Plan Making. Simon Richardson Development Manager Town and Parish Council Training Wednesday 22 nd March 2017

Transcription

1 Plan Making Simon Richardson Development Manager Town and Parish Council Training Wednesday 22 nd March 2017

2 Contents Planning policy structure and relationships between documents National Planning Policy Framework (NPPF) Joint Core Strategy Part 1 Local Plan Site Specific Part 2 Local Plan Neighbourhood Plans

3 The Planning Policy Structure National Planning Policy Framework (NPPF) The Development Plan Local Plan Joint Core Strategy (Part 1) Other Development Plan Documents (Part 2) Neighbourhood Plans National Planning Practice Guidance (NPPG) Supplementary Planning Documents

4 Relationship between Development Plan Documents Part 1 (JCS) provides strategic planning policies, outlining a big picture Part 2 (SSP2) is to provide local planning policies, and add more detail where necessary Part 1 and Part 2 should be intrinsically linked, to read as one Local Plan Neighbourhood plans make important local contributions to the Development Plan

5 National Planning Policy Framework 1. Presumption in favour of sustainable development, development which is sustainable should be approved without delay 2. Meeting the needs of the present without compromising the ability of future generations to meet their own needs guiding principles i. living within the planet s environmental limits ii. ensuring a strong, healthy and just society iii. Achieving a sustainable economy iv. Promoting good governance v. Using sound science responsibly 4. To achieve sustainable development, economic, social and environmental gains should be sought jointly and simultaneously through the planning system

6 What is the Joint Core Strategy (JCS)? Part 1 of the North Northamptonshire Local Plan setting out strategic policies and proposals to Prepared by JPU reporting to the Joint Planning Committee Adopted July 2016 To be taken forward in more detail in Part 2 Local Plans i.e. Kettering Borough Site Specific Part 2 Local Plan

7 What s in the JCS? Vision & Outcomes Key Diagram Core Policies (Section A) Spatial Policies (Section B) Development Principles for Strategic Sites (Section C) Monitoring & Implementation Framework (Section D)

8 Site Specific Part 2 Local Plan The Part 2 Local Plan will: make smaller scale housing and employment allocations define settlement boundaries develop a series of green infrastructure projects to deliver a broader strategy allocate historically and visually important local green space strengthen open space and recreation/playing fields provision allocate pitches to meet gypsy and traveller need provide policies to enhance the vitality and viability of our Market Town centres

9 Sustainability Appraisal (SA) Sustainability Appraisal - how sustainable is our plan? An essential part of the planmaking process. Legal requirement. Needs to be integrated into the various stages of plan making. Provides you with evidence, helps to test the evidence and helps with developing options, it can't just be done as a 'looking back' exercise at the end.

10 Housing site assessments

11 Site Specific Part 2 Local Plan Consultation Consultation is an important part of plan making The Council is building its evidence base, on which a Draft Plan for Consultation will be built An extensive consultation strategy will be set to seek to actively engage with local communities Responses to the consultation will be appraised, and a redraft published in the form of a Pre-Submission consultation draft Further appraisal will be made of the Pre-Submission responses before the Plan is Submitted to the Secretary of State for Examination The Inspector will review all submissions and select Matters for Discussion at Examination opportunity to provide further evidence and/or participate

12 Site Specific Part 2 Local Plan Timetable: Timetable Draft Plan for consultation June/July 2017 Pre-Submission consultation October/November 2017 Submission January 2018 Examination April 2018 Inspector s Report July 2018 Adoption - September 2018

13 Relationship with Neighbourhood Plans Status of Neighbourhood Plan Part of the Development Plan (when Made) Scope of Neighbourhood Plans Whatever you want them to cover Can allocate land for development and provide extra policy detail, but not repeat JCS Difference between Parish Plans and Neighbourhood Plans Role of Neighbourhood Plans To provide policies to plan the future of your areas

14 Where do Neighbourhood Plans fit in? Need to be in conformity with the Local Plan strategic local policies Conflicting policies? Neighbourhood Plans should not be about stopping development

15 What weight to be given to each stage of the Plan? Stage of preparation Extent of unresolved objections Degree of consistency with policies in the NPPF

16 Do we want to prepare a Neighbourhood Plan? Advice is out there Would seem a challenging experience, esp. when it comes to evidence gathering and plan writing Support is available: KBC advice Funding for expertise via Locality Health check advice available ahead of Examination

17 Any questions on plan making?

18 Responding to Consultations Louise Holland Development Manager Town and Parish Council Training Wednesday 22 nd March 2017

19 Types of Consultation Plan-making e.g. Part 2 Local Plan early engagement in the process Planning applications Developer-led engagement (before applications submitted)

20 Why Consult? Legislative requirement DMPO/Planning Regulations. Statement of Community Involvement Important source of local knowledge, history and experience. Knowledge of site-specific issues. For major planning applications S106 projects for consideration.

21 Key Types of Application (1) Consulted upon: Outline principle of development Reserved Matters the detail that follows outline Full applications Listed building consent S73 Variation/removal of condition S73A Retrospective and many other application types Officers are happy to help with questions

22 Key types of Application (2) Not consulted upon: Certificates Non-material amendments EIA screening NCC Consultations HPD larger home extensions (immediate neighbours are notified) Approval of Conditions

23 What do you receive?

24 Responding to Planning DMPO Article 25 Applications 21 days (statutory period) Important to make comments in time Extensions to 21 days: committee dates/expiry dates have to be considered. LPA must determine within 8 weeks/13 weeks (majors)/16 weeks (EIA development).

25 LPA Duty Development Plan for Kettering Borough: Joint Core Strategy (Part 1 Local Plan) Area Action Plans (e.g. KTC) Saved Local Plan policies Minerals and Waste Local Plan Will also include, when adopted, Part 2 Local Plan (Site Specific) and Neighbourhood Plans LPA - duty to determine applications in accordance with the Development Plan unless other material considerations outweigh this

26 Material Planning Considerations What are? What are not? Policy Previous appeal decisions Principles of case law Loss of sunlight Overshadowing Loss of privacy/overlooking Highway issues Noise/disturbance Smells and fumes Design/layout Loss of/effect on trees Infrastructure capacity And many more Matter covered by other legislation Private issues between neighbours e.g. boundary disputes/covenants Loss of view Loss of property value Opposition to business competition Opposition to principle where there is outline permission

27 Advice on Responding Focus on material planning considerations Be as specific as possible/evidence Questions/queries? seeking clarification early may resolve issues/alter views Committee or delegated? If committee and made comments RTS

28 Conclusions Engage at all stages Early engagement is positive Talk to officers if need to Think about material considerations 21 day date is important

29 Any questions?

30 Planning Enforcement Practice in Kettering Borough Council Peter Chaplin Development Manager Town and Parish Council Training Wednesday 22 nd March 2017

31 Outline What is development; What is a breach of planning control; Principles of good practice What we aim to achieve Local practice Conclusions and questions

32 Hitting the (planning) headlines

33 What is development? Town and Country Planning Act 1990 s55 except where the context otherwise requires- the carrying out of building, engineering, mining or other operations in, on, over or under land, OR the making of any material change in the use of any buildings or other land

34 What is a breach? Undertaking development without approval Other works or actions subject to control When is a breach illegal? What is not a breach of planning? Discretionary Types of enforcement powers

35 Principles of good practice and effective enforcement Fair decision making Consistency: case by case Try and resolve informally Proportionality Robust evidence

36 Image from: Town and Country Planning Act 1990 Section 215 Best Practice Guidance What we aim to achieve

37 The Practice Reporting alleged breaches Follow up: breach or no breach; or is it expedient to enforce When action needs to be taken: possible tools Complications and the legal process Rights of appeal Communication

38 Other powers:tpo

39 Conclusions and questions The principles of good practice Responding to alleged breaches Communication Any questions?