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Planning law update 2013

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A Planning Law update for England and Wales delivered by David Delaney and Ian Kinloch of Aaron & Partners LLP

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Planning law update 2013

  1. 1. Planning Law Update 2013 David Delaney, Head of Planning Ian Kinloch, Consultant
  2. 2. The Growth and Infrastructure Act 2013 • Poorly Performing Planning Authorities – Submit applications direct to Planning Inspectorate – Consultation paper issued June 2013 – Performance of LPA assessed July 2011 to June 2013
  3. 3. The Growth and Infrastructure Act 2013 • Permitted Development Rights – Prior Approvals – General Permitted Development Order – New permitted development rights – Local authorities can decline repeat applications
  4. 4. The Growth and Infrastructure Act 2013 • Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013 – Class A – Household Extensions
  5. 5. The Growth and Infrastructure Act 2013 • Class J – Change of use of office to residential • Class K – Change of use to state funded school • Class L – Change of use from state funded school • Class M – Change of use of agricultural buildings
  6. 6. The Growth and Infrastructure Act 2013 • Class C – Use for temporary state funded school • Class D – Change of use aimed at helping new business
  7. 7. The Growth and Infrastructure Act 2013 • Unviable Affordable Housing Requirements Section 106 Planning Agreements – Right to apply to modify affordable housing obligations on the grounds of viability • The Town and Country Planning (Modification and Discharge of Planning Obligations) (Amendment) (England) Regulations 2013 – Change does not affect planning obligations where 5 yr period has expired or those entered into after 6 April 2010
  8. 8. The Growth and Infrastructure Act 2013 • Public Rights of Way – Enables stopping up or diversion of highways to commence before planning permission granted – Facilitates the process for landowners to make statements and declarations to counter rights of way claims – Section 31 (6) – prevents new public rights of way arising for a period of 10 years
  9. 9. The Growth and Infrastructure Act 2013 • Village Greens – Reduces the period within which a village green application can be made from 2 yrs to 1 yr – Deposit of statement and map to protect land from registration • Commons (Registration of Town or Village Greens) and Dedicated Highways (Landowner Statements and Declarations) (England) Regulations 2013
  10. 10. The Growth and Infrastructure Act 2013 • Village Greens – Introduction of trigger and terminating events – Exclusion applies where trigger event occurs until a terminating event occurs – Trigger and terminating events are set out in Schedule 1A of the 2006 Act
  11. 11. The Growth and Infrastructure Act 2013 • Village Greens- Further Reforms – Proposed amendments to extend trigger and terminating events – Additional events to Schedule 1A will be applicable regardless of the date when the new Order comes into force
  12. 12. The Growth and Infrastructure Act 2013 • Village Green Case Law – R (Barkas) v North Yorkshire CC [2013] 1 WLR 1521 – Clarifies/expands when land held by public authorities for recreation can and cannot be registered as village greens
  13. 13. The Growth and Infrastructure Act 2013 • Village Green Case Law – R (Newhaven Port) v East Sussex CC [2010] P&CR 8 – The beach was registered as a village green as the consequences of registering the beach for the future discharge of the Port Authorities statutory function was not a proper ground to hold that the beach was not capable of registration.
  14. 14. The Enterprise and Regulatory Reform Act 2013 • Conservation Area Consents – Removal of the requirement for consent to demolish an unlisted building – Came into force 1 October 2013 • Listed Building Consents – Listed buildings list to specify objects or structures not to be treated as part of the listing
  15. 15. The Enterprise and Regulatory Reform Act 2013 • Certificate of Immunity – No need for a concurrent planning application • Heritage Partnership Agreements – To be put on a statutory basis • National and Local Class Consents – Granting consent for certain categories of work, thereby removing need for separate listed building consent • Certificate of Lawfulness – Removal of need for listed building consent where the works do not impact on a building of special interest
  16. 16. Streamlining the Planning System • The Town and Country Planning (Appeals) (Written Representations Procedure and Advertisements) (England) (Amendment) Regulations 2013 • The Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2013 • The Town and Country Planning (Hearings and Inquiries Procedure) (England) (Amendment) Rules 2013
  17. 17. Government Consultations • Extension to permitted development rights – Greater flexibilities for change of use • Office change of use to residential • Agricultural change of use to residential
  18. 18. Government Consultations • Extension to permitted development rights – Retail change of use to bank/building society – Change of use to state funded school/nursery • Offices, hotels, residential, non-residential • Agricultural building
  19. 19. Government Planning Practice Guidance • Lord Taylor’s Review Recommendations – New format for practice guidance – Roles and responsibilities – Planning professionals – Unique source of information – Timescales for implementation – Additional ideas to improve planning practice guidance
  20. 20. Government Planning Practice Guidance • Lord Taylor’s Review – Test version launched on 28 August 2013 – Guidance clearer and more accessible – Guidance linked to National Planning Policy Framework
  21. 21. Judicial Review • Proposals for further reform – Specialist Planning Chamber – Specialist Planning Judges – Procedural time limit rules – “Leapfrog” to Supreme Court – Permission filter in Section 288 challenges – Legal aid for High Court challenges
  22. 22. Across Offa’s Dyke Planning in Wales 2013 Ian Kinloch, Solicitor
  23. 23. Let’s start with a little quiz • All these people started new jobs in 2013 • How many do you recognise?
  24. 24. Less hectic in Wales! • None of these apply: – – – – Special measures’ The new Town or Village Green provisions Change of use from offices to dwellings Time-limited additional domestic permitted development rights – Removal of affordable housing requirements in s106 obligations
  25. 25. I’m not based in Wales! What has this to do with me? • Because if not now then possibly in the future: – You do business in Wales – Your have property interests in Wales – You have clients with business or property interests in Wales • We can no longer “read across” our knowledge of planning law and procedure from England
  26. 26. So what do we have then? • Let’s start with yr iaith y nefoedd – the language of heaven: – Technical Advice Note TAN 20 – Issued 9 October 2013: Planning and the Welsh Language
  27. 27. TAN 20 • Purpose is to provide guidance on how the Welsh language should be considered when Local Development Plans are being prepared • Where a local authority identifies ‘the protection and/or enhancement of the Welsh language” as a priority for its area, the Local Development Plan “should consider this priority in so far as it is relevant to the use of land”.
  28. 28. Suggested strategies for supporting the language • Positive promotion of local culture and heritage • Planning the amount and spatial distribution of new development and infrastructure • Phasing of strategic housing and employment developments • Directing strategic sites to communities where evidence suggests positive impact of the use of the Welsh language – if evidence suggests the likely impact to be negative those impacts can be mitigated
  29. 29. BUT!!! • Policies should not seek to: – Introduce any element of discrimination between individuals on the basis of linguistic ability – Control housing occupancy on linguistic grounds
  30. 30. Planning Guidance • Supplementary planning guidance may specify mitigation measures to support LDP policies such as: – Bilingual signage – Support and funding for language induction and staff language lessons – Local labour contracts – Support for Welsh medium schools – Support and funding for language and cultural awareness activities • CIL and s106 agreements may be used
  31. 31. Permitted development • Dwellinghouses • From 30 September 2013, the General Permitted Development Order is amended for Wales (SI 2013/1776 W.177) – The changes do not precisely mirror those in England under the 2008 amendments • New Part 1 domestic permitted development rules – Enlargement, improvement or other alteration of a dwellinghouse, additions and alterations to roofs, erection etc of porches, swimming pools etc
  32. 32. Permitted development • Moves away from volume thresholds to “impact assessment” • As in England in 2008 • Introduces concept of the “principal elevation” of a dwellinghouse • Requirement to use porous or permeable materials or direct run-off to porous or permeable areas when laying hard surfaces on front gardens that face a highway
  33. 33. Natural Resource Wales • New body operational from 1 April 2013 taking over duties of: – Environment Agency Wales – Countryside Council for Wales – Forestry Commission Wales
  34. 34. Here’s some they made earlier… • Notification Direction 2012 – All “departure applications” no longer need to be referred to Welsh ministers • But the following have to be referred – Significant residential development (more than 150 dwellings or a site greater than 6 hectares) not in accordance with development – Flood risk area development – Minerals or waste development not in accordance with the development plan – Aggregates development in National Parks and AONBs
  35. 35. New Procedure Orders • In force from 30 April 2012 • Development Management Procedure (Wales) Order 2012 (SI 2012/801 W.110) • TPO consent applications (SI 2012/792 W.107) • Listed Buildings and Conservations Areas Regulations 2012 (SI 2012/793 W.108) • New edition (5th) of Planning Policy Wales, October 2012
  36. 36. Coming (soon?) • Draft Planning Reform Bill promised for consultation late 2013, to be introduced in Assembly before 2014 Summer recess – likely to introduce major changes to planning law and procedure and the workings of local planning authorities • Following Planning Reform Act, a Planning Consolidation Bill will be introduced • Heritage Bill to be consulted upon and then introduced into Assembly in 2014 • Sustainable Development Bill – consultation closed and Bill intended to be introduced in “Autumn 2013”
  37. 37. Thank you, Any Questions? David Delaney, Head of Planning 01244 405538 david.delaney@aaronandpartners.com Ian Kinloch, Consultant Solicitor www.aaronandpartners.com Twitter @AaronsLegal