The Planning and Compulsory Purchase Act 2004 marks the next step in the Government’s aim to reform the planning system, following the Planning Green Paper, “Planning – Delivering Fundamental Change”, published in December 2001. The Green Paper identified the need for fundamental reform of the system to:

• Simplify the complex nature of plans;
• Increase the speed at which plans are produced and decisions on applications are made; and
• Better engage with the community.
• The Act establishes a number of measures that seek to achieve the above objectives with the intention of making the system ‘clearer, faster and more certain’.

1 SUMMARY OF MAIN PROVISIONS

NATIONAL LEVEL
Planning Policy Guidance Notes will be replaced by Planning Policy Statements, a more streamlined set of government planning policies. This will be supported by an increasing quantity of best practice documents.

Structure Plans will be abolished and Strategic Planning Policy will be provided instead by Regional Bodies, paving the way for devolution to Regional Assemblies.

Local Planning Authorities will still produce local planning policy but in a new more flexible form, called Local Development Documents. These will replace Local Plans and Unitary Development Plans.

A number of changes are proposed to reduce delay and speed up decision-making. Local planning authorities now have wider compulsory purchase powers and compensation will be available to occupiers as well as owners.

2 A NEW PLAN FRAMEWORK

NATIONAL LEVEL
National policies are currently set out in 25 Planning Policy Guidance Notes (PPGs) and 15 Mineral Planning Guidance Notes (MPGs). In addition, there are numerous circulars, policy statements, good practice documents, advice and other material relating to such matters as housing, transport, town centres and the countryside. The new plan-making system will see Planning Policy Guidance Notes replaced by Planning Policy Statements (PPSs). These will be reworked to distinguish national planning policy from practical implementation advice. The more detailed implementation advice will continue to be developed as good practice guides, to allow greater flexibility of interpretation at the regional or local level.

STATEGIC/REGIONAL LEVEL
Regional Planning Guidance presently sets development strategies for individual regions. The Government continues to see the need for effective planning at the regional level particularly for developing regionally based policies for strategic issues, such as new housing and transport.

Under the new Bill, structure plans at the County level are abolished. Strategic policy will instead be produced by Regional Planning Bodies in the form of Regional Spatial Strategies (RSSs). More focused and specific to regional needs, Regional Spatial Strategies will provide a framework by which to develop plans and strategies at the local level. The content of these documents is anticipated to be much broader than the current Regional Planning Guidance, and may include additional strategic land use and development matters such as congestion charging. All Local Development Documents (see below) must be in general conformity with the Regional Spatial Strategy. In some cases there may also be Sub-Regional Spatial Strategies (SRSSs).

LOCAL LEVEL
The Act introduces a new type of plan at the local level called Local Development Frameworks (LDFs), which all local planning authorities must produce. They will be made up of a series of documents called Local Development Documents (LDDs) that together will provide the framework for delivering the spatial planning strategy for the area.

Local Development Frameworks must have clear links with the local Community Strategy to assist in delivering its policies relating to land use and development. In doing this, full account can be taken of the land-use consequences of other policies and programmes relating to education, health, waste, recycling and other environmental, economic and social objectives.

What is the Community Strategy?
A local strategy prepared by Local Authorities in conjunction with other public, private and community sector organisations to promote the economic, social and environmental well being of their areas and contribute to the achievement of sustainable development.

They must include:

• A long-term vision for the area which focuses on the outcomes that are to be achieved;
• An action plan identifying shorter-term priorities and activities that will contribute to the achievement of long-term outcomes;
• A shared commitment to implement the action plan and proposals for doing so; and
• Arrangements for monitoring the implementation of the action plan, for periodically reviewing the community strategy, and for reporting progress to local communities.

LOCAL DEVELOPMENT FRAMEWORKS:
Key Components

The Local Development Documents that comprise the Local Development Framework must include a Statement of Community Involvement and can include any additional documents that the local planning authority deems appropriate for delivering the spatial strategy for the area. Typically, the Local Development documents will be made up of the following components:

(A) Statement of Community Involvement (SCI)
This document will set out what and how the Council intends to consult with the community. As the Local Development Documents are intended to be the spatial expression of the Community Strategy, the SCI will also identify the links between the Local Development Documents and the Community Strategy.

(B) Development Plan Documents (DPDs)
Development Plan Documents will form the ‘heart’ of the new Local Development Framework. A series of documents, they will set out the local planning authority’s policies relating to the development and use of land in their administrative area. In most cases, it is likely that these documents will include:

• Core Policy Document – setting out the local authorities’ long-term vision and strategy to be applied in promoting and controlling development throughout its area. It will contain a set of primary policies for delivering the core strategy. Broad locations for development may be set out in a key diagram;
• Area Action Plans – which may be relevant to particular areas of change which require more pro-active policy treatment. These may include the establishment of local partnerships to assist in meeting change. These could apply, for example, to town centres, areas requiring renewal and potentially, conservation areas;
• Proposals Map (with inset maps, where necessary) – showing the areas of change for which action plans are to be prepared and existing designations, such as conservation areas.

In addition, other Development Plan Documents may be produced at the discretion of the local planning authority. These must be identified in a Local Development Scheme (see below) and approved by the Secretary of State.

(C) Supplementary Planning Documents (SPDs)
Supplementary Planning Documents can be developed to further define and implement the policies and strategies contained within the primary Development Plan Documents. Examples include development briefs, car parking standards, and design guides that are applicable to local circumstances. These documents will also be subject to public consultation.

Development Plan Documents and the Statement of Community Involvement must be submitted to the Secretary of State for independent examination. Local authorities must also ensure that the documents are in general conformity with the Regional Spatial Strategy.

LOCAL DEVELOPMENT SCHEME (LDS)
Under the new legislation, local planning authorities must outline every Local Development Document that they intend to produce over the next three years, in a Local Development Scheme . The Local Development Scheme will set out a rolling 3 year timetable for production of the Local Development Documents. It will be reviewed annually.

MONITORING
All local planning authorities must produce an Annual Monitoring Report . This will assess the implementation of the Local Development Scheme and the extent to which policies in Local Development Documents are being achieved.

SUSTAINABILITY
The concept and attainment of sustainable development is increasingly at the forefront of international land use planning. An essential part of the production process is that the emerging plan must be the subject of a Sustainability Appraisal and Strategic Environmental Assessment . The latter is a European Union requirement. While the methodologies of each are slightly different, both have the objective of assessing the economic, social and environmental impacts of Local Development Documents. Documents will be tested to ensure that they reflect sustainable development objectives. Government has suggested integrating the two processes to avoid unnecessary confusion and duplication. The findings of this process must be published by the local planning authority.

3 DEVELOPMENT CONTROL

The Government’s intention is to speed up the processing of planning applications and to improve responsiveness to the needs of the community, especially business. The Act has subsequently introduced a number of modifications to the Town and Country Planning Act 1990, which seek to address these issues.

In summary the Act  introduces:

• Local Development Orders – which local planning authorities can use to implement policies in a Development Plan Document with the aim of encouraging and increasing the pace of development in specific areas;
• Statements of Development Principles – which will initially supplement and may eventually replace outline planning permissions;
• Controls on Twin-tracking and Repeat Applications – giving local planning authorities the power to decline to determine such applications;
• Introduction of Simplified Planning Zones – for certain activities and areas identified by Regional Spatial Strategies;
• Reduction in the Duration of Planning Permissions – from five to three years.
• Statement of Community Involvement – which will cover not only the Local Development Framework but also how the community will be consulted on major planning applications, setting minimum standards for consultation and publicity, and developing an effective pre-application process.

4 COMPULSORY PURCHASE

The Act amends the existing power of local authorities to compulsorily acquire land that is suitable for and required in order to secure the carrying out of development, redevelopment or improvement. It must be demonstrated that such work contributes to the economic, social or environmental well-being of the area.

Additionally, the Bill makes provision for ‘loss payments’ to occupiers and owners/tenants who are not entitled to ‘home loss payments’. The purpose is to provide more generous and fairer compensation to those affected by Compulsory Purchase Orders.

5 THE PUBLIC HAVING THEIR SAY

One of the first stages of producing the new Local Development Frameworks is to submit a Statement of Community Involvement outlining how the local authority intends to consult the community on major planning issues. This will cover consultation arrangements for both the replacement of the current Development Plan and dealing with planning applications.

6 WHERE TO FROM HERE?

The Government has set an objective for all local planning authorities realising the key milestones of their first Local Development Documents by March 2007.

7 FURTHER INFORMATION & USEFUL CONTACTS

For further information about the Planning and Compulsory Purchase Act contact the Office of the Deputy Prime Minister at http://odpm.gov.uk

You can also obtain up to date views on the implementation of the new planning system at the special information pages of the POS website at LDF Project

This information guide has been prepared by John Silvester, Publicity Officer & Spokesperson for the PLANNING OFFICERS SOCIETY