Section 75 Planning Obligations
In a statement which adds crystal clarity to the use of planning agreements in Scotland, the Chief Planner has written to all Heads of Planning in Scotland to clarify that a planning agreement entered into prior to the 1st of February 2011 can be the subject of an application to modify or discharge. It was felt necessary to explicitly state this as there appeared to be uncertainty and differences in opinion in the way the new regulations were being applied.
In order to remove any potential for doubt, an Order will be laid before the Scottish Parliament clarifying the position. The Order will confirm that new sections 75A and 75B apply to obligations contained in an agreement entered into under section 75 before 1 February 2011.
Draft National Planning Policy Framework Published for Consultation
After more leaks than a Welsh vegetable show, the Government has finally published its Draft National Planning Policy Framework for formal consultation http://www.communities.gov.uk/documents/planningandbuilding/pdf/1951747.pdf. The development industry at large is generally receiving this as a very positive document, stripping as it does the 1,000’s of pages of current guidance, down into 58 simple to read statements of strategic policy direction. That in itself is useful, but without merit if there is not a clear vision, and agenda for growth. This document does that, with strong statements, such as ‘The primary objective of development management is to foster the delivery of sustainable development, not to hinder or prevent development’, and of course the much trailed ‘presumption in favour of sustainable development’.
It will need a change of mindset in many, but by no means all, Local Authority departments to deliver this Agenda for Growth. Interestingly, the National Trust were the first out the blocks upon its release to challenge the implications of the impact this commitment to growth may have on the environment. But in a fragile economy, with unemployment in the public sector still rising, it will be fascinating to see if such concern engages the wider public voice.
Alliance Planning will be making submissions on the text, and if your organisation would like their specific viewpoint made we would be happy to pass on those views within our own paper. Please speak to any of the Alliance Directors.
The Death of Localism?
It may be to early to be calling the death of Localism, but is the widespread leaking of the impending consultation draft National Planning Policy Framework another nail in the coffin? Or is it just another carefully judged way of securing comment prior to the release of the final document? Who knows? There is no doubt that the Government appear committed to using the planning system to help stimulate growth and have listened to the concerns of many that Localism and the changes being introduced would stifle development. If they stick to their guns and the document emerges from the consultation process in tact, then this is the biggest shake up of planning policy we have seen in decades. The presumption in favour of sustainable development is already being cited in applications and while this does not mean carte blanche for “any development anywhere” as some in the media suggest, it is perhaps the clearest policy shift towards a more pro-active approach to planning as a facilitator, not a constraint on development. It is arguably the best time in recent memory to be promoting development and meeting needs that have been stifled by the planning inertia of recent years. Is it ironic that it happens at a time when finance is still strangling the sector? Well perhaps, but isn’t it also exactly what this country needs?
