Be Aware Of The UK Spatial Planning System

Planning is a crucial part of delivering the UK Government's policies on SUSTAINABLE DEVELOPMENT and SUSTAINABLE COMMUNITIES. Indeed, the UK planning system is one of the main delivery agents that will allow us to make a positive difference to the problems of CLIMATE CHANGE and GLOBAL WARMING.

But how can a planning system that was first thought of in the 1930's and remained much the same since the first main Planning Act of 1948 allow for a crucial contribution to be made to the Global environment?

The implementation of the UK's Planning and Compulsory Purchase Act 2004 was not merely an incremental step forward in terms of changes to the UK’s planning system. It represented a step change – a ‘paradigm shift’ - in the UK’s planning culture and the importance of planning as a delivery tool for sustainable growth. It heralded the beginning of a SUSTAINABLE REVOLUTION in the UK.

SPATIAL PLANNING goes beyond traditional land use planning, in that it brings together and integrates policies for the development and use of land with other policies and programmes that influences developments and communities and how they function.

This is fundamentally different to the old system that looked at development considerati

ons with a more narrow focus – only issues that were material to land use and development were assessed in determining planning applications and other factors were ignored.

We now have a much broader range of issues that can be considered under the planning system. Issues such as ENERGY USE & CONSERVATION, AIR QUALITY, CO2 EMISSIONS, RENEWABLE ENERGY, WATER CONSERVATION, BIODIVERSITY, QUALITY OF LIFE INDICATORS, HEALTH INDICATORS - as examples – are now considerations that can be material to the determination of a planning application, whereas before the 2004 Act they were not or at best only marginally relevant.

In addition, other policies, strategies and plans such as COMMUNITY STRATEGIES, HEALTH POLICY, and WILDLIFE MANAGEMENT PLANS are seen as an integrated part of the SPATIAL PLANNING SYSTEM, where before they were not.

LOCALISM - A NEW WAY FORWARD

The Government's new LOCALISM BILL has SUSTAINABLE DEVELOPMENT and EMPOWERING COMMUNITIES as core objectives. Under the new system, UK Planning Authorities need to ensure that development plans are kept up to date, and they need to produce plans that are sustainable and deliverable.

The Localism Bill will create a new system for delivering planning policy at different levels, as follows:

1. AT GOVERNMENT LEVEL - The new National Planning Policy Framework will form an overarching framework for emerging planning policy at local level.

1. AT REGIONAL LEVEL: London will retain the London Plan.

1. AT LOCAL LEVEL: Local Development Frameworks (LDF’s) will contain a suite of development documents to guide all development so it is community beneficial, sustainable and of the highest standards of design. These include a Statement of Community Involvement, Local Development Documents. Supplementary Planning Documents and site specific proposals. Neighbourhood Plans can be prepared at a very local level, by communities and businesses. In so me areas, new Enterprise Zones will be designated.

A planning and sustainability led approach to schemes is t

he best way forward for all involved in the planning and development process.

© Enabling Projects Ltd 2012

All developers and property owners should realise that planning applications must have regard to a much wider set of issues than in the past. It is thus our firm advice that all schemes should have an integrated planning and sustainability approach…with a high level of advice occurring from scheme inception stage onwards.

We see the planning requirements for most planning applications as being :

1. Virtually all development schemes must now have a DESIGN & ACCESS STATEMENT.

1. The PLANNING STATEMENT should include the D&A Statement and refer to the pertinent policy and give a reasoned justification for all aspects of the project.

1. Many development schemes will require a SUSTAINABILITY APPRAISAL and/or a SUSTAINABILITY CHECKLIST. This might involve a CODE FOR SUSTAINABLE HOMERS ASSESSMENT for residential schemes or a BREEAM study for commercial projects.

1. ENERGY ASSESSMENTS, CO2 EMISSION ASSESSMENTS and RENEWABLE ENERGY PROPOSALS are all becoming standard in planning applications. CARBON NEUTRAL or CARBON LOW developments will be an increasing requirement of even standard housing and commercial developments.

1. TRANSPORT IMPACT ASSESSMENTS, GREEN TRAVEL PLANS, NOISE ASSESSMENTS, ECONOMIC IMPACT ASSESSMENTS within planning applications are often a requirement.

All developer clients should ‘stay ahead of the game’ by being fully aware of the changes to the planning system and by integrating these into their schemes and planning application programmes. Deliverability is the key, and this depends on a coherent, robust and comprehensive approach to dealing with the new planning system….

© Enabling Projects Ltd 2012

In 2006 new regulations were introduced that required most planning applications to be accompanied by a DESIGN AND ACCESS STATEMENT. Technically speaking, a Local Planning Authority can prohibit a planning application from being progressed unless such a statement is lodged.

Applications for Listed Building Consent (LBC) must always be accompanied by a DESIGN AND ACCESS STATEMENT. Where a planning application is submitted together with an application for Listed Building Consent, a single, combined statement can address the requirements of both.

D&A STATEMENTS are NOT required for changes of use only, householder applications where the site is not in some form of designated area e.g. a conservation area, and mining and engineering operations.

A DESIGN AND ACCESS STATEMENT is a written statement submitted with a planning application and/or a listed building consent that thoroughly assesses, describes and justifies a development project to the Local Planning Authority. The Statement, which is now a STIPULATED PLANNING REQUIREMENT, should show that the Applicant has thought carefully about issues such as design functionality massing, height and site layout, amenity spaces, disabled access, car and pedestrian access issues and how people (the end users) will be able to use the places and spaces that the project intends to create.

The Statement may also refer to community aspects, such as provision for disabled persons, older people and very young children, and whether there is any community space provision in a scheme.

Each DESIGN AND ACCESS STATEMENT should describe:

1. USE: What the building(s) are to be used for, a description of the use mix if more than one use is involved.

1. DESIGN & LAYOUT: Explain the design principles and concepts that have informed the development, including the site’s setting and surrounds. Also, the way in which buildings, access routes and open spaces are provided.

1. SCALE & AMOUNT OF DEVELOPMENT: How many buildings there will be, storeys, floor layout and general scheme description. Minimum and maximum building sizes and a justification of massing, height and amenity implications

1. APPEARANCE: The visual impression of the scheme and the concept behind the proposed building pattern.

1. ACCESS: Site access, parking areas, pedestrian and disabled usage, entrance and exit routes, street and pavement levels and the treatment of private and public spaces. Design and access should not be treated as separate issues.

1. LANDSCAPING: Planting and boundary treatments, designation of hard and soft surfaced areas.

1. COMMUNITY CONSULTATIONS: The Statement should describe and explore the findings of any consultations that may have been carried out and state how these might have changed the scheme design.

1. OTHER CONSIDERATIONS: Such as biodiversity, air quality and employment need.

The aim of DESIGN AND ACCESS STATEMENTS is to aid the provision of high quality developments and to encourage better informed negotiation and decision-making. The Government recommends that applicants should follow an assessment-involvement-evaluation-design process in their Statements, which will encourage the best possible end result in built form and space provision…

© Enabling Projects Ltd 2012