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Councillor Briefing: Local Plans and Plan making
- 1. Local Plans and Plan Making www.pas.gov.uk
- 2. What is PAS ? • PAS is a DCLG grant-funded programme but part of the Local Government Association • Governed by a ‘sector led’ board • 11 staff – commissioners, generalists, support “PAS exists to provide support to local planning authorities to provide efficient and effective planning services, to drive improvement in those services and to respond to and deliver changes in the planning system”
- 3. Objectives To introduce you to •the key components of plan-making •the issues that need to be addressed in order to help your planning authority get a robust plan in place as soon as possible •your role in the process
- 4. This presentation will cover • Plan making policy context • The role of your local plan • Developing a sound plan • Key policy issues • Viability • Engagement • Examinations • A councillors role
- 5. Why good plan-making matters Having a robust Local Plan in place helps to: •Move from plan-making to place-shaping; •Provide certainty for communities and developers; •Focus council on delivery; •Access more funding and attract investment; •Manage conflict!
- 6. • national policy • National Planning Policy Framework (NPPF) • National Policy Statements • G&T policy • Planning Practice Guidance • local policy • development plan • neighbourhood policies • neighbourhood plans Planning in England is policy-led
- 7. NPPF and planning • The NPPF explicitly states planning’s principal role as being to help achieve sustainable development • “At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan making and decision taking”
- 8. Key principles of the NPPF • Local plans should: “meet objectively assessed needs, with sufficient flexibility to adapt to rapid change” NPPF
- 9. Unless…. • “…any adverse impacts of allowing development would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole” NPPF Remember – still a presumption in favour of the plan
- 10. Duty to Cooperate • Introduced by Localism Act • New tool for delivering strategic planning at local level • Requires councils and public bodies • to engage constructively, actively and on an ongoing basis in relation to planning for strategic issues • work collaboratively to ensure that strategic priorities across local authority boundaries are properly coordinated and clearly reflected in individual Local Plans
- 11. Complying with the Duty • “The Government expects joint working on areas of common interest to be diligently undertaken for the mutual benefit of neighbouring authorities” NPPF • “Cooperation should be a continuous process of engagement from initial thinking through to implementation, resulting in a final position where plans are in place to provide the land and infrastructure necessary to support current and projected future levels of development” NPPF
- 12. Local Plans “Local Plans are the key to delivering sustainable development that reflects the vision and aspirations of local communities. Planning decisions must be taken in accordance with the development plan unless material considerations indicate otherwise” National Planning Policy Framework
- 13. Neighbourhood planning • Localism Act introduced new right for communities to draw up neighbourhood plans • “Neighbourhood plans must be in general conformity with the strategic policies of the Local Plan. To facilitate this, local planning authorities should set out clearly their strategic policies for the area and ensure that an up-to-date Local Plan is in place as quickly as possible” NPPF
- 14. Local plans • set out a vision and a framework for the future development of the area • set out a vision and a framework for the future development of the area • guide decisions about individual development proposals • the starting-point for considering whether applications can be approved
- 16. Implications / risks of not having an up-to-date Local Plan in place • Difficult to defend inappropriate development • Priority in favour of ‘sustainable development’ • Increased ‘planning by appeal’ likely
- 17. Developing a sound plan Address the key priorities for the area Plan positively Develop a robust and credible evidence base Co-operate with neighbouring areas Focus on reasonable alternatives Undertake comprehensive Sustainability Appraisal Stakeholder engagement Viable and deliverable in practice
- 18. The role of Members • You have a vital leadership role to play to produce a robust Local Plan for your area that has buy in from all parties • Key challenge is to listen to the views and aspirations of your constituents and balance this with the professional advice of your planning staff in order to plan for, and meet, the development needs of your area
- 19. The Local Plan Local Plan Supplementary Planning Documents Annual Monitoring Report Proposals Map Site Specific AllocationsCore Strategy Local Development Scheme Statement of Community Involvement Area Action Plans Sustainability Appraisal
- 20. What should the plan contain? Vision Strategic objectives Delivery Strategy Managing and monitoring How much development should there be? Where should development go? When should development happen? By what means will the development be delivered?
- 21. Robust and credible evidence base • “Each local planning authority should ensure that the Local Plan is based on adequate, up- to-date and relevant evidence about the economic, social and environmental characteristics and prospects of the area” NPPF
- 22. Evidence base (examples) • Strategic Housing Needs Assessment (SHMA) • Strategic Housing Land Availability Assessment (SHLAA) • Authority Monitoring Report • Five Year Land Supply Assessment • Affordable Housing Economic Viability Assessment • Employment land review • Transport Assessments • Retail assessment • Renewable and Low Carbon Energy Study • Strategic Flood Risk Assessment • Landscape and Settlement Character Assessment • Green Belt Review
- 23. Prioritising evidence gathering • “Wherever possible the local planning authority should consider how the preparation of any assessment will contribute to the plan’s evidence base” NPPF
- 24. Meeting housing need • “LPAs should use their evidence base to ensure that their Local Plan meets the full, objectively assessed needs for market and affordable housing in the housing market area” NPPF Source: www.guardian.co.uk
- 25. Objectively Assessed Need • the LPA is responsible for identifying the housing requirement for its area, as part of the wider Housing Market Area through its Strategic Housing Market Assessment (SHMA) • the plan sets out the level of provision to be made and requirement and provision must be rooted in evidence • the provision made in the plan can be less than the identified requirement, but the planning authority will have to provide substantive justification for this approach
- 26. SHLAA • The Strategic Housing Land Availability Assessment (SHLAA) should be the key document to demonstrate the deliverability of the housing strategy in the plan, it should: – Identify the availability of sites with potential for housing – Assess their suitability for housing – Assess likely economic viability of land to meet identified housing need
- 27. 5 year housing land supply • LPAs must identify and keep up-to-date a deliverable five year housing land supply • in the absence of a plan and / or a five year supply, the Council is prone to predatory planning applications • the presumption in favour of sustainable development is at the heart of the Framework, it means permission should be granted unless any adverse impacts would significantly and demonstrably outweigh the benefits
- 28. Green Belt Local planning authorities with Green Belts in their area should establish Green Belt boundaries in their Local Plans which set the framework for Green Belt and settlement policy. Once established, Green Belt boundaries should only be altered in exceptional circumstances, through the preparation or review of the Local Plan. At that time, authorities should consider the Green Belt boundaries having regard to their intended permanence in the long term, so that they should be capable of enduring beyond the plan period.” NPPF 2012 Current extent of green belt in England
- 29. Role of the Green Belt • to check the unrestricted sprawl of large built up areas • to prevent neighbouring towns from merging into one another • to assist in safeguarding the countryside from encroachment • to preserve the setting and special character of historic towns • to assist in urban regeneration by encouraging the recycling of derelict and other urban land NPPF 2012
- 30. Sustainability Appraisal • How sustainable is our plan? • Undertake SA at key stages in the plan- making process
- 31. Viability and deliverability • “Pursuing sustainable development requires careful attention to viability and costs in plan-making and decision-taking. Plans should be deliverable.” NPPF
- 32. Ensuring viability and deliverability • For plan-making, this means: Ensuring that the cumulative impact of local standards and policies - when added to nationally required standards - does not put implementation of plan at risk
- 33. Whole Plan Viability Source: ‘Viability Testing Local Plans: advice for planning practitioners’, Local Housing Delivery Group
- 34. Wish list of discretionary policies
- 35. Stakeholder engagement • Requirement of planning legislation • Helps to create more realistic & deliverable plans • Views & knowledge of community form an important part of the Local Plan evidence base
- 36. Who to engage? • Neighbouring Planning Authorities: DtC • Regulatory agencies: The Environment Agency, English Heritage, Natural England • Physical infrastructure delivery agencies: highways authority, Highways Agency, utilities companies, Network Rail, public transport providers, airport operators • Social infrastructure delivery agencies: local authority education dept, social services, primary care trust, strategic health authority, the Police, charities/NGOs • Major landowners including the local authority itself and government departments and agencies • Housebuilders and other developers • Minerals and waste management industries
- 37. How to engage? • Early and continuous engagement • Understand the organisation • Identify responsible individuals • Invest in creating partnerships • Find out what others feel the Local Plan can do for them • Use interactive sessions
- 38. Engagement challenges • Ensuring early and constructive engagement with neighbouring authorities • Engaging communities and developers on strategic issues • Ensuring agencies will deliver • Involving ‘hard to reach’ groups • Balancing ‘breadth’ and ‘depth’ of engagement • Making best use of resources
- 39. Examination • “The Local Plan will be examined by an independent inspector whose role is to assess whether the plan has been prepared in accordance with the Duty to Cooperate, legal and procedural requirements, and whether it is sound” NPPF
- 40. NPPF Soundness Test • Evidence demonstrating your plan is: - Positively prepared - based on a strategy that seeks to meet needs and requirements of neighbouring LPAs - Justified - most appropriate strategy, when considered against reasonable alternatives, based on proportionate evidence - Effective - deliverable over its period and based on effective joint working on cross-boundary strategic priorities - Consistent with the NPPF - enable the delivery of sustainable development
- 41. The role of Members • You have a vital leadership role to play to produce a robust Local Plan for your area that has buy in from all parties • Key challenge is to listen to the views and aspirations of your constituents and balance this with the professional advice of your planning staff in order to plan for, and meet, the development needs of your area
- 43. Contact PAS email pas@local.gov.uk web www.pas.gov.uk phone 020 7664 3000
Notas del editor
- Updated April 2015 This is an introductory presentation for councillors new to work on the local plan. There are other councillor briefings on our website that go into more detail on certain aspects of local plan processes This is a long presentation, but is intended for you to dip in and out of to use the most relevant aspects for your needs.
- Sets a development framework which identifies the types of development the Council will support, where and when
- Planning reform National Planning Policy Framework (NPPF) and Planning Practice Guidance (PPG) Abolition of Regional Spatial Strategies : local authorities now responsible for strategic planning and determining housing numbers Localism Act including the Duty to Cooperate Local Plans Neighbourhood planning
- NPPF emphasises that sustainable development should be about positive growth – making economic, environmental and social progress for this and future generations
- More about OAN for housing but be clear ‘Needs’ isn’t just about housing but refers to the full range of a community’s needs (business, transport, leisure, retail, open space provision etc.)
- While NPPF is strongly pro growth it does allow for exceptions where there are conflicts with other policies e.g. green belt Emphasise point that where LPA cannot meet identified needs, they must use robust evidence to justify why this is – will cover in more detail below
- New legal requirement under the Localism Act and policy requirement under the NPPF Aims of the Duty : - Address issues that are larger than local - Provide clear strategic planning context to secure investment for strategic infrastructure - Align development priorities with investment It about “Strategic planning in the context of localism” or ….. Strategic planning from the bottom up Lots of early misunderstanding about what the Duty means in practice – focus on the procedural requirements to ‘pass’ at examination Wide spread perspective that the duty was all about procedure and an issues for the planners. Successful strategic planning requires political and corporate leadership and ownership from the outset.
- At examination, to be found sound, your local plan will need to satisfy legal and policy tests Both the Duty and the NPPF give limited guidance on how cooperation will be judged, however it’s critical that earlier on you consider how you and your partners will demonstrate compliance with both tests. In order to comply with the duty (and thus have their Local Plan adopted), LPAs must be able to demonstrate that they satisfy both tests Cooperation works two ways – situations may arise where agreement on shared policy outcomes cannot be reached. Where this is the case, PINS are likely to consider extent to which request to co-operate was ‘reasonable’ based on the evidence. If the deliverability of the plan is dependent on a reasonable request for co-operation by the plan-making body that is not forthcoming, the plan may still be found unsound unless some form of working arrangement can be brokered. Degree of formality of arrangements will vary and depend on the number and type of issues. Examples: Plans/policies prepared by a joint committee Memorandum of understanding Jointly prepared strategy presented as evidence of an agreed position (e.g. South Hampshire Strategy) Representations from adjoining LPAs etc. Statement of Common Ground / compliance Shared evidence base
- Clear message from Government that it wants planning system to be plan-led Decisions made on planning applications must be made on the most up to date planning policy for that area Local plans should “meet objectively assessed needs, with sufficient flexibility to adapt to rapid change”
- Neighbourhood planning gives communities direct power to develop a shared vision for their neighbourhood and shape the development and growth of their local area. Communities are able to choose where they want new homes, shops and offices to be built, have their say on what those new buildings should look like and what infrastructure should be provided, and grant planning permission for the new buildings they want to see go ahead. A neighbourhood plan should support the strategic development needs set out in the Local Plan and plan positively to support local development – it is not about stopping development. Its not a requirement but an opportunity for communities to shape development in their areas Benefits – set ground rules for development in area, more control over design, layout and conservation of heritage/local character… Introduction of additional voluntary Neighbourhood Planning processes e.g. Community Right to Build, Neighbourhood Development Orders A ‘meaningful proportion’ of any CIL monies collected by a LPA to go to the community to be spend to for community benefit.
- National planning policy places Local Plans at the heart of the planning system They address the needs and opportunities in relation to housing, the economy, community facilities and infrastructure – as well as a basis for safeguarding the environment, adapting to climate change and securing good design. They are the starting-point for considering whether applications can be approved. It is important for all areas to put an up to date plan in place to positively guide development decisions.
- Local / Strategic Plans (April 2015) Number of LPAs Percentage of (336) LPAs Not Published 64 19% Published 272 81% Submitted to SofS 262 78% Found Sound 214 64% Adopted 214 64%
- More ‘planning by appeal’? – recent Home Builders Federation statement - increased drive to challenge local plans at examination where they don’t consider the LPA to be meeting housing need Where there is no local plan for an area or where relevant policies are out-of-date, the NPPF states that permission should be granted unless any adverse impacts outweigh the benefits, or other policies indicate otherwise, when assessed against the NPPF (paragraph 10). policies in plan that are out of date (by not addressing current housing requirements for instance) are not given weight by Inspectors
- Some areas have Core Strategies and other DPDs as required by earlier legislation. The NPPF focuses on the preparation of Local Plans. All adopted DPDs will make up your local plan Diagram shows how the various documents fit together – you don’t need to do them all but some are mandatory. Government has emphasised that SPDs should only be produced where absolutely necessary.
- NPPF requires that Local Plans should “plan positively for the development and infrastructure required in the area” Local Plans should “reflect a collective vision and a set of agreed priorities for the sustainable development of the area”Local Plans should be “aspirational but realistic” “Local Plans should set out the opportunities for development and clear policies on what will or will not be permitted and where. Only policies that provide a clear indication of how a decision maker should react to a development proposal should be included in the plan” The policies in your plan should cover the homes and jobs needed in the area” “the provision of retail, leisure and other commercial development” “the provision of infrastructure” “the provision of health, security, community and cultural infrastructure and other local facilities” “climate change mitigation and adaptation, conservation and enhancement of the natural and historic environment, including landscape”
- AMR requirements changed under Local Planning Regs 2012 – monitoring is now expected to be a continuous process, with expectation that monitoring information should be published by LPAs as soon as practical
- NPPF places significant emphasis on establishing a proportionate evidence base for plan making (i.e. assessments that will add value to evidence base and decision making), however degree of guidance on evidence gathering in the NPPF is variable across policy areas LPAs should consider what evidence could be prepared jointly and what could be prepared by other organisations
- Meeting housing need will be at the heart of your local plan The removal of the regional tier of planning (Regional Spatial Strategies) and regional housing targets means that the responsibility for planning for housing need lies with the local authority, (supported by neighbourhood planning), working with neighbours under the duty to co-operate.
- Strategic Housing Market Assessment (SHMA) - identifies the scale and mix of housing and the range of tenures that the local population is likely to need over the plan period The onus is now on LPAs to objectively assess and identify local housing needs and to provide adequate sites to address this. Inspectors require a SHMA based on the HMA to ensure that a plan is up-to-date and NPPF compliant. Evidence must demonstrate the housing needs of the wider area and the SHMA must take into account whether there may be needs from surrounding LPAs that should be accommodated, at least in part, within the LPA The level of housing provision made in the Local Plan can be different from the housing requirement, however the housing target/level of housing provision must be fully justified and backed by robust evidence.
- SHLAA enables you to establish realistic assumptions about the availability, suitability and the likely economic viability of land to meet the identified need for housing over the plan period.
- To help boost the supply of housing, the NPPF requires local planning authorities to identify and keep up-to-date a deliverable five year housing land supply. LPAs must be able to demonstrate the expected rate of housing delivery and how housing targets will be met (NPPF paragraph 47). Without this, even recently adopted planning policies for the supply of housing will be considered out of date (NPPF para 49). The message is clear, if you don't have a deliverable five year housing land supply, you are at risk, even if you have a recently adopted Core Strategy / Local Plan. Experience is showing that at S 78 appeal, Inspectors are not giving weight to housing policies in a plan if there is no 5 year housing land supply in the area.
- National planning policy has always provided for change to the Green Belt to be made through development plans The case for change exists in any case where the development requirement exceeds what can be satisfactorily and confidently delivered within the urban areas, and green field land will be needed, some of which is Green Belt. This need constitutes ‘exceptional circumstances’ Green Belt is not sacrosanct
- Much of the land designated as Green belt is ‘urban fringe’ and is it is a valuable resource eg giving opportunity for outdoor recreation to large numbers of people in urban areas - if publicly accessible and positively managed. Green belt land is generally not an area a special or sensitive landscape character. Most Green Belt was established 40 or more years ago and has not been objectively considered since We are now facing a critical under provision of housing and places cannot remain unchanged yet meet modern needs and expectations. The presence of Green Belt inhibits rational decision processes about the location of development Now only local plans to deal with Green Belt change. Local plans must be ‘positively prepared’ and as part of that approach they can take the opportunity to see if the Green Belt is appropriate and / or make changes to the Green Belt, where ‘exceptional circumstances’ exist. When drawing up or reviewing Green Belt boundaries local planning authorities should take account of the need to promote sustainable patterns of development – it could be that the most sustainable locations for new development may be in the Green Belt Reviewing the Green Belt - Local planning authorities should work collaboratively with other bodies to ensure that strategic priorities across local boundaries are properly coordinated and clearly reflected in individual Local Plans’ must be undertaken comprehensively must include an assessment of the contribution keeping land open makes to the 5 purposes of Green Belt to justify use for development through the Local Plan assessment needs to take account of sustainability issues - such as accessibility and environment assets
- The local plan is about delivering sustainable development and the LPA must carry out an appraisal of the sustainability of the proposals. A sustainability appraisal (SA) will help the authority to assess how the plan will contribute to the achievement of sustainable development. It appraises the economic, environmental, and social effects of a plan from the outset of the preparation process The SA will influence how the LPAs decides on it development strategy, planning policy and site allocations
- NPPF has placed stronger emphasis on viability in plan-making - it calls for balance between sustainable development which benefits the local community and realistic returns for land owners and developers, so that development is commercially viable. Role of viability testing is to help ensure total plan viability i.e. that plan is deliverable.
- Plans should facilitate the creation of sustainable development, not hinder it NPPF: “To ensure viability, the costs of any requirements likely to be applied to development, such as requirements for affordable housing, standards, infrastructure contributions or other requirements should, when taking account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable.” Sites allocated for development in a Local Plan have to be viable (capable of providing competitive return) when all costs and values taken into account, including: identified infrastructure requirements payments due under CIL and s106 effect of plan policies, such as affordable housing and sustainable construction
- Plan viability is about balancing the requirements of policy v market conditions and other factors impacting development.
- Input of communities should help influence shape and direction of Local Plan. Benefits from engagement Address conflicts early on Build wider sense of plan ownership Local people = local area experts
- Should aim to ensure that every effort has been made to ensure that strategic issues are properly addressed at the formative stages of the plan preparation process, and that any major disagreements are resolved well before the examination. Not doing so is likely to result in delay and uncertainty, with the potential of your Plan being found unsound. You need to be able to convince the inspector that you are able to deliver a sound plan and that you have done sufficient work on the ‘show stoppers’ with the relevant partners to deliver your plan. Explain what stage you are at on each of your strategic issues, what has been achieved, what is still to be achieved to reach you goal and the implications if you don’t, and in case of the latter be ready with your Plan B.
- Inspectors require Local Plans to provide compelling and logical links between an up-to-date evidence base and the policies that plans include - NB: this is important both for the examination of the plan and for appeals of specific development proposals post plan adoption. Highlight importance of the need for LPAs to meet requirements of DtC during plan preparation – cannot be remedied post submission (demonstrated by Coventry Core Strategy Examination).
- To recap ….