Local Planning - What guides the decisions?

Introduction

Development plan is an umbrella name for the planning documents prepared for a particular area. Together with the framework within which they are produced, they are extremely important. They are the means by which national and regional policies are facilitated at the local level, and the principal means by which the suitability of planning applications are assessed.

The Planning and Compulsory Purchase Act 2004²⁶³ has introduced major changes to the planning system. The ethos has shifted from an emphasis on the specific regulation of land use towards delivery of spatial outcomes. Local authorities are expected to use the new tools actively to increase the sustainability of communities, including encouraging and promoting development that is sustainable. They must also increase the involvement of their communities in planning processes and decisions.

However, these changes are being phased in, so in the period up to 2007 both systems will operate and so both need to be described. To further complicate matters, different systems operate in the two different types of local authority structure (unitary authorities and non-unitary or two-tier authorities).

Old System of Minerals Planning

Table 4 gives a summary of the two components of the old system of Development plans that operate in both the unitary and non-unitary authorities. The Strategic or Structure Plans set out the strategic policies that take account of the national and regional planning policies an guidance. The Strategic Plans in turn, provide the framework for the Local Plans (including Minerals Local Plan). These set out more detailed policies to guide development at a more local level, including proposals for specific sites. In counties, the Minerals Local Plan (sometimes the Minerals and Waste Local Plan) remains the responsibility of the County Council which deals with minerals and waste planning whereas all other local planning issues such as housing are the responsibility of the relevant District Councils.

New System of Minerals Planning

Some of the changes introduced by the new system have been outlined in the introduction. The key reforms are listed below:

• simplified plans system - county structure plans abolished;
• strengthened Regional Spatial Strategies;
• new flexible Local Development Frameworks in place of local plans;
• requirements for strengthened up-front community involvement;
• faster, simpler, fairer planning applications process;
• greater transparency, certainty and public involvement in plans and development control;
• strengthened focus on sustainability;
• shift to spatial planning as opposed to land use planning.

The new system is based around the concept of spatial planning. This goes beyond traditional land use planning to bring together and integrate policies for the development and use of land with other policies and programmes which influence the nature of places and how they function. That will include policies which can impact on land use, for example by influencing the demands on or needs for development, but which are not capable of being delivered solely or mainly through the granting or refusal of planning permission and which may be implemented by other means.

Therefore, spatial planning moves focus from a land-use planning approach based on regulation and control of land, to a wider more far-ranging approach that aims to ensure the best use of land by assessing competing demands. To this end social, economic and environmental factors are taken into account in producing a decision that is more conducive to sustainable development. The factors can include health, education, employment, crime prevention, leisure, biodiversity, recycling, energy, etc.

It is now the LDF (MWDF) together with the RSS, that provide the essential framework for planning in the local authority's area. Figure 4 summarises the structure of the new system and shows how the RSS is now an integral part of the Development plan. It also shows how the development plan documents arise from frameworks and schemes for both the unitary and non-unitary authorities.

The LDF (MWDF) consists of a number of elements in the form of a 'portfolio' or 'folder' (Fig. 5), essentially all the local development documents (or minerals & waste development documents) which deliver the spatial planning strategy for that area. The scope and purpose is set out in Planning Policy Statement 12: Local Development Frameworks³¹⁶ and there is further explanation and guidance given by the CLG here. Figure 5 shows the key documents which form part of the local development framework. A brief description is included for each folder.

Click to enlarge and then click on folders to view summaries.

LDDs should reflect, and build on the policies set out nationally and regionally, taking into account local needs and variations. The Planning and Compulsory Purchase Act ²⁶³ requires LDDs to have regard to national policies and advice contained in guidance issued by the Secretary of State, the local authority's Community Strategy, and also to be in general conformity with the RSS.

Public Participation

Planning must work as a partnership and involve the community to deliver sustainable development in the right place at the right time. Planning affects everyone and all those involved in the system have a role to play in delivering effective and inclusive planning. Under the Planning and Compulsory Purchase Act²⁶³, local planning authorities will be required to prepare a Statement of Community Involvement, in which they will set out their policy on involving their community in preparing LDDs and on consulting on planning applications.

Strategic Environmental Assessment (SEA) & Sustainability Appraisal (SA)

Summaries of the SEA³²⁰ Directive and SAs have already been given in the National and Regional planning section (here), as they are both required for RSSs as well as the more local Development plan documents considered here. At the individual project level EIAs are used to predict, prevent and manage potential environmental impacts. The purpose of SEAs are to assess the cumulative impacts plans and projects at various strategic levels. Guidance has been given by the CLG as to how it should be applied by Planning Authorities³²¹.

Further information and advice can be obtained from the Strategic Environmental Assessment Information Service.