contrary to policies in the emerging Regional Spatial Strategy and in particular Policy 24 of the Outer Wessex Structure Plan, and policies L5 and D16 of Borne Local Plan/Local Development Framework. It also conflicts with your guidance on housing (PPG3), especially with regard to the need for a sequential approach to site selection. The development would urbanise an area of fine countryside when there are better alternative locations available. Policy L5 of Borne Local Plan/Local Development Framework states that development in the countryside will only be permitted where it is judged to be in keeping with rural character. The proposed development, which includes plans for executive-style homes, is not in keeping with the rural character of the village and its surrounding area. It would in fact double the size of Ickle and lead to substantial increases in traffic levels in the surrounding area, along what are mostly single lane highways. Policy D16 of Borne Local Plan/Local Development Framework requires that development on sites previously undeveloped (in other words, greenfield), should only be considered where no reasonable brownfield alternatives exist. We have been provided with no detail of any alternative sites having been considered and no urban capacity study has been undertaken. The Outer Wessex Structure Plan includes a large proportion of the site within the Barset Green Belt. The Wessex Regional Spatial Strategy, whilst still in draft form, is likely to proceed with the proposed boundary unchanged. Objections to this designation have only been received from the developers themselves. We consider this case to be of more than local significance. It runs counter to agreed and emerging development plan policies and conflicts with PPG2 and PPG3. We therefore urge you to call it in. Our views are supported by English Nature, which will also be writing to you on this subject. We understand that Outer Wessex County Council and the Wessex Regional Assembly may also be raising objections. Please inform us of your final decision. Yours faithfully, name cc. Regional Director, Government Office for the [insert name of your region here] 10

12 Glossary Development plan The approved or adopted statutory land use and spatial plans for an area. The development plan sets a local planning authority s policies and proposals for the development, conservation and use of land and buildings in the authority s area. Under the present planning system, the development plan will generally include the Structure Plan prepared by the county council, the Local Plan prepared by the district council and the Minerals and Waste Local Plans or the single unitary development plan prepared by unitary councils. The Planning and Compulsory Purchase Act 2004 replaces this system with a Regional Spatial Strategy prepared by the regional assembly and a Local Development Framework prepared by district or unitary councils. The development plan with its polices and proposals is the most important consideration for local planning authorities when they make a decision on a planning application. Local authority The administrative body that governs local services such as education, housing and social services. An umbrella term that could refer to any unitary authority or county, metropolitan or district council. Material consideration A factor which will be taken into account when reaching a decision on a planning application or appeal. Under Section 38 of the Planning and Compulsory Purchase Act 2004, decisions on planning applications must be made in accordance with the [development] plan unless other material considerations indicate otherwise. The courts ultimately decide what a material consideration is. However, case law gives a great deal of leeway to local planning authorities to decide what considerations are relevant, and how much weight should be given to them, each time they make a decision on a planning application. Any consideration which relates to the use or development of land is capable of being a material consideration, but other circumstances such as personal hardship and fears of affected residents can be considered in exceptional cases (the House of Lords in Great Portland Estates v. Westminster City Council [1985]). In practice, Government planning policy is often the most important material consideration other than the development plan. Government policy may also override the development plan if it has been both consulted on and published more recently. Regional planning body The body that prepares, monitors and reviews the Regional Planning Guidance for its region. In every English region this is now the regional assembly. The Secretary of State The Secretary of State is to the most senior Government minister responsible for the work of his or her department. The Government department responsible for planning is the Office of the Deputy Prime Minister. As a reflection of the political seniority of the Deputy Prime Minister in the present Government, planning decisions made by the Government are described as being in the name of the First Secretary of State for the Office of the Deputy Prime Minister. 11

13 Useful Publications Responding to Planning Applications Available for free from CPRE Publications. Call Monday to Friday 9.30am 5.30pm, free of charge, and ask for the publications department (or, if you re in London, dial ). Government circulars Government Circulars 07/99 (Town and Country Planning Directions 1999), 08/00 (Town and Country Planning Directions 2000) and 01/02 (Density Direction) can be downloaded from CPRE s Planning Help ( 12

14 Campaign to Protect Rural England The Campaign to Protect Rural England (CPRE) exists to promote the beauty, tranquillity and diversity of rural England by encouraging the sustainable use of land and other natural resources in town and country. We promote positive solutions for the long-term future of the countryside to ensure change values its natural and built environment. Our Patron is Her Majesty The Queen. We have 59,000 supporters, a branch in every county, nine regional groups, over 200 local groups and a national office in central London. Membership is open to all. Formed in 1926, CPRE is a powerful combination of effective local action and strong national campaigning. Our President is Sir Max Hastings. Campaign to Protect Rural England 128 Southwark Street London SE1 0SW Tel: Fax: info@cpre.org.uk Website: CPRE is a company limited by guarantee, registered in England, number Registered charity number: September 2004