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Country Land and Business Association

Planning and Housing

Planning and Housing

On planning, the CLA is the voice speaking for those who own land, representing their views to government ministries and consultative bodies. Some owners have one acre, others thousands. We represent them all. Often we are the only voice representing owners' in-depth understanding of their land's nature and problems.

Reform of the planning system is at the forefront of our work with central Government.

  • National planning policy statement reviews,
  • New development plan procedures,
  • Changes within the development management system.

We deal with the Department for Communities and Local Government, the Department for the Environment, Food and Rural Affairs, the Department for Transport and the Department for Business, Innovation and Skills on planning-related issues. 

The CLA  represents members on many working and steering groups and national fora, producing policy and good practice guidance for government policy. We give members detailed advice on all aspects of planning.

The CLA regional teams represent members on regional fora and with:

  • Regional Spatial Strategies,
  • Regional Housing Strategies,
  • Local Development Frameworks.

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Planning News

PENFOLD REVIEW OF NON-PLANNING CONSENTS - CALL FOR EVIDENCE - DEADLINE 10 FEBRUARY 2010

The Department for Business Innovation and Skills (BIS)/Better Regulation Executive have issued a call for evidence to the Penfold Review of Non-Planning Consents to which the CLA is responding. We need as much evidence as possible from CLA members so that we can submit by 10 February, 2010. A table is attached for case study evidence gathering purposes. Some evidence has been received - more is needed.

The review will only look at practice in England, and where appropriate, Wales. However, if Welsh members wish to provide Welsh case studies, please forward them as they would be useful for lobbying in Wales and depending on the extent of the evidence produced, we may include them in evidence in order to push for a similar review in Wales.

The Penfold Review is to focus on those ‘non-planning consents’ which have to be obtained alongside or after, and separate from, planning permission in order to complete a development. It will assess the impact of non-planning consents with a view to identifying areas where there is scope to support  streamlining the process to assist development investment. It is due to report its findings and recommendations in Spring 2010. The review is headed by Adrian Penfold – the current head of Planning and Environment at British Land – he is also a member of the British Property Federation with whom we have close contacts.

The Objectives of the review are to:

- provide evidence to the review team that enables them to gain an understanding of the non-planning consents environment and

- highlight key issues on which the review team should focus its attention with a view to issuing recommendations for improvement i.e. streamlining the process.

The types of “non-planning consents” on which evidence is required include:

  1. ‘Operating consents’ e.g. environmental permits (e.g. waste, water, reservoirs etc) and/or those associated with hazardous waste required to enable a development to start being used for its intended purpose
  2. Land acquisition and heritage consents, such as compulsory purchase orders, listed building and conservation consents;
  3. Road, rail and waterways consents, such as for changes to road or public footpaths, required after planning permission has been granted; and
  4. Building standards and health and safety consents, such as building controls and fire approvals.

Development types

We are encouraged to think widely about the impact of non-planning consents on different types of development, including building, engineering, mining and other operations as well as material changes to the use of buildings and other land.

Development size

The review recognises that all sizes of business are central to the future growth of the UK economy and is therefore looking for evidence from micro to large enterprises including agricultural businesses.

What the review will not consider

The review will not consider issues arising from the process of getting planning permission itself because it believes these were addressed in the Killian-Pretty Review.

But the review team will be interested in the interaction between the process of getting planning permission and the need to get other consents where this causes difficulties for developers so I would be interested in receiving evidence from members here as well e.g flood risk assessments, environmental impact assessments, bat/newt/owl/badger surveys etc.

The review will not consider development regimes that are the subject of recent legislative initiatives (e.g. Nationally significant infrastructure projects, marine developments etc), and it is seeking to avoid duplicating other projects already underway e.g. DEFRA’s review of the registration of town and village greens.

Supporting evidence

The supporting evidence should include, if possible the details of specific non-planning consents, the development in question and the impact of any problems encountered. Attached is a table that can be used by all to assist in providing the case study evidence. Members should email the form back to me Fenella.collins@cla.org.uk

The Review questions we are asked to answer, with supporting evidence, are:

Questions

  1. How important do you consider non-planning consents are in making decisions about whether to invest in development proposals
  2. When applying for non-planning consents, what obstacles do developers encounter in terms of a) administrative burdens; b) costs; c) uncertainty and risk in applying for; and d) the length of time associated with obtaining such consents Do any obstacles encountered have a particular impact on a specific sector, type of development or size of business Which obstacles cause most difficulty and why
  3. How do those seeking consents go about identifying what additional consents are needed alongside or after planning permission What difficulties do they encounter in doing so
  4. Can you give examples of investment options which have not been pursued, have been delayed or have otherwise significantly changed because of non-planning consents Which consents were integral to the decision to stop, delay or change the development Can you quantify the impact of the changes for the business affected
  5. What opportunities do you see for reducing a) the administrative burden; b) the cost; c) the uncertainty and risk in applying for; and d) the length of time associated with obtaining non-planning consents What action can regulators take to improve the service they give to developers when dealing with non-planning consents Which actions would bring greatest benefit and why
  6. Are there other relevant issues that the review should take into account

EU regulations

I already have a list of EU regulations that impact on farming that I expect to submit as part of the CLA evidence. If you have details of other EU regs that you think are relevant to this inquiry please forward details.

A report on Green Belts published by Natural England and the Campaign to Protect Rural England appears to suggest that established planning policy on Green Belts should be used to secure environmental aims by the back door. (January 28 2010)

www.cla.org.uk/News_and_Press/News_Archive/Environment/Environment/1001262.htm/

Community Infrastructure Levy

This levy is an extra sum which developers will have to pay towards the cost of local and sub-regional infrastructure. It is due to come into operation on 6 April 2010.

Local Authorities will be able to charge the levy on most types of development in their area - they are not forced to do so. The levy will be based on a simple formula relating to the size and character of the development. the government hopes it will give local authorities extra money to put into vital facilities. Some fear it could brake investment in development if it first comes into play when the recovery is still fragile.

www.communities.gov.uk/documents/planningandbuilding/pdf/communityinfrastructurelevy.pdf

For more Planning news click here

PAST SUCCESSES

PLANNING FOR SUSTAINABLE ECONOMIC GROWTH (PPS4)

The CLA ensured that this new policy statement took on board much of what we argued about the importance of a more posititve approach to rural economic development.

It sets out the Government's policy framework for planning for sustainable economic development in rural areas. The policy supports sustainable economic growth, protects local markets and small shops and will help councils make the decisions to help speed up economic recovery in rural communities.

The Planning Act 2008

 The CLA had some successes in its lobbying campaign to secure members' interests before this was enacted.The Act  applies mainly to England, though it has some significant effects in Wales. Within England, Ministers set national policy statements for infrastructure.

In drawing up national policy statements, Ministers are under a duty to contribute to sustainable development. Developers considering infrastructure projects which are subject to the policy framework have a legal duty to consult the local community, local authorities and key stakeholders on their proposals as they prepare them.

The Infrastructure Planning Commission will conduct planning inquiries into infrastructure projects. The content of the national policy statements will be the key consideration.

A public 'right to be heard' will be protected. Any person who registers an interest can give oral evidence at relevant stages of the inquiry but they will not have a right to cross examine others' material.

www.opsi.gov.uk/acts/acts2008/ukpga_20080029_en_1

http://www.communities.gov.uk/planningandbuilding/planning/planningpolicyguidance/planningpolicystatements/planningpolicystatements/pps4/

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Contacts and Feedback

For prompt advice please contact your CLA regional surveyor or adviser in the first instance. » Adviser Contacts

Fenella Collins MRICS - Senior Planning Adviser

Fenella Collins MRICS - Senior Planning Adviser

Mainly responsible for national planning and heritage policy issues. Also provides advice to members on all aspects of the listing system and associated development control issues.

Phone: 020 7460 7944
FAX: 020 7235 4696
Email fenella.collins@cla.org.uk

Christopher Price - Public Law Adviser

Christopher Price - Public Law Adviser

A solicitor, advises on administrative law issues, including conservation and heritage issues, planning and compulsory purchase.

Phone: 020 7460 7953
FAX: 020 7235 4696
Email christopher.price@cla.org.uk

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Office of the Deputy Prime Minister, planning page - www.communities.gov.uk/planningandbuilding/

Planning Inspectorate for planning appeal advice - www.planning-inspectorate.gov.uk

Planning Portal - services and guidance on the planning system - www.planningportal.gov.uk

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