Conservative Party Green Paper on Planning

February 22, 2010 by  

In an effort to be first with an informed review of the latest NEWS in planning , I am publishing my immediate reaction to the new Conservative, shadow policy, on Planning.  It was published just this afternoon, 22/2. It was an interesting read of just 20 or so pages.  (That’s quite good in itself actually.) 

I think that many residents in Rayleigh, Hawkwell, Hullbridge, Rochford and Stambridge were hoping that the Conservative Party nationally would be the “white knight” which would promise to save their green belt if only they returned a Conservative Government.  May be…. may be not…. do read on.

Whilst the Conservative Party Green Paper, will undoubtedly encourage many residents to hope that this will be outcome for their cherished area the policy actually has the clear objective of increasing the delivery of housing and other development.

There are financial incentives for Councils and this was expected. Why? Read on. 

Councils will be legally enabled to revise Core Strategies but with national Conservative Policy, then in the capacity of a  “New” Government, Councils might find it difficult to deliver cuts in housing targets which have significance for delivering tax revenues to meet tough national debt repayments !!

With the promised abolition of regional housing targets while simultaneously shifting control to the local level, this is formidable challenge in terms of delivery. To avoid the electorate drawing cynical conclusions too early will be another hard trick to pull off.   

But there is a presumption that a planning application will be approved if it conforms to a new, simpler and rationalised, national planning policy framework and the development is,……….. err, sustainable.

Nothing new here. Just like PPS3 and PPS12. 

How do you actually define “sustainable”? It is very difficult because there can be no numeric criteria.  It is a judgement, currently without even a tick list of criteria which need to be met being provided by anyone.

Residents are trying to get across their judgement on this in Hawkwell West at the moment in the DWH Appeal and to the Council itself who both want housing estates of 330 or 175 dwellings respectively.  Some residents have even decided to “club together” and hire a planning expert and a barrister. To the extent that it has come to this sorry state of affairs, planning is crying out for reform.

So sustainability will be a double edged sword giving loopholes on one side or rigidity on the other depending on how Councils wish to play in a specific site situation that is not as clear cut as others. Could that mechanism give local councils a particularly wide discretion on making what decision they like ? …..err…yes, sure…. and if rules on appeals were to be curtailed then these decisions will “stick”. 

The provision of affordable housing becomes a local decision unless the applicant is a local housing trust and then approval is almost presumed. And there is a financial incentive for a Council to approve affordable housing.

The notion of developers having the legal right to almost negotiate (?) local consent with neighbours ahead of a even a planning application is novel but fraught with danger as locals could be split in personal or collective negotiations and misunderstood promises.  Under this model residents will want to make sure that they vote for a council candidate who actually, really, does live in their Ward and that they have the skills to help make this difficult scheme deliverable and justifiable to all residents. And with Parish Councils getting involved as a party to be negotiated with who is on the Parish Council suddenly becomes something that might really matter.   

The prospect of residents being able to appeal decisions is ground breaking but I cannot see that surviving the protest of developer federations.  Can you? 

If the reforms go through it will not be a day when residents can take their eye off the ball for one second !!   But with the return to localism where the Local Plan returns supreme with locally assessed housing targets, residents must make sure that their voices are heard even louder !! And a harder deal  for political party councillors to sell or justify.  Up to then it will have been too easy to blame the other party !!  

To read the whole paper go here….



One Response to “Conservative Party Green Paper on Planning”
  1. Editor says:

    A national view from the Building Web Site

    The Tory planning conundrum
    23 February, 2010

    A Conservative government would hand planning powers over to local communities, but how will it reconcile this policy with the need for new housing?

    It has been a long time coming, but at last the Conservative party has produced its planning policy green paper. The development industry has had plenty of time to digest two earlier Conservative green papers – “Control Shift” and “Strong Foundations” – and to make numerous representations to the party’s front bench team. However, a critical question remained unanswered: can the Conservatives reconcile the two seemingly conflicting ambitions of increasing the number of new homes, while giving local communities greater power and control over local development.

    Has the party’s planning policy green paper answered this question? Not entirely. More detail is provided on some of the embryonic policies laid out in the two preceding papers, such as the issuing of local plans, incentivised planning and how to tackle projects of national significance. However, there will remain concern within the development industry that the proposed abolition of a national target structure will result in local authorities adopting a development-sceptic or – worse still – a development-phobic outlook.

    At the heart of the paper is an overhaul of the current planning system that will transfer powers away from the machinery of the state and towards local communities, enabling them to play a greater role in how their localities are developed.

    As an alternative to the current system, the Conservatives have adopted an open source planning approach. Instead of having one planning structure determined centrally and then applied uniformly across the country, the Conservatives propose a basic framework of national planning priorities and policies within which local communities can produce their own distinctive local policies.

    To give force to this new policy, the Conservatives would abolish the power of planning inspectors to re-write local plans and restrict the scope of appealing against local planning decisions.

    Other key headlines in the Paper include:

    Encouraging upper tier authorities to compile infrastructure plans
    Establishing a presumption in favour of sustainable development
    Replacing S106 and the community infrastructure levy with a local tariff set by individual local authorities
    Ensuring that significant local projects are designed through a collaborative process that involves the neighbourhood.
    In addition, the infrastructure planning commission is to be replaced by a unit for major infrastructure projects within a revised planning inspectorate. The unit will make recommendations to the secretary of state, who will make the final decision. Or for very major linear projects, the process for hybrid or private bills will be revised to allow these projects to be approved more simply and directly by parliament.

    This embrace of localism is intended to re-ignite the engagement of communities with the democratic process. With the appeal system weakened and local communities given an enhanced role in shaping local development plans, consultation and engagement with local communities will become more important than at any time since the formation of the current planning system in 1947.

    “Collaboration in design” will be required for all development projects above a certain threshold prior to submission. Early consultation, therefore, will become a central and essential component of the planning application.

    Of perhaps even greater significant to applicants is the Green Paper’s stipulation that if more than a small minority of residential neighbours in the immediate vicinity of a proposed new development raise any objection, then the presumption in favour of sustainable development does not apply. The Conservatives are proposing that parish councils would be included within the definition of an immediate neighbour, giving them more influence and involvement in determining the success of any application.

    This brave new world proposed by the Conservatives may be challenging for the industry, but it also presents significant opportunities. Those developers who engage with local politicians at an early stage, who work to understand the communities they are going into, who seek to uncover the real needs of a local area – they will be best placed to identify and mobilize those in the community who are likely to support a proposed development project.

    Much will be written in the coming weeks about the Conservative party’s policies relating to planning. Let us remember that a green paper produced in opposition does not equate to a white paper produced when in government.

    However, we must be clear that the current planning system is not working. The number of new homes built – even before the recession – is well down on the year-on-year averages of the Thatcher/Major years. The Conservatives have proposed a series of solutions that may actually provide salvation through the emergence of a new form of empowered local government, which has the willingness and the desire to take difficult strategic decisions in order to remain competitive and attract additional resources. In the climate of pretty significant spending cuts in local government finances, the prospect of the revenue from those additional houses has never looked more tempting. Whatever the final outcome it is clear that under a Conservative government the focus of attention will firmly shift from national to local.

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