THE HANDY GUIDE TO PLANNING GUIDE€¦ · SPD: Supplementary Planning Document UDP: Unitary...

THEHANDYPLANNINGGUIDE

THE HANDYGUIDE TOPLANNING

Urban Forum’s Handy Guide to England’sPlanning System, produced with assistancefrom Planning Aid. By Caroline Gaunt, Elin Gudnadottir and Louise Waring

URBAN URBAN FORUM

Endorsed by the Royal Town Planning Institute (RTPI)

Planning Guide_2006.qxd 2/6/06 15:01

Glossary of Abbreviations

AAP: Area Action Plan

CEN: Community Empowerment Network

DCLG: Department for Communites & Local Government

DPD: Development Plan Document

EIP: Examination in Public

LAA: Local Area Agreement

LDF: Local Development Framework

LDS: Local Development Scheme

LSP: Local Strategic Partnership

MPS: Mineral Policy Statement

ODPM: Office of the Deputy Prime Minister

PPS: Planning Policy Statement

RPB: Regional Planning Body

RSS: Regional Spatial Strategy

RVSN: Regional Voluntary Sector Network

SCI: Statement of Community Involvement

SCS: Sustainable Community Strategy

SDS: Spatial Development Strategy is the Regional Spatial Strategy for London (frequently referred to as the ‘London Plan’)

SP: Structure Plan

SPD: Supplementary Planning Document

UDP: Unitary Development Plan

THE HANDY GUIDE TO PLANNING

Urban Forum’s Handy Guide to England’s Planning System, produced in conjunction with Planning Aid

First edition 2006

By Caroline Gaunt, Elin Gudnadottir and Louise Waring

Published by Urban Forum, 70 Cowcross Street, London EC1M 6EJ

First published 2006. © Urban Forum 2006

ISBN 0-9551421-1-3 ISBN 978-0-9551421-1-6

Designed and Printed in England by Eyemedia 01425 272197

Acknowledgements: Special thanks toSheena Terrace and Hannah Marshall (Planning Aid)and Helen Walker (ASC). Pictures supplied by WestMidlands Planning Aid Service and Urban Forum


1. Introduction 4

2. What is Planning? 5

Why is planning important? 5

Who decides? 6

What links are there with the Sustainable Community Strategy? 6

How do I get involved? 7

3. The Planning System and How to Get Involved 8

Plan Preparation 8

National Level 8

Regional Level 8

Getting Involved – Regional Planning 9

Local Level 10Getting Involved – Local Planning 12

Statement of Community Involvement 14

Development Control 15

Getting Involved – Submitting an Application 16Getting Involved – Commenting on an Application 17

4. Find out more? 19

Test of Soundness 20

5. Useful Contacts 21

Disclaimer 26

CONTENTS>>


THE HANDY GUIDE TO PLANNING4

Every day, decisions about oursurroundings are being made: housesand roads are being built, shoppingcentres are enlarged and areas arebeing regenerated.Past and present decisions determinehow the areas we live in look today andtherefore affect how we feel about anarea and how we go about our daily rou-tine. For example, the route we take towork, where we do our shopping, wherechildren can play, where young peoplecan meet, how we spend our leisure timeand whether we can find space to parkthe car. These decisions are all madethrough the planning system, so whetheryou are aware of it or not you are con-stantly participating in planning. Theimportant question is whether you wantto play an active role in planning, helpingto shape the decisions that are made.

The aim of the Handy Guide is to giveyou the opportunity to be activelyinvolved in the planning process, and tohave some control over the future of yourenvironment. It is written for communityand voluntary organisations and membersof the public who have limited experienceof planning but would like to get involved.

The Guide is written by Urban Forumwith assistance from Planning Aid. If you

INTRODUCTION

want more comprehensive information onthe items discussed in this Guide thenplease see the Planning Information Pack(page 19) produced by Planning Aid withassistance from Urban Forum. BothGuides are endorsed by the Royal TownPlanning Institute (RTPI).

This Guide starts by explaining whatplanning means, why it is important, howplanning links with other strategies thatshape our surroundings (for example, theSustainable Community Strategy), andwho does what in planning. It then pro-vides an overview of the planning systemat the national, regional and local leveland explains how you can get involved.At the back of the Guide you will find alist of useful contacts.


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Planning is the system bywhich the use and development ofland is managed for the benefit of allthe community (for uses such ashousing, schools, shops, offices, facto-ries, airports and community facili-ties). The overall aim of the system isto ensure a balance between enablingdevelopment to take place and con-serving and protecting the environ-ment and local amenities. The idea isto create better places for people tolive, work and play in.The Government has recently started totalk about ‘spatial planning’. It bringsplanning together with the policies andprogrammes which have an impact onpeople and their environment and there-fore goes beyond just looking at the useof land. Links with other strategies, suchas the Sustainable Community Strategyare explored further on page 6.

People often have negative feelings aboutthe planning process. The system canseem complicated and full of jargon.However, there have recently been impor-tant changes to the system to enablecommunities to engage fully in allaspects of planning, including the prepa-ration of plans and decisions on planningapplications.

WHAT IS PLANNING?Why is planning important?

Planning directly affects our physicalenvironment and in doing so influencesour quality of life and general well-being.Development of land makes a big differ-ence to how we feel about our neighbour-hoods, from the uses allowed in a partic-ular area (like housing, retail or industrial)to the design of a building, to the ameni-ties that may be provided as part of adevelopment, such as open space andchildren’s play space.

It is important to get involved early on inthe planning process, so that you knowhow to influence it and make your voiceheard. Being involved will allow you tohear about and influence proposedchanges to your neighbourhood beforedecisions are made.

The value of early and continued involve-ment of local communities in the planningsystem has been recognised for sometime. Working with local people hasbecome more important with the passingof the Planning and Compulsory PurchaseAct (2004). This seeks to increase com-munity involvement. For example, localauthorities are now required to prepare aStatement of Community Involvement(SCI) which sets out how the localauthority intends to involve the communi-

>>



ty in preparing plans and making deci-sions on planning applications. Moreinformation on SCIs can be found onpage 14 (see sheet 7 of the PlanningInformation Pack for full details).

Who decides?

Local authorities are given legal powers tomanage development. The process is over-seen by central Government (Dept. forCommunities & Local Government (DCLG),formerly Office of the Deputy PrimeMinister) which prepares Planning PolicyStatements (PPS) setting out the planningpolicy local authorities should follow on anumber of issues including housing, retail,transport and renewable energy. Each PPSis numbered. For example, PPS1 sets outthe aims and objectives of the planningsystem (please see sheet 1 of the PlanningInformation Pack for a full list).

At the regional level, planning is carried outby the Regional Planning Bodies (usuallythe Regional Assemblies, or for London,the Mayor). Local authorities must takePPSs and regional plans into account whenpreparing their local plans.

Decisions on applications are made bythe local authority in accordance with thecontent of its plan.

National policy and action is also influ-enced by other Government departmentssuch as the Department for Environment,Food and Rural Affairs (DEFRA),

Department for Transport and HomeOffice (See sheet 1 of the PlanningInformation Pack for full details).

What links are there with theSustainable Community Strategy?

One of the objectives of the new PlanningAct is to link planning with differentstrategies that already exist in your localarea. The Sustainable CommunityStrategy (SCS) is of particular impor-tance, although you may need to beaware of other strategies and plansincluding: Parish Plans, Housing NeedStatements and Education Strategies.

The SCS gathers together good ideas toimprove local areas and services. By lawall local authorities in England must pre-pare one to ‘promote or improve the eco-nomic, social and environmental well-being in each area’. The SCS sets out anoverall framework for your local area. Theplanning system should deliver thoseparts of it that relate to the developmentand use of land.

The SCS is normally prepared through theLocal Strategic Partnership (LSP) whichexists in most areas. The LSP bringstogether local agencies (such as thepolice, social services, health servicesand the local authority) in order to pro-duce the SCS. LSPs should also includevoluntary groups, community groups andresidents, and you may already be


7

involved with your LSP, often through aCommunity Empowerment Network.Further information on LSPs can be foundin the LSP Guide, published by UrbanForum and the Community DevelopmentFoundation (contact details on page 21).

How do I get involved?

Your involvement in the planning system,at a local or regional level, is essential forsuccessful development because you haveknowledge of your area and its needs thatplanners and developers may not.

Whether you are a resident, residentgroup or part of a voluntary or a commu-nity organisation, make sure that yourviews are being taken into account. Thedecisions that are being made throughthe planning system will affect your envi-ronment so do say what you think!

There are two main ways to have yoursay in the planning system. These are:

a) Plan preparation: at both the regionallevel and the local level it is possible for

you to influence the preparation of plans.These plans set out a vision for how anarea will develop and change over time,as well as guide future development.

b) Development control: Prior to mostdevelopment taking place, a planning appli-cation must be submitted and approved ata local level by the local authority.Decisions on planning applications arebased on the content of regional and locallevel plans (see ‘Plan preparation’ above).This process is commonly known as devel-opment control, but sometimes referred toas development management. You shouldbe aware that certain types of develop-ment do not require planning permission.To find out if a development requires plan-ning permission you need to speak to theplanning department of your local authority.

Most people get involved in the planningsystem by making or commenting onplanning applications. Given that the deci-sions on planning applications are madein line with the plans (local and regional),it is important to influence the content ofthese plans.

In order to promote fairness, the planningsystem is governed by regulations andstrict deadlines. The sooner you getinvolved the more likely you are to beable to influence decisions. The remain-der of this Guide gives you a briefoverview of planning and aims to helpyou participate in the system.



In this section, plan preparation atnational, regional and local level isexplained. We then explain how youcan get involved at regional and locallevels.

PLAN PREPARATION

Plan Preparation – National LevelAt the national level, Parliament is respon-sible for making laws and setting out thelegal framework for planning. The Dept. forCommunities & Local Government (DCLG),is responsible for producing national guid-ance through Planning Policy Statements(PPS), Mineral Policy Statements (MPS),and Planning Circulars. In England, there isplanning legislation, policy and guidancebut no national spatial plan.

The Planning and Compulsory PurchaseAct (2004) has recently come into effect.It has a number of aims, including makingit easier for people to participate in theplanning process, making the systemfaster, simplifying the ways decisions aremade and prioritising sustainable develop-ment. This normally means developmentthat meets the needs of the presentgeneration without compromising thequality of life of future generations.

THE PLANNING SYSTEM ANDHOW TO GET INVOLVED

All plans and decisions made at the local andregional level must be in line with nationallegislation and policy (see sheet 1 of thePlanning Information Pack for full details).

Plan Preparation – Regional Level

The Regional Planning Body (RPB), usuallythe Regional Assembly, is responsible forthe preparation and review of the region’splan known as the Regional SpatialStrategy (RSS), except in London wherethe Mayor prepares the SpatialDevelopment Strategy (SDS). The RSSreplaces Regional Planning Guidance andCounty Structure Plans.


9

must be convinced that you have animportant planning point to make. Thereason given for this is that the RSS isdealing with the broad, rather than site-specific issues (See sheet 3 of thePlanning Information Pack).

> Look out for sub-regional plans that affect your area.

> Find out who is being consulted and make sure that your group isincluded in the Regional Participation Statement.

> Remember that there is no right to be heard, so make sure that your written representations are focused on planning issues such as housing developments, urban extensions and transport infrastructure.

> Keep your comments as simple and focused as possible.

> Contact your Regional Voluntary Sector Network (RVSN) to find out if they are involved in planning– see page 24 for contact details.

REGIONALTIPS

>>The strategies, which must be prepared,cover a 10–15 year period and deal withbroad or strategic issues such as the num-ber and general location of new houses.The RSS is important because it will guidewhat happens locally on issues such asenvironment, infrastructure, transport,housing, economic development, agricul-ture, minerals and waste and will influencethe content of your Local DevelopmentFramework (LDF). Also included in theRSS are sub-regional strategies and poli-cies that only cover part of the region.

In developing the RSS, the RPB must pro-duce a Statement of Public Participationor Regional Participation Statement set-ting out who will be consulted and how.(see sheet 2 of the Planning InformationPack for full details).

Getting Involved – Regional PlanningWhen the RSS is prepared there will beformal opportunities to get involved.These are known as consultation periods.Any group or individual can submit com-ments. Following consultations, there willnormally be a round-table discussionknown as an Examination in Public (EIP).This is an opportunity for debate and test-ing of issues that arise. However, unlikethe system at the local level, there is noright to be heard at the EIP even if youhave submitted comments (known as‘representations’). Instead people areinvited to appear. To be included, the RPB



Development Plan

Documents

> Core Strategy: this sets out the general vision or overview for your local area and the most important policies.

> Site-Specific Allocations and Policies: these are documents which allocate sites for specific uses.They may include details relating to design, access, density and affordablehousing.

> Area Action Plan: these are prepared for areas where there is pressure for change, for example through regeneration or conservation.

> Proposals Map: this is a map covering your local authority area, showing the location (or ‘allocation’)of the policies and proposals set outwithin the LDF. This map will show things like the green belt, housing allocations and transport proposals.

> Other Development Plan Documents: for example, Development Control Policies – some authorities prepare a separate document listing the main policies for controlling development.

Plan Preparation – Local LevelMany local authorities have a department orsection that deals specifically with planningissues and in some, plan-making is com-bined with work on Sustainable CommunityStrategies. The development control func-tion or development management is oftencarried out by separate teams.

Planning officers within the plan prepara-tion department are responsible forpreparing the Authority’s LocalDevelopment Framework (LDF). The LDFreplaces the old style of Local Plans orUnitary Development Plans (UDPs), and isintended to make the planning systemless formal and more flexible.

The LDF should be seen as a folder whichcontains various planning documents.The most important of these are subjectto strict procedures, including examina-tion by an independent person (known asan Inspector). These documents arecalled Development Plan Documents(DPDs) and planning decisions are madein accordance with them, unless thereare good reasons not to.

Other documents contained in the LDFinclude Supplementary PlanningDocuments or SPDs which fill in thedetails of policy which have already beendecided in the DPDs, the LocalDevelopment Scheme and Statement ofCommunity Involvement.

Below is a list of the main documentsin the Local Development Framework:


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Local Development Framework (LDF) Documents KEY – Required ■ Optional ■ Project Plan ■

DEV

ELO

PMEN

T PL

AN D

OCU

MEN

TS

Overall, the LDF looks ahead and sets outa vision for your area of at least 10 years,or longer if the Regional Spatial Strategy(RSS) sets out a longer-term vision. TheLDF will be reviewed regularly over thisperiod, by amending the variousdocuments within it in order to reflectchanging needs and circumstances.

Each document in the LDF is likely to beprepared separately but all documentsshould be consistent with each other andwith other strategies (such as theSustainable Community Strategy andLocal Transport Plan). The LDF mustreflect the RSS.

Other Documents

You need to be familiar with these docu-ments. They explain how and when other documents will be prepared.

> Local Development Scheme (LDS):this sets out the range of plans and timeframes for producing all the docu-ments. This is a useful starting point for you to find out when the local authority will be preparing the various documents.

> Statement of Community Involvement (SCI): this explains howyour local authority will consult you on plan preparation and development control (see page 14 for more information).

> Your LDF may also contain Supplementary Planning Documents: These fill out details of policies contained elsewhere in the LDF.



Getting Involved – Local Planning

The Statement of Community Involvement(SCI) is key to your participation in plan-ning decisions that are made at the locallevel. Remember, the SCI will set outguidelines for how the community will beconsulted, including timescales and meth-ods of consultation. SCIs are looked at inmore detail on page 14.

The preparation of each DPD (see page10) will follow set (strict) procedures,with a number of formal consultationperiods. It is very important to getinvolved as early as possible, at the‘issues and options’ and/or ‘preferredoptions’ stages. Don’t wait until theExamination to make your comments.

The local authority will start the processwith an information gathering phase whenthey will seek suggestions and views onthe issues to be covered by the docu-ments. This is often called the ‘issues andoptions’ stage. You should be aware thatthere is no fixed period for involvement inthis phase. Get involved and make yourideas known at this early stage, as youare more likely to influence thinking.

Having gathered information, the localauthority will then produce a ‘preferredoptions’ document. This document, con-taining policies and proposals, will bemade available for a (fixed) six week con-sultation period. The documents and sup-

porting evidence will be advertised locallyand be made available on your authority’swebsite.

Your local authority must consider all thecomments made at the preferred optionsstage in preparing its ‘final’ document.They must be able to show how commu-nity involvement has influenced thepreparation of the ‘final’ document.

This ‘final’ document is then submitted tocentral Government (the Secretary ofState). This is the point when theExamination process starts and a furthersix week period of consultation isallowed. Following the consultation, thelocal authority will need to show centralGovernment how they have taken onboard the comments made.

The next stage of the Examinationprocess involves an Independent


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> Find out when your local authorityis preparing its LDF documents.

> Familiarise yourself with the LDF, particularly the LDS and SCI and find out when the documents will be written and/or reviewed.

> Get involved as early as possible -ideally at the ‘issues and options’ or ‘preferred options’ stage .

> Your views may not be taken intoaccount if they are made late in the process. Don’t wait until the Examination to make your comments.

> If you do provide comments at the Examination, be sure to relate them to the ‘tests of soundness’ which the Inspector will use to examine the document.

> It is important to be proactive. If you have ideas for how you want your neighbourhood to be developed, let your local authority know.

> Keep your comments as simple and focused as possible.

> Seek advice from Planning Aid – see page 21.

LOCALTIPS

>>Examination (or Hearing), where the‘final’ document is examined by an inde-pendent Inspector. Anyone making com-ments (known as ‘written representa-tions’) on the document during the con-sultation period has the right to be heardat the Examination. However, it is impor-tant to understand that the documentswill be adopted unless the Inspectorthinks that they are not ‘sound’.Therefore, any comments submitted atthis late stage must relate to the “tests ofsoundness” which the Inspector will useto examine the documents. For moreinformation on ‘tests of soundness’ andmaking written representations see page20 of this Guide.

Unlike the old system where plans werereviewed infrequently, each document inthe LDF will be reviewed on a regularbasis. This gives you more opportunity toinfluence what goes into the LDF.

Note: procedures for SupplementaryPlanning Documents are simpler, butremember you will not be able tochange policies already set out inDevelopment Plan Documents.


To successfully participate in the planningsystem it is important to be familiar withyour Statement of CommunityInvolvement (SCI). This sets out the wayyour local authority will consult you onplan preparation and development control.If you get involved in the SCI it shouldmake it easier for you to participate in thepreparation of other LDF documents.Local authorities must consult the com-munity in preparing and reviewing theirSCI. There are formal opportunities to getinvolved. You need to speak to your localauthority to find out when these are. Youshould be aware that there is no require-ment to have an SCI before developingthe LDF. But remember strict rules requir-ing proper consultation and involvementapply whether the SCI has been writtenor not.

Whilst the SCI mustmeet certainrequirements setout by centralGovernment, it willbe tailored to localcircumstances. Therequirements for theSCI are a minimumand local authoritiesare expected to domuch more to prop-erly meet the needsof the community.

SCIs should:

> Explain why the local authority needs to engage with the community, and what resources willbe provided to do so.

> Set out the types of organisations and communities that the local authority will involve.

> Set out the range of techniques that will be used to inform, consult and involve communities.

SCIs must also link to other communityinvolvement strategies, including theSustainable Community Strategy. In thefuture there may be one SCI prepared byyour local authority for the LDF,Sustainable Community Strategy andLocal Area Agreement (see sheet 7 of thePlanning Information Pack for full details).

Local authorities mustconsult the communi-ty in developing theirSCI, and you shouldcontact them to findout where they are inthe preparation ofthis document. If pos-sible get involvedwith the SCI, andmake sure that thelocal authority isaware of yourinterest in planning.

> Check where your local authority is in preparing the SCI and if possible, participate in its production.

> If you are a member of a communityor voluntary group, make sure you are included in the SCI.

> If the SCI has already been producedfind out when it will be reviewed.

SCITIPS>>

>> Statement of Community Involvement (SCI)


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DEVELOPMENT CONTROL

The development control section withinyour local authority generally deals withplanning applications, appeals andenforcement matters (enforcementincludes where development has takenplace without planning permission).

Once a planning application has been sub-mitted, your local authority will assess it.The decision to grant or refuse permissionis made in line with the policies set out inthe main documents of the LDF – theDevelopment Plan Documents (DPDs).These are the core strategy, site specificallocations and proposals, area actionplans and the proposals map, and thedevelopment control DPD if the authorityhas one. The decision will also take intoaccount other issues (known as ‘materialconsiderations’) which will include thingslike noise, design, loss of light and supple-mentary planning documents.

Normally, decisions on large or con-tentious planning applications are madeat a Planning Committee made up ofelected Councillors. Your local authoritywill have a set of criteria for applicationsgoing to committee. Councillors considerreports prepared by their planning officersand have the final say on whether a plan-ning application should be granted orrefused. Councillors do not have toaccept the advice given to them by theirofficers but in most cases they do.

For minor applications, planning officersnormally make decisions on behalf ofCouncillors. These are known as ‘delegat-ed powers’. It is a good idea to phoneand check how your local authority oper-ates, so you know how decisions will bemade. No two areas are the same (seesheet 8 of the Planning Information Packfor full details).There are two ways ofgetting involved in development control;either by submitting an application, orcommenting on an application.



> Contact your local authority to find out if you need planning permission or any other consent.

> Keep in touch with the local authority to see how your application is progressing.

> Seek advice from Planning Aid – sheet 8 of the Planning Information Pack provides detailed information on applying for planning permission.

TIPS>>Getting Involved – Submitting an

application

If you are thinking about starting a devel-opment project, for example extending ahouse, creating a play area or changingthe use of a building, then you shouldcontact your local authority. Check if youneed planning permission and any otherconsent (for example, you may alsorequire building regulations or listed build-ing consent).

There are two types of application; fulland outline. Full applications require fulldetails of the proposed developmentincluding access, layout and design.Outline applications require less detailand can be used to find out whether adevelopment is acceptable in principle.All applications must be submitted to thelocal authority on a form supplied bythem, with drawings showing thelocation of the site and what you are pro-posing. Ask your local authority exactlywhat kind of drawings are required.

Submitted planning applications will beregistered and those affected by thedevelopment will be notified.

In making a decision your application willbe assessed against the policies set outin documents contained in the LocalDevelopment Framework (LDF). For mostapplications decisions should be madewithin 8 weeks (for large applications it

is 13 weeks). If the decision is beingmade by a Planning Committee you maybe allowed to attend and may be giventhe opportunity to present your applica-tion. Remember different local authoritiestake different approaches to committeemeetings. It’s worth checking with yourlocal authority if there is the opportunityto attend and to speak about your appli-cation. After the Councillors have lookedat the application, they will make a formaldecision which will be sent to you in thepost. If the decision making has been del-egated to a planning officer, you will alsobe notified of the decision in writing.

The decision will either be for approval,refusal or approval subject to conditions.


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If your application is refused, or grantedwith conditions you think are unreason-able, you have the right to appeal.However, only the person or organisationwho submitted the planning applicationcan appeal.

Getting Involved – Commenting

on an application

Your local authority keeps a list of allapplications. This is known as the ‘regis-ter’. Your authority will also produce aweekly list of new applications which canbe seen either on the internet, at yourlocal authority offices or on request.These lists contain important informationon planning applications and provide con-tact details for more information.

In addition to keeping a register, yourlocal authority is required to notify imme-diate neighbours of any application that

will affect them. You will be notifiedeither by letter or a site notice (oftenseen on lamp posts). For certain applica-tions the local authority is required toplace a public notice in the local press. Itis important to read these documents asthey will contain deadlines for receivingcomments as well as details about whereto get more information.

If you need more detailed information ona specific development, contact yourlocal authority’s planning department andask to speak to the planning officer deal-ing with the application. Get as muchinformation as possible and ask to benotified of any changes or amendmentsto the proposal.

You can also contact your local WardCouncillor and explain any issues youmay have with a specific application.However if your local Ward Councillorsits on the Planning Committee, they maybe unable to advise you as all PlanningCommittee Councillors have to remainneutral.

Everyone has a right to comment onother people’s applications. Commentsmust be made in writing and receivedbefore the deadlines.

Comments must be planning related, forexample, is the application in line withpolicies identified in the LDF documents?Does the proposal create traffic



> Be aware that there are strict deadlines for making your comments.

> View the register or the list of existing planning applications.

> Check the local press and site notices for any information on new development in your area.

> For detailed information on a specific development, contact your local authority. Meet with planners dealing with the application to discuss your concerns or support.

> When commenting on an application, give clear and concise planning reasons, and where possible, use the documents within the LDF to support your case.

> Find out if there are other groupsthat are interested in the same issues and join forces with them if possible. That way you are more likely to be heard.

> Seek advice from Planning Aid – see contact details on page 21.

TIPS>>problems? Are there design issues toconsider? Are there access issues whichneed to be addressed? The decisioncannot take into account the effect theproposed development could have onproperty values. It is also worthremembering all comments onapplications are made publicly available.

If the decision is to be made at aPlanning Committee you may be giventhe opportunity to attend and presentyour comments. Again, you will need tofind out whether your local authority pro-vides this opportunity. Everyone whocomments on an application will beinformed of the decision in writing.

If you have commented on someoneelse’s planning application and are notsatisfied with the decision there are onlylimited opportunities to challenge thedecision (see sheet 15 of the PlanningInformation Pack).

If you are concerned development hastaken place in your area without theappropriate planning permission, speakwith your local authority and they maydecide to take enforcement action (seesheet 12 of the Planning InformationPack).


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Introduction

1 Spatial Planning in England

Plan Preparation

2 Regional Spatial Strategies - what are they?

3 Regional Spatial Strategies - how to get involved

4 Local Development Frameworks - what are they?

5 Local Development Frameworks - how to get involved

6 Independent Examinations and Examinations In Public

7 Statements of Community Involvement

Development Control

8 Applying For Planning Permission

9 Commenting on Planning Applications

10 Appeals

11 Special Planning Consents: Listed buildings, Conservation Areas

12 Enforcement

13 Planning and Small Businesses

14 Planning Obligations

Further Information

15 Redress

16 Useful Contacts and Publications

17 Glossary

FIND OUT MOREMore comprehensive information on the issues outlined in this guide is

available in The Planning Information Pack written by Planning Aid with assis-tance from Urban Forum. The pack comprises a series of information sheets andis available from your regional Planning Aid office – see contacts on pages 21/22.References to these sheets have been made throughout this Guide.

>>

Sheetnumber Content


Extract from Planning Policy Statement (PPS)12: setting out the test ofsoundness relating to development plan documents (see page 13).

“The presumption will be that the development plan document is sound unless it is shown to beotherwise as a result of evidence considered at the examination. The criteria for assessingwhether a development plan document is sound will apply individually and collectively to policiesin the development plan document. A development plan document will be sound if it meets thefollowing tests:

Procedural

i it has been prepared in accordance with the local development scheme;

ii it has been prepared in compliance with the statement of community involvement, or with the minimum requirements set out in the Regulations where no statement of community involvement exists;

iii the plan and its policies have been subjected to sustainability appraisal;

Conformity

iv it is a spatial plan which is consistent with national planning policy and in general conformity with the regional spatial strategy for the region or, in London, the spatial development strategy and it has properly had regard to any other relevant plans, policies and strategies relating to the area or to adjoining areas;

v it has had regard to the authority’s community strategy;

Coherence, consistency and effectiveness

vi the strategies/policies/allocations in the plan are coherent and consistent within and between development plan documents prepared by the authority and by neighbouring authorities, where cross boundary issues are relevant;

vii the strategies/policies/allocations represent the most appropriate in all the circumstances, having considered the relevant alternatives, and they are founded on a robust and credibleevidence base;

viii there are clear mechanisms for implementation and monitoring; and

ix the plan is reasonably flexible to enable it to deal with changing circumstances.

Where the development plan document relates to housing, local planning authorities shouldproduce housing trajectories which will demonstrate how the plan will deliver the policiesrelating to housing provision. This will be important in clarifying the delivery mechanisms of thedevelopment plan document which will be part of the test of whether it is sound.”

Office of the Deputy Prime Minister, 2004

>> Test of Soundness


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A list of useful contacts, including Planning Aid’s regional offices, NationalBodies, Regional Assemblies and Regional Voluntary Sector Networks.

USEFUL CONTACTS

Urban Forum70 Cowcross StreetLondon EC1M 6EJ Tel: 020 7253 4816Fax: 020 7253 4817 Email: [email protected] Web: www.urbanforum.org.uk

Royal Town Planning Institute41 Botolph Lane, London EC3R 8DL Tel: 020 7929 9494, Fax: 020 7929 9490E-mail: [email protected]: www.rtpi.org.uk Web: www.communityplanning.net

National Planning Aid UnitUnit 419, The Custard FactoryGibb StreetBirmingham B9 4AATel: 0121 693 1201Email: [email protected]: www.planningaid.rtpi.org.uk

Please note the above web addressis for all of the following PlanningAid regional offices

Planning Aid Regional OfficesEast of England (Bedfordshire,Cambridgeshire, Norfolk, Suffolk,Essex, Hertfordshire (excluding LondonBoroughs)Po Box 982 Great ShelfordCambridgeshire CB2 5WYTel: 0870 8509801Email: [email protected]

East Midlands (Derbyshire,Leicestershire, Lincolnshire,Northamptonshire, Nottinghamshire)15 Wheeler GateNottingham NG1 2NATel: 0870 850 9802Email: [email protected]

London (Greater London including allouter London Boroughs)Unit 2 11-29 Fashion StreetLondon E1 6PXTel: 020 7247 4900Email:[email protected]



North (County Durham, Cumbria &Tees Valley and Tyne and Wear)Department of Town And CountryPlanning Newcastle University,Claremont TowerNewcastle NE1 7RUTel: 0870 850 9803Email: [email protected]

North West (Cheshire, GreaterManchester, Lancashire, Merseyside)2nd Floor, Friars CourtSibson RoadSale,Cheshire M33 7SFTel: 0870 850 9804Email: [email protected]

South (Berkshire, Buckinghamshire,Hampshire, Isle of Wight, Oxfordshire)PO BOX 429Eastleigh,Hampshire SO53 2YJTel: 0870 240 7552Email: [email protected]

South East (East and West Sussex,Surrey and Kent (Excluding LondonBoroughs)Kent Architecture Centre1st Floor, Admirals Offices,The Historic DockyardChathamKent ME4 4TSTel: 0870 850 9806Email: [email protected]

South West (Avon, Cornwall, Devon,Dorset, Gloucestershire, Somerset,Wiltshire, Isles of Scilly, Channel Islands)Bristol Architecture Centre, Narrow QuayBristol BS1 4QATel: 0870 850 9807Email: [email protected]

West Midlands (Herefordshire,Worcestershire, Shropshire,Staffordshire, Warwickshire, WestMidlands Conurbation) Unit 319 The Custard FactoryGibb StreetBirmingham B9 4AATel: 0121 766 8044Email: [email protected]

Yorkshire (North Yorkshire, WestYorkshire, the East Riding of Yorkshire,Hull and North and North East Lincolnshire)The Green Sand Foundry,99 Water Lane,Leeds LS11 5QNTel: 0870 850 9808Email: [email protected]


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Regional AssembliesEast of England Regional AssemblyFlempton HouseFlemptonBury St EdmundsSuffolk IP28 6EGTel: 01284 728151Fax: 01284 729429Web: www.eera.gov.uk

East Midlands Regional AssemblyFirst Floor Suite Council OfficesNottingham RoadMelton MowbrayLeicestershire East Midlands LE13 OULTel: 01664 502555Fax: 01664 568201Email: [email protected]: www.emra.gov.uk

Greater London Assembly Greater London AssemblyCity HallThe Queen’s WalkLondon SE1 2AATel: 020 7983 4100 Fax: 020 7983 4057Email: [email protected]: www.london.gov.uk

North West Regional Assembly Wigan Investment CentreWaterside DriveWigan WN3 5BATel: 01942 737916Email: [email protected]: www.nwra.gov.uk

North East AssemblyThe GuildhallQuaysideNewcastle upon Tyne NE1 3AFTel: 0845 673 3343Fax: 0191 232 4558Email:[email protected]: www.northeastassembly.gov.uk

South East Regional AssemblyBerkeley HouseCross LanesGuildfordSurrey GU1 1UN Tel: 01483 555200 Fax: 01483 555250Email: [email protected]: www.southeast-ra.gov.uk



South West Regional AssemblyDennett House11 Middle StreetTauntonSomerset TA1 1SHTel: 01823 270101Fax: 01823 425200Email: [email protected]: www.southwest-ra.gov.uk

West Midlands Regional AssemblyRegional Partnership CentreAlbert HouseQuay Place92 - 93 Edward StreetBirmingham B1 2RATel: 0121 245 0200Fax: 0121 245 0201Email: [email protected] Web: www.wmra.gov.uk

Yorkshire and Humber RegionalAssembly18 King StreetWakefieldWest Yorkshire WF1 2SQTel: 01924 331555Fax: 01924 331559Email: [email protected]: www.yhassembly.gov.uk/index

Regional Voluntary SectorNetworksNorth EastVoluntary Organisations NetworkNorth East (VONNE)9th FloorCale Cross156 Pilgrim StreetNewcastle Upon Tyne NE1 6SUTel: 0191 233 2000Fax: 0191 222 1998Email: [email protected]: www.vonne.co.uk

North WestVoluntary Sector North West(VSNW)St Thomas CentreArdwick Green NorthManchester M12 6FZTel: 0161 276 9300Fax: 0161 276 9301Email: [email protected]: www.vsnw.org.uk

Yorkshire and the HumberYorkshire and HumberRegionalForum Suite D10 Josephs Well Hanover Walk Leeds LS3 1ABTel: 0113 394 2300Fax: 0113 394 2301Email: [email protected]: www.yhregforum.org.uk


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East MidlandsEngage East MidlandsNottingham Voluntary Action Centre7 Mansfield RoadNottingham NG1 3FBTel: 0115 934 8471Fax: 0115 934 8498Email: [email protected]: www.engage-em.org.uk

West MidlandsRegional Action West Midlands(RAWM)2nd Floor, Waterlinks HouseRichard StreetBirmingham B7 4AATel: 0121 359 9100Fax: 0121 359 9101Email: [email protected]: www.rawm.org.uk

East of EnglandCOVER Eagle Stile, Rectory Farm BarnsWalden RoadLittle ChesterfordCambridge CB10 1UDTel: 01799 532 880Fax: 01799 532 899Email: [email protected]: www.cover-east.org

South EastRAISEBerkeley HouseLondon SquareCross LaneGuildfordSurrey GU1 1UNTel: 01483 500770Fax: 01483 574439Email: [email protected]: www.raise-networks.org.uk

South WestSouth West ForumUnit 6, Cranmere CourtLustleigh CloseMatford Business ParkExeter EX2 8PWTel: 01392 823758Fax: 01392 823033Email: [email protected]: www.southwestforum.org.uk

LondonThird Sector AllianceC/o London Voluntary Service Council356 Holloway RoadLondon N7 6PATel: 0207 700 8124Fax: 0207 700 8108Email : [email protected]: www.actionlink.org.uk/3sa



Other informationAction with Communities in RuralEngland (ACRE)Somerford Court, Somerford RoadCircencesterGloucestershire GL7 1TWTel: 01285 653477Fax: 01285 654537Email: [email protected]: www.acre.org.uk

National Association of Councils forVoluntary Service (NACVS)177 Arundel StreetSheffield S1 2NU Tel: 0114 278 6636Fax: 0114 278 7004Email: [email protected]: www.nacvs.org.uk

Town and Country PlanningAssociation (TCPA)17 Carlton House Terrace,London SW1Y 5ASTel: 020 7930 8903Fax: 020 7930 3280Email: [email protected]: www.tcpa.org.uk

Planning Portal Web: www.planningportal.gov.uk

Information on your local CouncilWeb: www.direct.gov.uk

BBC iCAN! Web:www.bbc.co.uk/dna/ican/A1939944

Department for Communities andLocal Government (DCLG) - formerlyODPMWeb: www.communities.gov.uk

Friends of the Earth26-28 Underwood StreetLondonN1 7JQTel: 020 7490 1555Freephone: 0808 800111Web: www.foe.org.uk

DISCLAIMERAll rights reserved. While every effort has been taken to check the accuracy of the information in thisHandy Guide, Urban Forum and Planning Aid cannot be held liable for any financial loss resultingfrom the advice contained herein. Readers are advised to seek advice from their local planningauthority and or a professional planning consultant before proceeding on any planning matter.


Planning Aid is a charitable organisation that provides free independent and professional adviceon town and country planning issues to communitygroups and individuals who cannot afford to pay forprofessional help. We also work with communities tohelp them understand, and play a role in, theplanning process. Planning Aid is an independentsource of advice and information.

The Royal Town Planning Institute is a dynamicorganisation with over 19,000 members and isleading the way in helping create places that workboth now and in the future.

This Guide has been supported by the Academy forSustainable Communities

Urban Forum is a national membership charity forcommunity and voluntary groups involved inregeneration. Working from the ground up, UrbanForum takes messages from communities toGovernment, where it seeks to influence policy-making.

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