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What's New in Planning?

PAL SECURES FUNDING  for ONGOING NEIGHBOURHOOD PLANNING SUPPORT in LONDON through 31 MARCH 2013
The funding that allowed PAL to provide support for neighbourhood planning ended on 31 July 2012. In good news, PAL has received confirmation of funding to allow it to continue providing support for neighbourhood planning from 1 August 2012 through 31 March 2013. However, the new contract limits PAL to providing 'intensive support' to 3 groups working on neighbourhood plans between 1 August 2012 and 31 March 2013. A limited level of support to other groups working on Neighbourhood Development Plans, Neighbourhood Development Orders and Community Right to Build Orders will be funded through PAL's other streams (for those who qualify for PAL's free service) and through PAL's company arm, Plan-It Consultancy (for those who meet the requirements to pay for support)- click here for details: http://www.planningaidforlondon.org.uk/?idno=685

THE PUBLIC CONSULTATION on EARLY MINOR ALTERATIONS to the LONDON PLAN CLOSED on 31 July 2012
The Mayor has published revised early minor alterations to the London Plan, which was adopted in July 2011. These are aimed at ensuring that the London Plan is fully consistent with the Government's National Planning Policy Framework (NPPF, published March 2012). It is anticipated that the alterations will be considered at an Examination in Public (EiP) to be held in November/December 2012. Details can be found here - http://www.london.gov.uk/publication/early-minor-alterations-london-plan
LOCALISM ACT
The Localism Act came into force on 13 December 2011.  The new legislation makes significant changes to the planning system.  In addition to its focus on planning, the Bill also focuses on:
  •  Community rights and empowerment
  •  Decentralisation of local democracy
  •  Social housing reform
  •  London
  • General powers of competence for local authorities
REFORM OF THE PLANNING SYSTEM
The Act makes following changes:
  • Abolition of Regional Strategies
    The Government considered that Regional Strategies did not work effectively and that the target-driven approach to development is undemocratic and has added unnecessary bureaucracy to the planning system.
  • Community Infrastructure Levy (CIL)
    This allows local authorities to set charges which developers must pay when new development is built in order to contribute to new infrastructure.  The Act will also allow some of the payments to be passed to neighbourhoods where the development has taken place.  Local authorities will be given greater control over setting their charging levels although this will still be independently examined.
  • Local Plan Reform
    The Government wants to give local authorities and communities greater choice and control by limiting the ability of the Planning Inspectorate to re-write local plans. Local authorities will also have to publish up to date information direct to the public on what planning documents they are preparing, while central government's powers to make changes will be more limited.
  • Neighbourhood Planning
    The Act introduces a new right for communities to have more say in how their local areas are developed, such as the number of houses that are to be built.  If a neighbourhood plan in line with national planning policies, the community will able to vote in a referendum to approve it as the policy for its area.  Neighbourhood plans will enable communities to permit development without the need for planning applications as the Government believes that the current planning system is too centralised and bureaucratic.
  • Community Right to Build
    This part of the Act gives local communities the power to take forward development in their area without the need to apply for planning permission, if certain safeguards are met and at least 50% of the community support the plan through a referendum.  Communities will need to identify suitable land, finance and secure support for their proposals, but Government will provide help and guidance.
  • Duty to Co-operate
    The Act introduces a requirement for local authorities and public bodies cooperate with each other which will be particularly important once Regional Strategies are abolished.
  • Pre-application Consultation
    To strengthen the role of local communities in planning, the Act introduces a new requirement for developers to consult local communities before submitting planning applications for very large developments.  This is intended to give local people a real chance to comment on proposed developments, which may have an impact on them, and to be involved on important issues such as design at an early stage, when they still have a real change to influence proposals before they are finalised.  Developers will be required to publish a report on their consultation process and how views have been taken into account.
  • Enforcement
    The Act will enable local authorities to tackle abuses such as making deliberately misleading planning applications.  Changes to the process for making retrospective planning applications undertaking enforcement appeals are also considered.  Where people try to flout the system, Government wants local planning authorities to take prompt action.
  • Nationally Significant Infrastructure Projects
    The Infrastructure Planning Commission (IPC) is to be abolished; its responsibilities are to moved to the Planning Inspectorate.  Parliament will now be responsible for the approval of National Policy Statements (NPS) before they can be designated.  The Government believed that  the previous system (where approval is granted by the IPC) for consenting applications for major infrastructure projects is unaccountable and that these decisions should be taken by democratically elected Ministers, rather than by an unelected quango.