Contact: Tony Cook, ext. 6730 email: [email protected]

1. Summary

1.1 The Planning and Compulsory Purchase Bill has now recommenced its passage through Parliament. At the same time, the Government has invited views on a set of consultation documents dealing with procedures for aspects of the Planning and Compulsory Purchase Bill. Further amendments to the Bill and detailed comments on procedures are proposed to be pursued with the Government to provide for a meaningful role for County Councils in regional and sub-regional planning, and to improve the operation of the new planning process, including allowing additional preparatory work in advance of the commencement date of the Act.

2. Background

2.1 The Planning and Compulsory Purchase Bill proposes to replace the current system of Regional Planning Guidance (prepared by regional assemblies/Government offices), Structure Plans (prepared by strategic planning authorities, including Hampshire County Council) and Local Plans (prepared by District Councils). It proposes a new two-tier system of plans:

(i) Regional Spatial Strategies (RSS) prepared by regional planning bodies (regional chambers/assemblies); and

(ii) Local Development Frameworks (LDFs) prepared by District Councils. There will need to be an LDF covering each district, but the Bill enables several District Councils to prepare a joint LDF if they so wish. Minerals and Waste Local Plans would be replaced by Minerals and Waste Development Frameworks (MWDFs), but still prepared by County Councils.

The Planning and Compulsory Purchase Bill has now returned to standing committee in Parliament with certain amendments, including the ending of Crown immunity.

2.2 The Cabinet considered the implications of the Planning and Compulsory Purchase Bill for Hampshire on 6 January 2003. The Cabinet decided:

(i) That the County Council lobby for an amendment to the Planning Bill to secure a statutory role for County Councils in sub-regional planning.

(ii) That, in the event of the Planning Bill not being amended to give County Councils a statutory role in sub-regional planning, the County Council explores the future role other county and unitary councils in the South East region wish to pursue before deciding what approach to take.

(iii) That work continue with all speed on sub-regional strategies for the Blackwater Valley/Basingstoke area and for South Hampshire, with a view to underpinning a new Structure Plan to be placed on deposit by April 2004 or as sub-regional strategies to underpin the new Regional Spatial Strategy.

(iv) That a role for the County Council in developing Local Development Frameworks be pursued both through seeking amendments to the Planning Bill and by a constructive dialogue with Hampshire District Councils.

2.3 The Cabinet further considered the proposed reform of the planning system on 28 July 2003. It was decided to seek a clearer role for Hampshire in the preparation of the Regional Spatial Strategy, to work on improving the emerging secondary legislation, and to influence the new spatial planning regime though the community planning process. The Cabinet also considered regional government arrangements on 24 February, 27 May and 27 October 2003.

2.4 The Government has now published a series of consultation documents:

(i) Planning Policy Statement 11 (PPS11) - Regional Planning;

(ii) Planning Policy Statement 12 (PPS12) - Local Development Frameworks;

(iii) Town and Country Planning (Regional Planning) (England) Regulations 2004;

(iv) Town and Country Planning (Local Development) (England) Regulations 2004;

(v) Local Development Frameworks - Guide to Procedures and Code of Practice;

(vi) Creating Local Development Frameworks;

(vii) Town and Country Planning (Transitional Arrangements) (England) Regulations 2004;

(viii) Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2004; and

(ix) Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2004.

Comments on the draft guidance and regulations are required by 16 January 2004. A further consultation document on Planning Obligations will be considered separately by the Executive Member for Policy and Resources on 11 December 2003.

3. The Government's Proposals

3.1 The Planning and Compulsory Purchase Bill returned to standing committee in the House of Commons in October 2003 following agreement for it to be carried into the next session of Parliament. The Government's amendments for the recommittal of the Bill included:

(i) An amendment to Clause 13 to make clear County Councils' duties to keep under review matters relevant to county interests including the planning of the area's development.

(ii) Technical amendments to Local Development Orders and Statements of Development Principles.

(iii) An amendment to arrangements for Public Inquiries into major infrastructure projects to give the Secretary of State a degree of flexibility to appoint and change the number of additional inspectors during the inquiry process.

(iv) An amendment to widen the use of dual jurisdiction on applications where there has been an appeal against non-determination.

(v) An amendment to alter the duration of consent of planning permission from five years to three years.

3.2 PPS11 and the draft Regulations on Regional Planning set out procedural policy in relation to the content and preparation of a regional spatial strategy. This should cover a period of 15 years and identify the scale and distribution of new housing, priorities for the environment, transport, infrastructure, economic development, agriculture, minerals and waste. Guidance is provided on community involvement.

3.3 PPS12 and the draft Regulations on Local Development Frameworks set out the policies on the preparation of Local Development Documents. A Local Development Scheme detailing plans to be saved and documents to be prepared must be approved within six months of the Act. PPS12 gives details of the process to submit Local Development Documents as well as the arrangements for examination and adoption. The requirements for stakeholder and community involvement in the plan process are also covered in the consultation documents. Authorities have to produce an annual monitoring report.

3.4 The Town and Country Planning (General Development Procedure) (Amendment) Order includes provisions on a number of development control issues, including Statements of Development Principles, Local Development Orders and a new duty to respond to statutory consultees.

3.5 Details of the various consultation documents are given in the attached appendices. Appendix 1 is a Briefing Note on the various documents. The comments section in the Briefing Note is intended to form the basis of a response to the consultations, the main points of which are set out in section 4 below. Appendix 2 gives details of the questions posed by the Government as part of the consultations.

4. Comments of the Director of Environment

4.1 The amendments to the Planning and Compulsory Purchase Bill and the consultation documents on procedures give further details on the Government's proposals to reform the planning system and speed up decision taking. There is though still considerable conjecture as to how the new system will work and whether it will be flexible and effective in improving the time taken to approve development plans.

4.2 Whilst it is clear that it is intended to create a two tier planning system with plan formulation focused at the regional and local level, the Government has recognised the capacity and expertise of County Councils in supporting plan making in the new guidance. It will therefore be important to influence how best the County Councils can participate in a reformed planning system.

4.3 Current lobbying is directed towards seeking a statutory role for all councils that deliver major functions with land use implications. County Councils should be credited with a statutory role in the RSS process. This has been resisted by the Government up to now to avoid the situation of a Regional Planning Body being forced into arrangements with an unwilling County Council, but discussions are still continuing on this issue.

4.4 The draft PPS11 envisages regional planning bodies entering into arrangements with strategic planning authorities (county and unitary councils) for the latter to provide assistance ranging from leading sub-regional strategy preparation to assessing the conformity of Local Development Documents and commenting on planning applications of regional/sub-regional significance. So that all parties, including the public, are clear on which body is undertaking which tasks, the draft PPS11 should require each regional planning body to draw up and publish an agreement between it and the strategic planning authorities within its area. In request of these tasks, however, the Government should be advised that Hampshire County Council will not wish to take on the roles of assessing the conformity of Local Development Documents and commenting on planning applications unless a statutory role for County Councils is added into the Bill. (It is understood that other County Councils are also likely to adopt this stance.)

4.5 Without a statutory role, different `agency' arrangements may be negotiated across the whole country between regional planning bodies and County Councils. For the South East Region, a preference has been expressed by SEERA officers for a `memorandum of understanding' between authorities. However, this is unlikely to be easily negotiated between all local authorities in the Region.

4.6 It is likely that the new arrangements for strategic planning will reduce local community engagement in the planning process. There must be a concern that the distance between the regional and local level will be too large to achieve meaningful community participation which is an objective of the new planning system.

4.7 There is a real danger that the proposed new arrangements will create a hiatus in the planning system. It is intended that implementation of the new arrangements will commence in July 2004 which means that there is a very tight timescale to move to the new system of plans. There are substantial aspects of the new process of plan making which are unclear, this will inevitably mean that the progress of new RSS and LDFs will be delayed. Despite the desire to introduce the new planning system quickly, there are no provisions for pre-commencement work. The County Council has initiated preparatory work on the Hampshire Minerals and Waste Development Framework but parts of this work may have to be repeated unless some recognition is given to previous activities. This matter needs to be further pursued with GOSE and the Office of the Deputy Prime Minister.

4.8 The Government is seeking integration between the new plan making system and other regional strategies as well as integration with community strategies. The relationship between all the strategies is uncertain and if integration is to be achieved it will need clear parameters to prevent stifling the process.

4.9 Integration between strategy preparation and implementation/delivery is also crucial. Under the new regime, these will be divorced in key areas: strategy preparation will be within the province of regional assemblies and district councils, yet delivery of transport, education and other key components of the spatial strategies will rest with County Councils in shire areas. The draft PPS11 offers no robust means for ensuring integration.

4.10 The new planning system places emphasis on `front loading' the work on objections and modifications to the plan in advance of the public inquiry, in contrast to the current development plan system. The Government appears optimistic that early involvement of different interests will ultimately lead to a faster planning system. It would be wrong to underestimate the size of the task of resolving in a short period of time conflicting interest views, and the potential impact of legal challenges on the plan making and development control processes. This will inevitably place pressure on tight staff and budget resources to comply with the timetables for plans required by the Government.

4.11 The 32 months timetable which the draft PPS11 envisages for RSS preparation is unrealistically short, especially in respect of the inaugural RSS when regional planning bodies and their partners are simultaneously trying to understand the new system and also to operate it. Such a tight timetable would mean sacrificing the quality of the strategy and community involvement in the quest for speed. Each RSS will deal with major issues, such as the location of new housing development over the next 20 or so years; by comparison, an extra six months for the strategy preparation seems a small price to pay for a better quality product.

4.12 There will be a considerable procedural impact that will arise from implementing the new processes. The current consultation documents raise many issues related to regional planning, minerals and waste planning and development control. The implications for the County Council are detailed in the attached Briefing Note.

4.13 The Government is still in the process of preparing requirements for some aspects of the new system and further planning policy statements and advice will be issued. Some documents will not be available until spring 2004.

4.14 In conclusion, the Planning and Compulsory Purchase Bill has recommenced its passage through Parliament. Whilst some amendments have been agreed to the Bill, further lobbying is needed to achieve a statutory role for County Councils in the new strategic planning arrangements. Further discussion with GOSE and the Office of the Deputy Prime Minister is needed to allow additional preparatory work in advance of the commencement date of the Planning and Compulsory Purchase Act. There are potentially considerable implications arising from the new procedures especially for the preparation of development plan documents for minerals and waste which will increase pressure on existing staff and budget resources.

Recommendations

1. That the Committee comments on the proposed new arrangements set out in the consultation documents for regional planning, local development planning and development control, and the proposed responses to Government.

2. That County Council officers should make a further report in due course on the resource and timing implications arising from the new approach to planning matters and the proposed procedures put forward by the Government.

8423/TC