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Update from George Goodall's on Planning System

DEMISE OF REGIONAL SPATIAL STRATEGIES 

Letter from Secretary of State for Communities and Local Government  dated  27 May 2010  to local planning authorities.- 
“I am writing to you to highlight our commitment in the coalition agreements where we very clearly set out  our intention to rapidly abolish regional strategies and return decision making powers on housing and planning to local councils. Consequently, decisions on housing supply, including the provision of travellers sites, will rest with local planning authorities without the framework of regional numbers and plans.

I will make a formal announcement on this matter soon.  However, I expect local planning authorities and the Planning Inspectorate to have regard to this letter as a material planning consideration in any decisions they are currently taking.”

PRESERVATION OF GREEN BELT
 
Eric Pickles (as reported in Planning, 4 June 2010) has stated “Councils can regard the coalition government's commitment to scrap national housing targets as a material planning consideration in any application currently under consideration”.   Pickles indicates in green belt areas that “housing targets have forced a number of councils to designate large areas of countryside for development”.

REMOVAL OF GARDENS AND DENSITY FIGURES FROM PPS3
 
A revision of PPS3 was issued on  June 9 2010. As reported in Planning, 11 June 2010,  the decentralisation minister Greg Clark, announced plans to “declassify gardens as brownfield land and has also scrapped minimum density targets for housing”.  These steps are “the start of wholesale reform to put councils and communities centre stage in a system that is not just a tool of top down policy.” The Planning Inspectorate has advised its inspectors (Planning 18 June 2010) “In the absence of a definition it will be for the decision maker to determine what constitutes a private residential garden.”

HISTORIC AREA ASSESSMENTS
 
English Heritage has issued guidance for local authorities  on how to conduct historic area assessments.  The assessments can help n the designation of conservation areas and restoration of historic estates, parks and gardens as well as masterplans, heritage partnership agreements and action area plans. The guidance is called - “Understanding Place - Historic Area Assessment: Principles and Practice” and can be found on the English Heritage web site.

LOCAL LISTS OF BUILDINGS
 
English Heritage is working to produce guidance on the production of LOCAL LISTS of historic buildings and areas.  The work is being undertaken to link with PPS 5. It is hoped this guidance will be available late in 2010 or early 2011.  

This information comes from a meeting on 17 June 2010 of the West Midlands Historic Environment Forum.

21 June 2010.
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The New Planning System

Talk given by Mr. George Goodall FRTPI
Vice Chairman of WestMASA on 23rd June 2010 

Report by Hubert Porte

As a Fellow of the Royal Planning Institute, Mr.Goodall is one of the few people who have a deep knowledge of the complexities of our planning system. In his talk, he set out the changes proposed by the Conservatives while in opposition and later by the coalition government in office since the recent general election.

The main theme of the changes is the transfer of power from central government to more local levels, as well as simplification of the planning process. These two simple sounding aims are deceptive, since they entail some very radical measures, whose ultimate effects are not easy to predict. Additionally, various powers have been taken or enhanced by central government, leaving the reader of their proposals in some doubt as to the reality of the transfer of power down to the local level.

Two radical measures that stand out are the abolition of Regional Spatial Strategies and of the Infrastructure Planning Commission.

Regional Spatial Strategies were largely housing targets imposed by regional authorities on local authorities. In meeting these targets through the local planning system, councils were supposed to determine where and how development in their areas proceeded. There was also a Regional Economic Strategy, which was supposed to work in harmony with the housing prescriptions, but much uncertainty surrounded both of these strategies, since the provision of both the housing and the employment was chiefly dependent upon the prevailing economic conditions and the plans of the private sector.

The Infrastructure Planning Commission (IPC) was designed by the last government to 'fast-track' the planning process for large, often nationally important, projects. . Examples are new power stations, new motorways, and the high speed rail links. Decisions on these projects would have been largely reserved to the secretary of state, with very limited opportunity for representations from local people. The present government has resolved to abolish it because of its expense and possibly also its apparent denial of the democratic right of local people to have a say in developments in their areas.

The new government proposals also include such tidying up measures as removing domestic gardens from the 'brownfield' classification, introducing the right of 3rd parties to appeal against a planning decision and re-introducing the 'Retail Needs Test' for new developments. There is much talk of “Bottom up” planning in collaboration with local people. However, the raft of Statutory Instruments, Directions and Departmental Circulars retained casts much doubt on the sincerity of these protestations. 

George Goodall's presentation notes can be viewed here.
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West Midlands Amenity Societies

WestMASA Notes of Meeting at BMI in Birmingham on Saturday 28.11.09.
Hubert Porte, HCS Vice-Chair

(Unfortunately due to train cancellation I arrived 1/2 hour late for the presentation)

Presentation by Mr. Jon Lord of 'Planning Aid, West Midlands'

Members will recall that in the Planning White Paper issued at the end of 2007, it was proposed to reserve the determination of planning applications for Major Infrastructure Projects (MIPs) to HM Government. This was embodied in the 2008 Planning Act.

The I.P.C. Infrastructure Planning Commission

An independent body called the Infrastructure Planning Commission will henceforth have the remit of examining and deciding applications for new large scheme such as:

Major power stations (including nuclear)
Airports
Major roads
Railways
Major ports
Major water and waste undertakings.

Local authorities will no longer have the power to make decisions on these projects in their areas, though they and other affected bodies may make representations to the Commission.

As usual, in all publications, the word 'strategic' is used inappropriately to describe major projects. It might help readers to bear this in mind.

In making their determinations of applications, the chairman and members of the IPC will be guided by a number of National Policy Statements (NPS's) to be drawn up by government after public consultation and parliamentary scrutiny.

The object of this exercise is to speed the planning process for major (often national) projects and to avoid delays such as the six years before the determination of the Terminal 5 application at Heathrow. Members will recall the heated debate concerning possible denial of democracy when the original white paper was published.

Despite government statements, the opportunities for public involvement are limited.

There will be the original public consultation on the draft National Policy Statements. Once these are in place, they cannot be changed except by parliament.

For the individual applications, there will be two opportunities for public input.

The first of these will be provided and managed by the applicant body, in that the developers will be required to consult with local communities about what they intend to do.

The second will be at the Public Examination of the application, when written submissions and verbal representations will be taken. It needs hardly be said that things will be quite advanced by this stage.

It is therefore vital that interested parties participate fully and critically in the consultation process provided by the developers.

Members are advised to look at the website:

www.direct.gov.uk/infrastructureplanning

Planning Aid England is a charitable organisation. It is part of RTPI (Royal Town Planning Institute)

Its mission is to provide free and independent advice on town planning issues to community groups, organisations and individuals who cannot afford to pay professional fees.

See www.planningaid.rtpi.org.uk

e-mail: wmcw@planningaid.rtpi.org.uk

The criterion quoted at the WestMASA meeting for deciding on who could or could not afford professional advice was the possession of £1000 or more of uncommitted funds in the bank account. Those deemed to be able to afford will be asked either to pay a fee or to make a donation to Planning Aid for their help, including access to P.A. training sessions..

Members are advised to see Planning Aid's leaflet ISBN 978-1-4098-1765-7 2009.

CSI Civic Society Initiative

The attention of members is drawn again to the yellow booklet called "Own the Future" published in October 2009 by the CSI. Noticeable by their absence from this leaflet are

1. Any details of a possible constitution for the CSI
2. Any ideas of the management arrangements for the CSI

There was much debate on the proposal of the CSI that local civic societies should be subject to a levy of £3. 00 per head of their membership. This was deemed unacceptable by all members, and especially by those with a low annual subscription and a large membership. Some societies would be required to pay many thousands of pounds annually to the CSI. It was decided that £1.00 was the maximum societies would entertain and that this was a maximum below which any society was at liberty to settle. Some members said that their society was not prepared to accept any levy. Hereford, like some other societies had not had an opportunity to debate the matter. It was observed that it did not seem wise to agree to a levy in favour of an organisation whose constitution and management arrangements were not yet in place.
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Tour of HCT new buildings

Following an invitation from the Principal of Herefordshire Technical College, a conducted tour of the new buildings has been arranged for TUESDAY 20th OCTOBER AT 7pm for members of the Civic Society. If you wish to book a place and receive further details, please email us or telephone Ginny Garman on 01432 890469 by October 5th at the latest.
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WestMASA meeting - Burton upon Trent 5th September 2009

Civic Society Initiative

There is widespread dissatisfaction with the way in which the Civic Society Initiative is being set up. There is a steering group of four comprising two trustees from the failed Civic Trust, one representative from CPRE (Note the recent letter from them to HCS). and one from the National Trust. There are no representatives on this steering group from any of the regional amenity societies or indeed from any of the civic societies around the country. The National Trust has provided £50,000 to start the CSI and CPRE and the RIBA have provided accommodation and other logistical help. There is no evidence that the steering group requires any input from local civic societies.

Most members of WestMASA felt that this group represented either the failed policies of the old civic trust or sectional interests as represented by CPRE and the N.T. and was most unlikely to avoid the mistakes made in the past. It was recommended that we withhold any subscriptions, paying these instead to our own representative regional bodies (WestMASA in our case).

The chairman and three other members will be attending the conference arranged in Blackpool on 15th & 16th October 2009 by the Civic Trust before its demise, more to keep an eye on developments than in the hope of helping to determine the course of events. They plan to prepare a statement of WestMASA's position and its misgivings about the way the CSI is developing, hoping to mobilise support from other regions.

A letter from HCS on its preferences concerning the setting up and constitution of a new central body would be helpful to the chairman before he attends the meeting.

WestMASA subscription

It was agreed that each society should pay a subscription of £30.00 p.a. starting in April 2010 to WestMASA.

Regional Spatial Strategy


Phase II
The Chairman - George Goodall - reported that the final inspector's report on Phase II of the RSS was about to be issued. He expected that it would first be sent to the minister for Communities and Local Government. However, there is much uncertainly concerning the ultimate fate of the RSS. A change of political party in government might well see the abandonment of the RSS altogether.

Phase III consultation
The results of the Phase III consultation are not yet available and may well be pre-empted by the general election. The view was expressed that the categories were not practical. In particular, the sense of putting together such unrelated matters as Sport, Tourism and Culture was not obvious. The chairman questioned the ultimate value of this consultation exercise.

The reasons for the concentration on extraction of marl and gravel under the topic of minerals was not clear. It was thought that this could be connected with attempts to protect supplies of these for the large housebuilding programme of the RSS. It was noted that the extraction of these minerals occurred along a line adjacent to the river Trent running north through Staffordshire and that this extended area would afterwards be unavailable for housing development. There was also the problem of radical changes in the nature of the landscape by the lakes and ponds left behind.

Planning

Conservation areas
The Chairman reported on a meeting at which members saw a list issued by English Heritage. This list described a total of 761 conservation areas in the West Midlands, of which about 150 were considered to be 'at risk'.

Note that the following are reported to involve at-risk conservation areas in Herefordshire: Bromyard, Kington Ross-on-Wye, Widemarsh Common. See http://www.helm.org.uk/server/show/ConWebDoc.16634

Alterations below the planning threshold. Article 4(2) directions.
The chairman reported also that though there are extensions and alterations to private property too small to require planning permission, (General permitted development), there is nevertheless a mechanism for challenging these if they are thought to be unsuitable or detrimental.

Under Article 4(2) of the Town and Country Planning Act 1990, a local authority may make a ‘direction’ requiring the removal of unsuitable or detrimental alterations. A civic society or indeed anyone may ask the local authority to consider making such a direction in particular cases. However, as the L.A. receives no fee in the process, it is unlikely to be keen to pursue the matter. It was suggested that we should check Article 4(2) and Article 4(1) of the Town and Country Planning Act 1990 for their relevance to our individual situations. (Note that Article 4(1) directions require approval by the Secretary of State for Communities and Local Government)

Quotation from Harrow Council minutes November 2005: 2.1.1 The Article 4 Direction is intended to withdraw permitted development rights within Article 3 of the General Permitted Development Order 1995. The Council as local planning authority has powers to seek and confirm Article 4 Directions, without the need of the Secretary of State’s approval, for dwellinghouses within conservation areas, within specified classes of permitted development

Note that the Council MUST issue a confirmation of its Article 4(2) direction within six months of its imposition, otherwise the direction lapses. In reply to a question by H.P. the Chairman confirmed that the objection to plastic windows and doors related entirely to their appearance. If these could be made to be indistinguishable from the original (wooden or steel) windows, they would incur no planning objection. However, The most skillfully designed windows could still be forbidden if the local planning authority felt they were likely to become unsightly at a later date.

The next meeting was arranged for Saturday November 28th, 10.00am at the BMI in Birmingham

Hubert Porte
5th September 2009
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WMRSS Phase III Revision - Drop in Event

Hubert Porte attended this on behalf of the Society and has provided a report which can be downloaded as a pdf file here. In summary:
  • The West Midlands Regional Assembly ceases to exist after mid-July 2009.
  • All matters treated in the Phase II Revision are now closed. No revision is possible.
  • Following the demise of WMRA there will be a temporary arrangement until a new structure can be put in place. The configuration of this structure has not yet been settled.
  • All local authorities are required to make their LDF's consistent with the policies detailed in the RSS.
  • It is not at all certain that a future government will retain this regional layer of policy making.
  • In future, party politics will play an increased role in any surviving regional body.
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Civic Society Initiative update

It is just over a month since the launch of the Civic Society Initiative.With your help and support we have been able to achieve a lot already but the hard work is still to come. There has been a strong endorsement from societies across the country, we have received donations contributing over £18,000 to our £50,000 target and our fast moving website is receiving over 350 visits a day. We have also seen good media coverage in the Sunday Times, Guardian, Daily Telegraph, Country Life, BBC Radio 5 Live among others and the trade press for planners and architects.

The focus now is on preparation for the Civic Debate which will run through to October. We need to discuss and debate the role of the civic society movement in a fast changing world and look hard at what we do and what we should be focusing on in the future. We want to know what support would most help local societies and how we can strengthen the voice of the civic society movement together. If you want to participate then register on the website for an open forum being run in your part of the country and respond to the online questionnaire which will be circulated later this month. There will also be a discussion forum on the website and we hope local societies will run their own events to debate the future and feedback the views of local members and partners.

As well as running the Civic Debate we are keen to maintain and develop the contacts we have with local societies and other like-minded groups, raise the profile of your work in the media and organise a campaign in which all societies can participate. Our current thinking is that this will focus on the importance of a high quality "public realm" so the space we all share in towns, cities and villages is somewhere we all want to spend time and appreciate our surroundings. But what do you think? What would make for a good campaign later this year?

We will also be producing a new regular email update - Civic Matters - providing information on Government announcements, reports, research and other information relevant to local societies and signposting you to useful information and advice. This will be in addition to this Initiative bulletin which will update you on the work of the Initiative itself. We are also hoping to develop the relationship with Bluefin insurance so societies continue to get cost effective insurance cover and we extend the benefits they can provide.

These are exciting times for civic societies. The future is in your hands and we are greatly looking forward to your thoughts and ideas on how we strengthen, support and fund the movement. There are more details about our workplan on the website here and we would welcome your feedback on any aspect of the Initiative's activities.
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