Alliance Planning

Planning Update November 2009

DCLG news of interest this month comes in the form of two advice notes. The first relates to a practical Guide now issued to help interpret the ‘Greater Flexibility for Planning Permissions’ changes which we covered in our October newsletter. The Guide can be found at http://www.communities.gov.uk/documents/planningandbuilding/pdf/greaterflexibilityguidance.pdf .

The second relates to the implications of recent judgements on the application of the Environmental Impact Assessment regulations. Two cases are cited, the first makes clear that when LPA’s are determining if EIA is required for an application to change or extend an existing or approved development, the LPA must look at the cumulative effect of the development as modified, not just the extension in isolation. The second case is a detailed point about LPA reasoning if not requiring an EIA. It confirms that whilst reasons need not be given with their decision, they should be made available to any third party on request. Full details are available at http://www.communities.gov.uk/documents/planningandbuilding/pdf/letterenvironmentaljudgment.pdf

Development Planning in Scotland

The new development plan system in Scotland has now been active since February. Strategic Development Planning Authorities are now in place, and fully staffed, and the first Local Development Plan Main Issues Reports are being published. A number of local authorities have already been out to consultation, in some cases seeking views prior to publishing Main Issues Reports, and over the next six months or so all of the others will do likewise.

With a plan-led system, sites not being in the development plan will be a major handicap going forward, and it is, therefore, imperative that anyone wishing to promote or protect assets, or influence planning policy, does so now. It could be five years or more before the opportunity presents itself again.

One thing that seems to be dissuading owners and developers from engaging with the new system is the level of detail required when making representations, including having to submit detailed technical studies. This comes at a bad time for the industry when money is scarce. However, not engaging could have far worse implications for those relying on medium term strategic sites being allocated; whilst it has to be hoped that those responding to, and reviewing, representations show understanding in relation to the depth of information submitted despite what Circular 1 2009 ‘Development Planning’ might say on the subject.

Argyll and Bute Council has launched a consultation exercise to seek the views of all interested parties on how their area might be developed in the future. Developers, landowners, community groups and other interested parties are being asked to complete questionnaires and submit these by the end of January 2010 with their thoughts.

The Draft Local Development Plan Main Issues Report for North Ayrshire was considered by committee this month and will be published for consultation early in 2010.”

If you want to discuss the new development planning system then please contact Paul Houghton, Director, (Glasgow Office)  on 0141 2482882 or email pjh@alliance-plan.co.uk. Paul is helping a number of clients with advice on how best to engage with the new system, and how to do this in a cost-effective way with the appropriate level of technical support.

Waste Exemptions

The Environment Agency and DEFRA are currently undertaking a review of Waste Exemptions the aim of which is to provide a more risk based and proportionate approach to the regulation of waste recovery and disposal operations to complement the new environmental permitting regime. The original proposal was to implement the revised regulations by October 2009 however this has now been put back to April 2010.

Alliance Planning can provide assistance on all aspects of planning, associated with a variety of waste operations as well as advice on Exemptions and Environmental Permitting.  It is important that the relevant planning requirements (if any) are met and subsequently adhered to in addition to any requirements that the Environment Agency may require.  Should you need advice on such matters pleased do not hesitate to contact Steven Fidgett (London 0207 499 1982) Jonathan Halewood (South - 01483 579098), Mark Walton (Midlands - 0121 410 2703) or Paul Houghton (Scotland 0141 248 2882).

• re-register that exempt waste operation under the newly revised Regulations (for a small fee to the EA); or
• apply for an Environmental Permit; or 
• stop carrying out the waste operation.