Presentations highlighted the most significant changes to the EIA regime for many years and what this means for Local Planning Authorities in Screening and Scoping as well as determining EIA Development.
Our thanks to Bidwells LLP for sponsoring this event.
FROM PLANNING LEGISLATION UPDATE SERVICE
The following is a summary of highlights from May that have come to the attention of the Planning Legislation Update Service.
THE TOWN AND COUNTRY PLANNING (GENERAL PERMITTED DEVELOPMENT) (ENGLAND) (AMENDMENT) (NO. 2) ORDER 2017
This Order amends the Town and Country Planning (General Permitted Development) (England) Order 2015 and implements the duty set out in section 15 of the Neighbourhood Planning Act 2017.
It removes permitted development rights allowing the change of use of a building falling within Class A4 (drinking establishment) of the Schedule to the Town and Country Planning (use Classes) Order 1987 to a building within Classes A1 (shops), A2 (financial and professional services), and A3 (restaurants and cafes) and to a temporary flexible use or a state-funded school for up to 2 academic years.
It also introduces a new permitted development right allowing change of use of a building falling within Class A4 (drinking establishments) to a use within Class A4 with a use falling within Class A3 (restaurants and cafes), or from those uses to a use falling within Class A4.
The order removes permitted development rights allowing for the demolition of buildings used for a purpose within Class A4 (drinking establishments).
It also makes transitional provisions for cases where, following a request for confirmation from the local planning authority as to whether the building has been nominated or listed as an asset of community value (as defined in paragraphs A.3 of Part 3, C.3 of Part 4 or B.3 of Part 11 of Schedule 2 of the General Permitted Development Order, before amendment by this Order), development may begin in accordance with those provisions. The effect is that planning permission in these cases is saved (where the drinking establishment is not nominated or listed) where such a request has been made more than 56 days before 23rd May 2017. In the case of demolition, prior approval must also have been granted, determined not required or deemed granted before 23rd May 2017. The order also postpones by 18 months the application of the new right introduced above, for a building which falls within the scope of a direction under article 4 withdrawing permission to change use from a use falling within Class A4 (drinking establishments) to a use falling within Class A3 (restaurants and cafes).
Came into force on 23rd May 2017. (see next)
THE TOWN AND COUNTRY PLANNING (COMPENSATION) (ENGLAND) (AMENDMENT) (NO. 2) REGULATIONS 2017
These amend the Town and Country Planning (Compensation) (England) Regulations 2015 to add a new class of development to the list of permitted development rights for which compensation on withdrawal of the right is limited in various ways provided in the 2015 Regulations.
The new permitted development right allows change of use of a building falling within Class A4 (drinking establishments) of the Schedule to the Town and Country Planning (Use Classes) Order 1987 to a use within Class A4 with a use falling within Class A3 (restaurants and cafes), or from those uses to a use falling within Class A4. It has been inserted into Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 by amendments set out in the Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017 -see above.
The practical effect of these Regulations is that if a local planning authority withdraws the new permitted development right by issuing a direction under article 4 of the 2015 Order, compensation is only payable in respect of planning applications made within 12 months beginning on the date the direction took effect. The Regulations also provide that no compensation is payable where a local planning authority publicises their intention to make such an article 4 direction at least 12 months, and not more than two years, ahead of the article 4 direction taking effect.
Came into force on 23rd May 2017.
DRAFT AIR QUALITY PLAN, DEFRA and DfT, 5th May 2017.
The government has published a draft plan to improve air quality by reducing nitrogen dioxide levels in the UK.
The options are designed to reduce the impact of diesel vehicles, and accelerate the move to cleaner transport.
This consultation will run until 15th June 2017.
This consultation includes the following documents:
draft UK Air Quality Plan for tackling nitrogen dioxide (‘Improving air quality in the UK: tackling nitrogen dioxide in our towns and cities’)
technical report, including details of modelling techniques and assumptions
alongside the consultation government has also published the
Air quality: clean air zone framework for England
and summary of responses to the
Implementation of Clean Air Zones in England consultation
The Framework sets out principles which local authorities should follow when setting up Clean Air Zones in England.
THE SUPREME COURT RULING ON THE PROPER INTERPRETATION OF PARAGRAPH 49 OF THE NATIONAL PLANNING POLICY FRAMEWORK (NPPF), 10th May 2017.
See Summer issue of the Region’s newsletter, The East of England Express , to be published shortly.
On a sweltering June evening, a group of eager Young Planners met in Colchester for an update on Planning Law. The event was very kindly sponsored by Holmes & Hills LLP, who provided excellent presentations with an opportunity for questions at the end.
The evening finished with a chance to network during an informal drinks reception.
Thanks to Libby Hindle, the East of England Young Planners rep, for organising this very successful and enjoyable evening which, we hope, will be the first of many.
Libby can be contacted here
I urge all RTPI members to participate in the 2017 Membership Survey by clicking on the above link. The closing date is 5 July 2017.
The RTPI has launched an online survey to find out what more we can do to increase the value of your membership and strengthen the voice of professional planning. The findings from the survey will help us to continue our commitment to providing our members with the best possible services, benefits and support to assist you at every stage of your professional career.
The survey will take no longer than 10 minutes to complete.
For every completed survey, the RTPI will make a donation to the International Committee of the Red Cross, which supports families and communities affected by armed conflict or natural disasters.
If you have any questions about completing the questionnaire, please call the survey helpline 0800 0092 117 or email email@example.com.
Today, we are celebrating the achievements of the 2016 RTPI East of England Regional Award Winners – Bidwells LLP and Pollard Thomas Edwards – for their entry “Chelmsford City Park West“. A one-day seminar is being held today in Chelmsford to hear about the successful redevelopment and restoration work which has taken place in the city centre, particularly highlighting their award-winning project.
This could be you celebrating success in our 2017 Regional Award.
This is a great opportunity to highlight the positive impact planning has on our quality of life and to celebrate the work of planners and other members of the team.
Entry into the Award is free and easy.
Closing date: 10.00am on 31 May 2017
Entries need to be for projects or plans completed in the region within the last two years. Applications are invited from individual planners or project teams from the public or private sectors.
All shortlisted entries will be showcased at our Regional Gala Dinner, to be held in Cambridge in September.
I look forward to seeing your entries.
David Potter FRICS MRTPI
Convenor of the Regional Judging Panel
RTPI President, Stephen Wilkinson will be visiting us on 13th and 14th July.
Stephen is the Head of Planning & Strategic Partnerships at the Lee Valley Regional Park Authority (the area of which includes parts of Essex and Hertfordshire). He has also worked for four London Boroughs and for the Audit Commission, where he advised planning authorities on their management arrangements. He has over thirty years of experience in planning and regeneration and sits on several regeneration boards.
After receiving a specific request from Stephen to visit Norwich and Great Yarmouth, we have organised a visit on 13 July to the Norwich Research Park, http://www.norwichresearchpark.com/home.aspx, an international centre of excellence in life and environmental sciences research, where he will find out more about the exciting projects taking place by the Park’s Chief Executive Officer. Stephen will be taken on a site visit to the Quadrum Institute, https://quadram.ac.uk, a new multi million pound state-of-the-art food and health research and endoscopy centre which is due to open in 2018.
The afternoon will be spent on the river, with a boat trip from Norwich city centre to Whittingham Country Park, returning to the offices of the Broads Authority for an Evening Reception with members and young planners. More details about this reception will be added to the website shortly.
The second day will be spent in Great Yarmouth, with a walk through the new Town Centre Masterplan area.
If you would like to meet Stephen during his visit, or if you have a project which you would like to share with the President, please let Adam or Michael know via the Regional Office email address of firstname.lastname@example.org
by Libby Hindle, RTPI East of England Young Planners Rep
If you have been through the RTPI Assessment of Professional Competence, or are currently working towards it, you will have an appreciation of the rigorous process involved in achieving Chartered Membership. The main route to Chartership is through competency-based assessments (L-APC, A-APC, EP-APC), which require candidates to demonstrate how their experience and competence meet the high standards required.
Having recently gained Chartered Membership myself, I know only too well the time and effort that is required. It is a challenging process, but it is also a valuable one, providing candidates with a great opportunity to reflect on both the experience they have gained, and their career aspirations.
Whilst busily getting on with the day job it is easy to assume that simply gaining more project experience and undertaking the odd CPD training will be sufficient to help us develop as Planners, and push us on through our careers. It is also easy to think of the APC simply as a necessary process to be completed, and not realising the benefits of the tasks involved.
In preparing my submission, I had to take the time to reflect on my experience and competencies, on what goals I wish to aim towards, and how I plan to develop in order to achieve these. I found this to be a valuable opportunity, and markedly useful in shaping my personal and professional development. It highlighted to me the importance of being a reflective practitioner, and how I can shape and focus my professional development by preparing a navigated course to achieve my goals. Having now completed the ‘process’, I feel prouder of my achievements and my role within the profession then when I began my APC, having taken that time to reflect, and perhaps appreciate the value of my Chartered Membership more as a result.
APC Workshop – 24 April 2017
With many Young Planner’s in our region currently preparing their submissions, we were pleased to be able to host our annual APC seminar and workshop with staff from the RTPI’s Membership Team at Anglia Ruskin University in April. The evening was attended by around 30 student members, licentiates, and mentors.
Paige Harris, Planner at Boyer, who successfully completed her APC last year, attended the seminar to assist in her capacity now as an APC Mentor, and has provided an account of the evening together with her top tips for future candidates:
Becoming Chartered: Licentiate Assessment of Professional Competence (L-APC), 24 April 2017, Anglia Ruskin University
The presentation, given by Hilary Lush, Senior Membership Advisor for the RTPI, explained the three different APC routes to membership and provided specific guidance on the individual parts of the L-APC process, and how best to prepare for submission. Hilary explained in detail the requirements for each of the eleven professional competencies and talked through the latest L-APC Guidance Document. Attendees also had the opportunity to undertake an exercise relating to the Professional Development Plan (PDP). This is often found to be the area that applicants struggle with the most, so a chance to explore this in greater detail was greatly appreciated! Hilary broke down the elements of the PDP into manageable chunks so each could be looked at in detail, providing attendees with a clear understanding of the requirements.
The evening was very informative for both those undertaking the L-APC and those mentoring them. As a mentor, I found it acted as a good refresher of what’s involved and it was useful to have the guidance and process reaffirmed.
As a past candidate, here are my top tips for the L-APC submission:
- Read and become familiar with the Guidance – it may seem simple, but familiarising yourself with the L-APC guidance will help you put it into action, will save you time and ensure that you fully understand what is expected from the assessment criteria;
- Know what is expected and be reflective – ensure that you are confident of what is required from all the Professional Competencies and use the Competencies Checklist to ensure that each one is addressed. It is important to be reflective of what you have learnt through your experiences and how this has shaped your decisions and actions.
- Be SMART – the Professional Development Plan (PDP) needs to include clear actions, that can are measurable and achievable, with a clear timeframe.
- Keep up-to-date with your Log Book – you often see previous candidates mentioning this but it is so important. By updating your Log Book weekly/monthly you can remember what work you have undertaken in more detail and will mange to keep on top of it.
Good luck with your submissions!
Paige Harris MRTPI, Planner, Boyer
You can sign up for more information on Young Planners here: http://www.rtpi.org.uk/knowledge/networks/young-planners/become-a-young-planner/ or email email@example.com. You can also follow us and see our pictures on Twitter @RTPIEoEYPs
The RTPI East of England and RTPI South East organised a discussion between RTPI members and the National Infrastructure Commission on the Cambridge-Milton Keynes-Oxford Corridor. Our thanks to colleagues at David Lock Associates for hosting this event.
We heard a lot of enthusiasm for the concept of a corridor-wide strategic plan, along with a range of suggestions to ensure that it would have sufficient buy-in from local stakeholders and national government.
The RTPI will be writing a full response to the Commission’s discussion paper during May, and we encourage our members to submit further thoughts and comments before this deadline. All the details can be found at: rtpi.org.uk/knowledge/consultations/england-consultations/
The following is a summary of highlights from April that have come to the attention of the Planning Legislation Update Service.
IMPLEMENTATION OF PLANNING CHANGES: TECHNICAL CONSULTATION, RESPONSES, DCLG, 3rd April 2017.
Details of outcome:-
- Summary of responses and government response to the permission in principle and brownfield registers chapters of the technical consultation on planning changes (published 3rd April 2017)
- Summary of responses to the technical consultation on implementation of planning changes, consultation on upward extensions and Rural Planning Review call for evidence (published 7th February 2017)
Note chapter 7: extending the existing designation approach to include applications for non major development – response published separately
- Summary of responses and the government response to the neighbourhood planning chapter of the technical consultation on planning changes (published 2nd September 2016)
HOUSING DELIVERY TEST ACTION PLANS, DCLG, 19th April 2017.
The Housing White Paper, proposes that the new housing delivery test would, start in November. Where net additional dwellings measured over a rolling three-year period fall below 95 per cent of housing requirements, a local authority would be required to publish an action plan, “setting out its understanding of the key reasons for the situation and the actions that it and other parties need to take to get home-building back on track”.
Gavin Barwell, speaking at a Select Committee, said the action plans would require town halls to “provide a diagnosis of what the problem is” so that the government can “work with local authorities” to resolve those issues – giving town halls the opportunity to request help from government to remove blockages holding up development.
S.I. 2017/571 THE TOWN AND COUNTRY PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS 2017
These consolidate with amendments the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 and subsequent amending instruments.
Come into force on 16th May 2017.
S.I. 2017/572 THE INFRASTRUCTURE PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS 2017
These consolidate with amendments the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 and subsequent amending instruments.
They implement the requirements of the Directive for EIA procedures in the context of the nationally significant infrastructure regime which extends primarily to England and Wales.
Come into force on 16th May 2017.
BROWNFIELD REGISTERS AND PERMISSION IN PRINCIPLE, DCLG, 21st April 2017.
Information for local authorities in their implementation of new brownfield registers of land suitable for housing, and permission in principle. (see above)
SEVEN FURTHER SETS OF EIA AMENDMENT REGULATIONS HAVE BEEN ISSUED, ALL COME INTO FORCE ON 16th MAY 2017., AS FOLLOWS :-
- S.I. 2017/580 THE ELECTRICITY WORKS (ENVIRONMENTAL IMPACT ASSESSMENT) (ENGLAND AND WALES) REGULATIONS 2017
- S.I. 2017/593 THE ENVIRONMENTAL IMPACT ASSESSMENT (AGRICULTURE) (ENGLAND) (NO. 2) (AMENDMENT) REGULATIONS 2017
- S.I. 2017/592 THE ENVIRONMENTAL IMPACT ASSESSMENT (FORESTRY) (ENGLAND AND WALES) (AMENDMENT) REGULATIONS 2017
- S.I. 2017/588 THE MARINE WORKS (ENVIRONMENTAL IMPACT ASSESSMENT) (AMENDMENT) REGULATIONS 2017
- S.I. 2017/582 THE OFFSHORE PETROLEUM PRODUCTION AND PIPE-LINES (ENVIRONMENTAL IMPACT ASSESSMENT AND OTHER MISCELLANEOUS PROVISIONS) (AMENDMENT) REGULATIONS 2017
- S.I. 2017/583 THE WATER RESOURCES (ENVIRONMENTAL IMPACT ASSESSMENT) (ENGLAND AND WALES) (AMENDMENT) REGULATIONS 2017
- S.I. 2017/585 THE ENVIRONMENTAL IMPACT ASSESSMENT (LAND DRAINAGE IMPROVEMENT WORKS) (AMENDMENT) REGULATIONS 2017
NEIGHBOURHOOD PLANNING ACT 2017.
Received Royal Assent on 27th April 2017.
This concerns planning, compulsory purchase and connected purposes. It covers: –
- Neighbourhood planning
- Local development documents
- Planning conditions – Restrictions on power to impose planning conditions
- Permitted development rights relating to drinking establishments
- Development of new towns by local authorities
- Register of planning applications etc.
Under compulsory purchase etc. amongst other things, it covers: –
- Power and procedure to take temporary possession of land,
- No-scheme principle and Repeal of Part 4 of the Land Compensation Act 1961.
There are three schedules: –
- Schedule 1 — New Schedule A2 to the Planning and Compulsory Purchase Act 2004
- Schedule 2 — County councils’ default powers in relation to development plan documents
- Schedule 3 — Planning conditions: consequential amendments