After more leaks than the Titanic and more false starts than a botched NASA mission, the Tories’ planning green paper is now out.
It was with a thud as sloppy as a pair of Gordon Brown’s socks hitting a hapless aide in the face that the Conservatives’ planning green paper finally made its official appearance this afternoon. It limped onto the interweb without fuss or fanfare and after Property Week exclusively unveiled it weeks ago, it confirms pretty much everything you’ve probably already heard about.
With the drubbing the paper’s received in some quarters of the media over plans (delete as appropriate) to: promote/stop housing, promote/stop Travellers, promote/stop supermarkets and maybe promote/stop the kidnapping of Haiti orphans too, no one can blame the Tories for picking a a day when newspapers will be focusing on lynching our prime monster or using the Cashley Cole scandal to print suggestive pictures of Cheryl.
What’s most starling is that as I write this Grant Shapps, the shadow housing minister, has a link to some other report about Labour’s housing failure on his Twitter and Facebook pages rather than keeping something up Open Source. It’s most odd.
Clearly, there are some policies that will concern the industry but before everyone gets too excitable and doom-mongery let’s read the title again. ‘Green’ paper. Meaning: ‘not ripe’. So while the overriding themes about localism and empowering communities are here to stay, there could well be room for debate on some of the details of how this is achieved. The industry should keep this in mind and look at how we can engage with the Tories to make their localism agenda deliver for everyone.
Remember property industry: this paper hasn’t been written for you, it’s been written for probably everyone else.
So amid all the talk of ‘open source planning’ (which rattles a little bit of your gran mimicking Ali-G street talk in an endearing attempt to sound cool), there’s lots of pleas to restore the ‘broken’ planning system by democratising everything, scrapping targets and devolving power away from Whitehall down to the lowest possible level.
It’s a laudable aim but one wonders if Joe Sun Reader would rather spend his morning being quizzed on spatial planning or perhaps stay in bed eating chips watching Jeremy Kyle. Do people really care or do they only come out when they want to stop things happening? There’s a large sense of this playing very much to the pure Tory-in-the-Shire gallery.
But that doesn’t mean everything should be discounted as ‘electioneering’ twaddle.
In truth, while the industry will now claim that it’s happy with how things are and that it doesn’t want a new system, the Tories have only responded to the frustration constantly articulated by everyone ALL OF THE TIME. And that’s why this report is about ripping up the system and starting again. Sometimes if you ask enough times you get what you ask for.
The green paper proposes a new national planning framework approved by Parliament, an end to regional and local targets, a mandate for plan making to be done through ‘collaborative democracy’ and the removal of the planning inspectorate (PINS) from the plan making process. It’s somewhat ironic that they want to dumb down PINS – the one thing all sides agree works fine.
But in all, so far, not so bad.
Similarly, a presumption in favour of sustainable development if an application conforms with national and local policy, pays a local tariff and goes through an appropriate public consultation process also seems fine, if incredibly similar to the existing system. And while few will mourn the potential death of CIL one suspects that the new tariff proposal (which everyone was a big fan of two years ago if memory serves me correct) may look very similar, perhaps with a trendier name and typexed teeth.
However, the serious fear here is that these changes could make things worse, although the Tories could fairly point out that little progress has been made in recent years and throughout the 2,147 or so consultations, reports and acts that have been passed under Labour.
And then there’s a heap of really positive things here that the industry can fully welcome – many of which we’ve actually pushed for. The much discussed local incentives – where rates are matched funded for six years and their commitment to carrying forward the Killian Pretty Review recommendations are easy wins. Meanwhile a commitment to investigate the opportunities for further permitted development rights is also positive.
The anti-supermarket clause has been toned a bit although the paper still sets out support for the “needs test” and some form of competition test while also scrapping the predetermination rules and scrapping the IPC. Of course the third party right of appeal proposals – dressed up as making the appeals system ‘symmetrical’ – is a recipe for chaos. Interestingly, a national tabloid had been told that they were in fact ‘tightening up’ the appeals process. And indeed, they impressed to me this evening that the loopholes for third party appeals would be sufficiently tight to ensure the system wasn’t crippled.
But after the proposals got shot down in Scotland following the disaster in Ireland where appeals doubled over night, this won’t wash with the industry. If you have a sound decision-making process which is already front-loaded and thus already democratic, why the need for further avenues for appeal? It’s a contradiction of their very policies and is something the industry will fight tooth and nail to oppose.
Since we first saw the paper though, our favourite line has been the ‘brown envelope charter’ hinted at on page three where it says firms should “reach voluntary agreements that recompense immediate neighbours for any loss of amenity”. What do you reckon Prince Charles will want in exchange for a new Amazon shed in his back yard?
Detail
Set out below is a detailed summary of the Green Paper.
The vision
• The planning system is ‘broken’
• The planning system should be used as a vehicle to encourage greater civic participation and democracy and will help communities to ‘formulate a shared vision for sustainable development’
• Introduce ‘open source planning’ which is a basic national framework of policies which can be implemented and interpreted locally. Local communities determining the vision for their area
Three key principles to open source planning
• Restore democratic and local control over the planning system
• Rebalance the system in favour of sustainable development
• Produce a simpler, quicker, cheaper and less bureaucratic planning system
National framework for development
• Completely reform national planning guidance – Planning Policy Statements, guidance notes etc
• Create a national planning framework which integrates into one document the principal features of all national planning policies. The framework will set out what the government’s priorities are and how they relate to each other
• The framework will be debated and voted on by resolution in both Houses of Parliament
• Maintain national Green Belt protection, Areas of Outstanding Natural Beauty, National Parks, Sites of Specific Scientific Interest and other environmental designations
Regional planning
• Abolish the entire tier of regional planning, including the Regional Spatial Strategies, the Regional Planning Bodies, and national and regional building targets
• Anticipate using primary legislation to make such changes but will consider using executive powers of the Secretary of State (SoS) to revoke all or part of RSSs before legislation is introduced
• Will consider how further decentralisation can take place in London
Local plans and transition
• Mandate that all local authorities use ‘collaborative democracy’ to create local plans – i.e. make sure communities are at the heart of drawing up their local plan
• Legislate that if new local plans have not been completed within a prescribed period then the presumption in favour of sustainable development will automatically apply
• Introduce transitional arrangements to cover implementation of the new local planning system
Presumption in favour of sustainable development
• A guiding principle of the planning system will be a presumption in favour of sustainable development
• It will be unlawful for LPAs to refuse permission for a development if:
the application is from a Local Housing Trust that has the required level of local support and meets certain standard criteria, including conformity with the national planning framework, or
the application
(i) conforms to the local plan (and hence with national planning framework)
(ii) is accompanied by a payment of the agreed level of local tariff
(iii) in the case if larger projects, is the product of an appropriate public consultation process, e.g. Enquiry by design
Where needs be LPAs will be given new enforcement powers to tackle planning applications that, having been granted, turn out to be substantially misleading
Flexible Zoning
• Retain existing categorisation of uses, with an assumption that all approved existing uses are legitimate
• Amend the Use Classes Order so planning permission is not required for a change of use within a range allowed by the local community in its local plan
Remove power from Planning Inspectorate (PINS)
• Remove the planning inspectors’ powers to change local plans
• PINS will be asked to report to the SoS on any direct breaches of national planning guidance and process
• Where the SoS finds that a local plan breaches national planning guidance, is not appropriately spatial, or has not been produced within the statutory framework, it will be for the local planning authority (LPA) to amend and resubmit its local plan
• Beyond these matters of process, all other aspects of a local plan will be determined by local people
Appeals
• Reform planning appeals system to allow appeals against local planning decisions from local residents, as well as from developers
• Limit the grounds for appeal to 1) correct procedure was not followed when assessing the application, with such appeals being determined by the Local Government Ombudsman and 2) decision reached is in contravention of the local plan, with such appeals handled by PINS.
• A mechanism for weeding out frivolous or malicious appeals which would significantly delay development will be introduced
Energy efficiency
• ‘Communities and councils will have more freedom to set energy efficiency and renewable generation requirements for new developments’
Housing targets and affordable housing
• LPAs encouraged to use Option 1 numbers (projected housing numbers up to 2026) as a baseline for provision of new housing in their area
• Guidance will be issued on how housing needs cab be assessed with a general acceptance that a five year land supply for housing provision is a good base-line to start from
• LPAs will not be required to have local affordable housing targets in their local plan although they can retain such targets if they want to
• LPAs will be able require in their local plan that a certain proportion of housing developed in their area is affordable
• Every new affordable housing unit that is built will earn the local authority in question 125% of the council tax raised by that unit, annually for a period of six years, to be paid through Matching Fund (revenue neutral policy)
House building
• Create Local Housing Trust to allow villages and towns to develop the local homes providing there is strong community backing. The type and quantity of housing to be built will be for the community to decide
• All non-market housing built by Local Housing Trusts will remain in local ownership in perpetuity
Design
• Expect local authorities to set out architectural and design standards in their local plans
• Legislate to require that on projects above certain thresholds, before they can submit a planning application, developers involve the local community in collaborative design, as determined by the LPA
Local infrastructure
• Encourage unitary or upper tier authorities to take a strategic view and take the lead in compiling infrastructure plans
• In the context of putting such plans together, legislate to give all local planning authorities and other public authorities a Duty to Co-operate.
Planning obligations
• Returning planning obligations to their original function by limiting their use to stipulations relating directly to site-specific remediation and adaptation
• Scrap CIL and non-site specific planning obligations and instead introduce a single unified local tariff applicable to all residential and non-residential development (even a single dwelling) at graded rates depending on the size of the development
• The local tariff will not be charged on affordable housing, housing built by a Local Housing Trust, or any self-build housing
• A percentage of the money raised by the tariff will be passed directly to the community where the development takes place
Immediate neighbours
• If more than a small minority of residential neighbours in the immediate vicinity of a new development (of any type) raise any objection, then the conformity of the planning application with the local plan must be formally assessed by the LPA
• It’s anticipated that ‘in many cases developers will choose to avoid the need for formal assessment of the application [by the LPA] and hence speed up the planning process by reaching voluntary agreements to compensate nearby householders for the impact of the development on their amenity, in return for their support’
National infrastructure
• Abolish the Infrastructure Planning Commission replacing it with a Major Infrastructure Unit, with its own special character, within a revised departmental structure that includes PINS
• National Policy Statements will be integrated into a revised and simplified system of national planning guidance
• Major infrastructure projects will be divided into two categories: 1) major linear projects, which will be implemented through hybrid or private bills 2) other major infrastructure projects, which will be will be decided by short and focused planning inquiries carried out by the new Major Infrastructure Unit and governed by a new national priorities planning framework
• The inspector running the inquiry will make a recommendation to the SoS, who will be required to take the final decision on the application within a specified time limit.
• Transition measures will be introduced for applications already begun under the existing system
Wind farms
• Allow communities that choose to host wind farms to keep the business rates they generate for six years
• Examine how community ownership of wind turbines can be introduced and how discounted electricity can be available to communities in the vicinity of wind farms
Conservation credits
• Create a Conservation Credits scheme which creates incentives to protect biodiversity. The scheme could mean that housing or public infrastructure projects are required to factor in the loss of biodiversity and provide new habitats
Garden land
• Abolish density targets, reverse the classification of gardens as brownfield land and allow councils to prevent over-development of neighbourhoods and stop ‘garden grabbing’
Scrapping predetermination rules
• Legislate to ensure that councillors (while being properly prevented from advancing personal interests) have the freedom to campaign and represent their constituents, and then speak and vote on those issues without fear of breaking the rules of ‘pre-determination’
Schools planning
• give an automatic right to change the use of any existing building to educational use as a matter of permitted development
• preserve the current stock of land available for new schools by legislating to require that all existing land that is currently used for ‘non-residential institutional purposes’ (Use Class D1) is kept as D1 land, unless the SoS for Children, Schools and Families agrees to an application for change of use
• require that planning applications to build new schools be assessed following the same system as for non-linear major infrastructure projects i.e. decided by short and focused planning inquiries carried out by PINS and governed by our new national priorities framework, followed by a decision by the SoS for Children, Schools and Families
• Any school promoter will have the right of appeal to the SoS for Children, Schools and Families in the event of unreasonable delay/objection from any local authority
• Topslice the national business rates pool to create a new fund that will remunerate local authorities that allow the development of new schools as if the schools that are created were not subject to relief and paid full business rates
Mobile phone masts
• All types of mobile phone masts in England will have to obtain planning permission through a full process.
Travellers
• There is a whole raft of policies on travellers aimed at tackling unauthorized sites and providing LPAs will greater powers to address problem issues associated with this area of policy
Retail development
• Reintroduce the needs test
• Enable local authorities to take competition issues into account when formulating their local plans
Parking
• Amend planning guidance to abolish rules which force up parking charges and remove central Government parking standards, which will be determined at a local level
Rural Planning
• Introduce into the national planning framework rules preventing the development of the most fertile farmland, part from in exceptional circumstances
• Extend the designation of brownfield land to include land previously occupied by agricultural buildings (erected before specified date).
Minerals
• Return the determination of the amounts of minerals required back to Minerals and Wastes Planning Authorities, subject to national environmental standards to ensure that each authority makes its provision in a fair and sustainable way
Building regulations
• Simplify and reduce building regulations and ensure that the regulation is proportionate to the risk
• Believe that building regulations can ‘play a significant role in greening…housing stock’
Blight
• Review blight laws to ensure that the reimbursement for blight is quicker and that the level of compensation is fair
Killian Pretty / permitted development
• Except the recommendations of the Killian Pretty Review where they are in accordance with the concept of ‘open source planning’ and Tory Party policy
• Ask the Review to reform to examine if more permitted development can be introduced
• Make installation of micro-generators in non-listed properties permitted development
• Introduce a presumption in favour of planning permission for the installation of micro-generating equipment in, or in the curtilage of, listed buildings where this does not detract from aesthetic quality or architectural and historical interest
• Restrict the concept of retrospective planning permission to permit only the rectification of genuine mistakes