Making use of Planning Policy Statement 12: Local Spatial Planning (PPS12)

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1 Making use of Planning Policy Statement 12: Local Spatial Planning (PPS12) A CPRE campaign briefing October, In June 2008, the Government published a revised Planning Policy Statement 12: Local Spatial Planning (PPS12). 1 This replaces PPS12: Local Development Frameworks (2004). The Government revised this policy because of the length of time it was taking planning authorities to prepare sound plans among other concerns. 2. This briefing summarises key changes and suggests how you can use this policy as an effective tool for protecting the countryside in your local area. Annex I summarises how the planning process will now operate at the local level following changes to the Town and Country Planning (Local Development) (Amendment) Regulations that came into force on the 27 th June Background 3. Local plans and policies are vital tools for protecting the beauty and tranquillity of the countryside. They provide a basis for decisions to be made in the light of local needs and circumstances and for securing consensus over the location, scale and nature of development. Local plans should set out how an area will respond to development needs, e.g. for homes, employment, schools and recreation. They should also set out how impacts on landscape, infrastructure, water, biodiversity etc. arising from development will be addressed. 4. It is four years since the Planning and Compulsory Purchase Act 2004 came into force. Among the changes brought about by the Act, was a requirement for local planning authorities to prepare a new type of plan, known as a Local Development Framework (LDF). Instead of preparing a single plan, local planning authorities are required to prepare a suite of local development documents, the most important of these being the Core Strategy. 5. CPRE has welcomed some aspects of the new approach. We particularly welcome the emphasis on having a strong evidence base, locally distinctive plans and a broader spatial approach which goes beyond traditional land-use planning. We have been concerned from the outset, however, by the complexity of the new system, and have questioned the ability of already overstretched planners, let alone the public, to implement and use it. 1 PPS12 (Local Spatial Planning), Department of Communities and Local Government (DCLG), June 2008 (available from: 2 The Town and Country Planning (Local Development) (Amendment) Regulations 2008 (available from: 1

2 6. In practice, local authorities have struggled with the new system. In June 2008, of 363 planning authorities in England, only 8 per cent had adopted their LDF Core Strategy. 7. From 23 September 2007, local plans became invalid, except for those adopted under transitional arrangements after the Planning and Compulsory Purchase Act came into force. Planning authorities were given the option of applying to the Secretary of State to save policies, thus allowing them to remain in force for a limited period until the Local Development Framework is in place. Most authorities have done this and have successfully saved some policies; but without a centrally held record, no-one knows how many policies have been lost or what effect this will have on local planning decisions. 8. The Government has said that by March 2011 local planning authorities should have adopted the necessary Development Plan Documents (DPDs), to bring forward developable land for housing in line with PPS3. There has been little guidance on what is expected in connection with the other important functions of local planning. Summary of key changes 9. The key changes in the revised PPS12 and regulations can be summarised as follows: a single plan-preparation stage replaces the preferred option stage, and the issues and options stage, on which consultation should be proportionate to the scale of the issues concerned ; local planning authorities have been given more freedom to decide who, how and when they consult and what DPDs they prepare; consultation on submission draft DPDs will take place before the Independent Examination for a minimum of six weeks rather than for a fixed period of six weeks; LDF soundness tests are presented in a clearer way in relation to sections 20(5)(a) and 20(5)(b) of the 2004 Planning and Compulsory Purchase Act. Soundness is the criteria upon which development plan documents are determined at an independent examination; the LDF Core Strategy is allowed to contain strategic land allocations; local planning authorities are expected to prepare fewer DPDs; sustainable community strategies, local area agreements and LDFs are to be closely integrated with a stronger role for local strategic partnerships; 3 Supplementary Planning Documents no longer need to link to a DPD or be listed in the local development scheme; the principles for infrastructure delivery are outlined, incorporating the provision for a new Community Infrastructure Levy by spring 2009; and the lifespan of core strategies is extended from 10 to 15 years. 3 CPRE national office are publishing a separate draft report on the wider reforms in local government policy and its impact on the LDF alongside this briefing 2

3 Step-by-step: how to use PPS12 to protect the countryside 10. The current situation concerning local planning is serious, since without adopted LDFs there can be no plan-led system a system which CPRE has strongly supported. Although plan-making has been simplified in the revised PPS, a major drawback of the new arrangements is that it may prove more difficult to adopt robust local policies tailored to local circumstances. Yet, without these it is difficult to see how plans can be effective and responsive at the local level. Making the case for local policies, led by agreed objectives and supported by clear evidence, will be crucial. 11. The following step-by-step guide suggests how you can use this policy as an effective tool for protecting the countryside in your local area. Step 1: Get your local planning authority to involve you from the outset 12. PPS12 gives local planning authorities more freedom to decide who they consult with and how they do it. They are expected to follow the Government s principles for community engagement (listed below) when preparing their Core Strategy and other DPDs and show how they will be applied in a Statement of Community Involvement. Paragraph 4.20 of PPS12 sets out these principles. It states that community involvement should be: appropriate to the level of planning; from the outset leading to a sense of ownership of local policy decisions; continuous part of ongoing programme, not a one-off event, with clearly articulated opportunities for continuing involvement; transparent and accessible using methods appropriate to the communities concerned; and planned as an integral part of the process for making plans. 13. A major weakness of PPS12 is that a section addressing key stakeholders and deliverability (paragraphs 4.27 to 4.29), makes no reference to the role of local communities. The implication is that local communities are not viewed as key stakeholders in the local plan-making process or as having a role in delivering the plan. We should challenge this omission. 14. It might help to highlight the benefits of full and open engagement in line with the approach set out in paragraph We should call for local voluntary groups, such as CPRE groups, and wider community representatives to be treated equally and fairly alongside other partners in the process. You could stress that it would be unwise to pursue a plan that does not engage with or address public concern early on as it will prove more costly and difficult to deliver in the long run. Communities who are effectively engaged from an early stage are more likely to feel a sense of ownership and commitment necessary for successfully achieving their LDF policies and proposals. 3

4 15. Ask your local planning authority how you can get involved and what steps it is taking to engage the community in preparing the LDF. Step 2: Seek early and open consultation 16. CPRE broadly welcomes the replacement of the issues and options and preferred options stages with a single plan preparation stage. This should reduce delay, costs and consultation fatigue. The number of formal consultation stages is reduced from three to two, the second being on the submission draft DPD which takes place prior to the Independent Examination. 17. Public consultation at the new plan preparation stage should happen as early as possible as this gives the greatest opportunity for participants to genuinely influence the plan making process before key decisions are taken. 18. If you find that early consultation during the plan preparation stage has been ineffective, it is important to be aware that you don t have to wait for the submission stage before making further comments. The three-stage consultation will remain a stringent requirement within the Sustainability Appraisal/Strategic Environmental Assessment process (see step 5) which will give you a route of redress in between the consultations carried out at the plan preparation and submission stages of the DPD process. 19. Regardless of whether the local planning authority decides to engage formally early or later in the process, it is vital that informal discussions are initiated and developed throughout. Step 3: Analyse the evidence base 20. Your local planning authority is required to ensure that plans are supported by a robust and credible evidence base. This continues to be a key test of soundness, as defined in paragraph 9 above. 21. Paragraph 4.45 of PPS12 states that soundness requires designated areas, such as protected wildlife sites and landscapes or sites of historic or cultural importance, to be accounted for. This requirement needs to be re-enforced at the local level. 22. But also ensure that the evidence base takes full account of both the quantitative and qualitative value of all environmental assets and not just those assets in designated areas. Paragraph 2.6 of PPS12 states that spatial planning provides a means of safeguarding the area s environmental assets, both for their intrinsic value and for their contribution to social and economic wellbeing. By including the terms intrinsic value and wellbeing, this policy supports the inclusion of qualitative values in the local evidence base and importantly justifies inclusion of our mapping work on tranquillity and intrusion. For example, the Isle of Wight District Council has included tranquillity as part of the evidence base within their emerging Core Strategy DPD and a number of other authorities have also acquired our datasets for the purpose of developing their LDFs. 4

5 Step 4: Challenge the conclusions 23. A key test of soundness is that the core strategy, and other DPDs, should be the most appropriate strategy when compared against reasonable alternatives. If a more sustainable outcome for the countryside can be reasonably achieved than what is offered within the plan then you should highlight these. There will be a far greater chance of success if robust and deliverable solutions are put forward early in the plan preparation stage, even if they are not taken up at that stage. 24. The following three recommendations might help you challenge a local planning authorities conclusions and suggest alternative solutions: a) Promote a plan-led approach for allocating and regulating the use of land 25. The newly revised PPS12 and supporting regulations places more emphasis on the core strategy, and underplay the role of the site allocations development plan document. This marks a move back towards the old-style local plan system of putting blobs on maps but with far less emphasis on local development control (or management) policies that informed officers what was and was not acceptable within each blob when determining planning applications. 26. To discourage speculative applications for the development of land, we should promote an effective plan-led framework. So the key question to ask when developing your response is whether the draft plan will be clear about the types of development that are acceptable and where they are acceptable. Hambleton District Council s adopted development policies strategy may set a useful precedent for other authorities to follow. 4 b) Take advantage of the wider policy context 27. Consistency with national policy is another key test of soundness. When you respond to consultations at either the plan preparation or submission stage of the process, refer to the Government s overarching vision for planning: PPS1: Delivering Sustainable Development. You can also draw on other relevant material such as the Government s Public Service Agreement (PSA) 7, which states that sustainable growth (is) economic growth that can be sustained and is within environmental limits (page 3) For example, PPS1 states that planning should facilitate and promote sustainable and inclusive patterns of urban and rural development by: making suitable land available for development in line with economic, social and environmental objectives to improve people s quality of life; contributing to sustainable economic development; protecting and enhancing the natural and historic environment, the quality and character of the countryside, and existing communities; ensuring high quality development through good and inclusive design, and the efficient use of resources; and 4 Hambleton District Council s adopted Development Policies DPD is available from: 5 Public Service Agreement 7, HM Government, October 2007 (available from: 5

6 ensuring that development supports existing communities and contributes to the creation of safe, sustainable, liveable and mixed communities with good access to jobs and key services for all members of the community. 29. On the other hand, paragraph 4.33 of PPS12 unhelpfully states that plan making resources are scarce and need to be concentrated on those tasks which only the core strategy can achieve especially the coordination of the delivery of development and the accompanying infrastructure. Should your local planning authority pay too much attention to this statement, you should point out that such a narrow focus could undermine all of the objectives listed above. Explain that PPS1, the Government s overarching planning policy, makes it clear that plans should aim to integrate economic, social and environmental objectives. 30. Where there are conflicts within national planning policy statements or where national policy does not address particular local circumstances, encourage your local planning authority to develop its own consistent and coherent local planning framework based on local policies. As paragraph 4.32 of PPS12 states that there may be local reasons for having greater detail than national or regional policy provides for, local circumstances which suggest that a local interpretation of higherlevel policy is appropriate. PPS12 allows this approach to be taken provided it is justified by sound evidence and local circumstances. c) Use best practice examples to support your arguments 31. The Planning Advisory Service has produced an online plan-making manual (see which gives examples of what the Government considers to be good planning practice. 32. Flag up those good practice examples that seek to protect the countryside in your area as local authorities that are not as far through the process will be looking to take these ideas on board. CPRE national office will be developing a good practice guide of their own in due course. 33. Hambleton District Council in North Yorkshire is a rural authority which has been recognised as pursuing good practice in connection with its Local Development Framework. Its core strategy was adopted in 2007, a development policies strategy adopted in February 2008, and a supplementary planning document on rural affordable housing adopted in June It is worth noting that the authorities leading planner has recently been appointed as the Government s chief planner. Step 5: Scrutinise the approach to sustainability 34. European Directive 2001/42/EC (commonly referred to as the Directive on Strategic Environmental Assessment (SEA)) provides a formal legislative process for identifying and assessing the likely significant effects on the environment of certain plans and programmes, which include Local Development Frameworks. 6 6 Strategic Environmental Assessment, CPRE, July 2004 (available from: 6

7 35. In addition, the Planning and Compulsory Purchase Act 2004 placed a mandatory requirement on local planning authorities to undertake a Sustainability Appraisal of their Local Development Framework. This is an assessment that incorporates the requirements in the Directive but adds an obligation to consider social and economic impacts. 36. While the sustainability appraisal s recommendations only have to be considered by the local planning authority, compliance with the Directive remains a further important test of soundness. The local planning authority must provide sound reasons if it decides not to accept the recommendations of a sustainability appraisal. 37. In principle, recommendations put forward as a result of a sustainability appraisal should carry considerable weight over and above those put forward directly in a consultation response. The sustainability appraisal provides a mechanism for CPRE groups to secure the most sustainable outcome for the countryside. You can draw on legislative powers contained in the Directive to ensure that this outcome is given due consideration by the local planning authority. Step 6: Seek the appropriate use of Supplementary Planning Documents 38. Paragraph 6.2 of PPS12 clearly states that developers should not expect to prepare plans independently from the local planning authority and then have them adopted as Supplementary Planning Documents. You should use this statement to prevent developer-led plans from acquiring formal status in the planning process. 39. Disappointingly, PPS12 offers little encouragement for those preparing parish or community plans. However, paragraph 6.2 in PPS12 states that local planning authorities should pay close attention to the contents of non statutory parish and community plans as part of their community involvement. You could also argue that in considering these plans and supporting their preparation, the local planning authority would be fulfilling part of its responsibility for community involvement. 40. Alternatively, if your area is facing significant development pressures, you may choose to promote your parish or community plan more formally in the statutory planning process as an Area Action Plan DPD. Paragraph 5.4 of PPS12 recognises that these plans can provide an important planning framework for protecting areas particularly sensitive to change. Step 7: Make representations at submission stage 41. Be sure to make representations at the submission draft stage of the Local Development Framework. It is important to recommend at least one way that the plan can be improved in order to make it sound, as this should ensure that you will be invited to participate in the Independent Examination. Alongside any recommended changes you would like, it is important to explicitly support aspects of the LDF you think are good and to give reasons for your support. CPRE, October

8 Annex I: The Plan Making Process at the Local Level 789 Adopted Statement of Community Involvement DPD (see paragraph 4.26 of PPS12 for further details (as referenced on page 1 of this briefing)) Local Development Scheme (see paragraph 4.55 of PPS12 for further details) Supplementary Planning Documents (see paragraphs 6.1 to 6.3 of PPS12) Regional Spatial Strategy Sustainable Community Strategy Preparation of the Core Strategy DPD (see paragraphs 4.19 to 4.58 of PSS12) or other subsequent DPDs (see paragraphs 5.1 to 5.6 of PPS12) Evidence Base (see paragraph 4.37of PPS12 for further details) Formal Public Consultation (see section 25 of the Regulations (as referenced on page 1 of this briefing)) Publication of the Draft DPD (see section 27 of the Regulations) Sustainability Appraisal Representations on the Draft DPD (see section 28 of the Regulations) Submission & Independent Examination (see sections 30 and 31 of the Regulations) Adopted Core Strategy DPD or other subsequent DPDs Annual Monitoring Report (see paragraph 4.47 of PPS12 for further details) 7 The Regional Spatial Strategy process is detailed in PPS11: Regional Spatial Strategies, DCLG, September 2004 (available from: 8 A statutory duty on local authorities to prepare a Community Strategy was made in the Local Government Act of This was redefined as a Sustainable Community Strategy in the Sustainable Communities Act of There is no formal guidance on the process but each DPD should be informed by it. 9 The Sustainability Appraisal process is detailed in guidance on the Sustainability Appraisal of Regional Spatial Strategies and Local Development Documents, DCLG, November 2005 (available from: 8