Local Planning System

Planning permissions and local plans are not isolated decisions or policies – they are part of a local planning system which is joined up to national policies…

Planning permissions and local plans are not isolated decisions or policies - they are part of a local planning system which is joined up to national policies...

In more detail

The local planning system is based on the idea that alongside the rights of landowners, the wider community has an interest in and rights to do with how land and buildings are developed.

These rights and interests arise from:

  • the effect that development has on immediate neighbours
  • the wider effects of development, for example on the capacity of local infrastructure and on the local taxpayers who maintain it
  • the idea of neighbourhood community: that all of us who live in an area have a legitimate interest in its value as a place in which to live and work.

Balance

The planning system aims to balance these rights and interests - personal and social - with a view to deciding what development should go ahead. The system is concerned with spatial planning: not simply how individual plots of land and buildings should be used and developed; but also how they relate to each other to create places.  This includes transport links and other links between them and the shared systems for serving them; and the relationships between where people live and where they will work. By balancing the rights of people with an interest in a place, the planning system is our shared way of shaping places.

Democratic and Coherent

It is a democratic system - the authorities in charge of the planning system are the councils we elect.

The video above is of the Planning Committee meeting in Birmingham which took place on 23 June 2016.

The system is participative as well as representative: we are able to take part through consultation on planning decisions and as participants in making plans.  But the system is based on law and on objective policy which aims to ensure that all parties are treated fairly. Local plans are subject to a National Planning Policy Framework which is based on law agreed by Parliament. When decisions about planning permission are made, they have to fit with national and local policy.  When a new local plan is made, it must fit with existing national and local policy - in the form of the local development framework).

Limiting and Enabling

The planning system says what can or cannot be developed. It does not say what will be developed - that is up to the owners of the land. Local plans set limits and enable development within those limits.  They are not prescriptive.  The planning system allows for some development to go ahead that is outside the terms of what local plans enable.  In these cases, however, the developer may have to pay some contribution to the community to compensate.

 

Key Facts:

The local planning system balances the righst and interests of land-owners with the wider community.  It is democractic because the authorities in charge of it are the councils we elect. But planning decisions must fit in with local and national planning policy.  New local plans must fit in with national policy and the existing local framework.  Plans set limits on development, but they enable development within those limits.  Plans and planning decisions are enabling rather than prescriptive: they say what may happen; not what will happen.  

Page Links from here

The Plain English Guide to the Local Planning System is published as a PDF by government 

The CPRE website has a useful section Planning Explained and the Planning Help site

In this toolkit, have a look at:

Spatial Planning

Planning Authorities

Planning Law

Skeffington Report 

National Planning Policy Framework

Local Development Framework

Infrastructure

Local Plans

Planning Obligations 

Planning Enforcement


OR you can use the navigation menu above right to look at other parts of the toolkit.

BIRMINGHAM COMMUNITY PLANNING TOOLKIT DEFINITION SHEET This sheet may be reproduced in paper or electromic or any other form but please mention it was made by Chamberlain Forum Limited for Birmingham City Council supported by Department for Communities and Local Government.

created: 2016-07-26 19:49:34 by: admin status: f published

Infrastructure

Sustainable development means development which looks after the ability of a place to go on growing and sustaining itself in its own way in the future…

Sustainable development means development which looks after the ability of a place to go on growing and sustaining itself in its own way in the future...

In more detail

Infrastructure means the things that go between things that enable them to work.  Physical infrastructure includes things like roads, railways, water and power lines and generation, sewerage, docks, bridges and airports.

Physical infrastructure is important in local spatial planning in three main ways:

  • some infrastructure projects are of national importance and are taken out of the local plan framework - things like where new nuclear power stations go, High Speed Rail Links and motorways are considered by the National Infrastructure Commission rather than the local council.
  • locally important infrastructure (local main roads and rail links for example) may be the subject of policy in local planning frameworks which is agreed by the council and within with local plans - including community-led neighbourhood plans - must fit.
  • developers who propose to invest in an area, but whose development relies on existing infrastructure (roads etc) can be made to contribute to local infrastructure through the Community Infrastructure Levy and through planning obligations.

Social and environmental infrastructure

Just as there is physical, or economic, infrastucture, so there are social and environmental systems which support local wellbeing.  Environmental infrastructure might include things like 'green corridors' which join up local green spaces and allow greater biodoversity.  Social infrastructure includes tangible things like schools and hospitals.  It also includes the local community network: social connections between people and the hubs etc which generate and enable those links.

Key Facts:

Infrastructure is the physical, environmental and social systems which go between sites, projects and individual proposals to enable them to work.  Social infrastructure includes the local community network as well as more visible things like schools and hospitals.

Page Links from here

In this toolkit see:

Community Infrastructure Levy (CIL)

Local Planning System

Developers

Transport Planning

Planning Obligations


OR you can use the navigation menu above right to look at other parts of the toolkit.

BIRMINGHAM COMMUNITY PLANNING TOOLKIT DEFINITION SHEET This sheet may be reproduced in paper or electromic or any other form but please mention it was made by Chamberlain Forum Limited for Birmingham City Council supported by Department for Communities and Local Government.

created: 2016-07-22 13:20:47 by: admin status: f published

Planning Enforcement

Councils don’t just write plans (or adopt those written by communities) and issue planning permission; they are responsible for enforcing planning decisions…

Councils don't just write plans (or adopt those written by communities) and issue planning permission; they are responsible for enforcing planning decisions...

In more detail

Planning Enforcement is the process by which your council investigates and resolves complaints about breaches of planning control.   As well as looking into complaints about development taking place without planning permission, the council investigates the use of buildings for activities which have not been permitted.  So, for example, the planning enforcement part of your local council can look into and take action:

  • against householders who have extended their property without getting necessary permission
  • against businesses which are using domestic property to carry on commercial activities without getting the necessary change of use approved.

If things like unpermitted development or the use of homes and garages etc for commercial activities is a problem in your neighbourhood, then planning enforcement is the way your council can help.  The council may also be able to take enforcement action on issues like hazardous substances, illegal encampments and unauthorized advertising.

Action

In carrying out planning enforcement, the council has to balance:

  • the rights of individuals to use or alter their property in the way they wish;
  • the need to safeguard the character and quality of neighbourhoods;
  • the public interest in upholding planning policies for the local area.

The council can take legal action, but will generally try to remedy the situation through other means first.  This is in line with the National Planning Policy Framework which says enforcement action should be proportionate.  The range of enforcement action open to the council includes:

  • taking informal action including advice, mediation, warning in cases of a genuine mistake and minor mistake
  • or granting retrospective planning permission – to regularize the situation when this is in the public interest
  • or issuing a notice or order

Orders and Notices are:

  • Planning Contravention Notice – which requires the developer to provide information to enable the council to decide on further action
  • Enforcement Notice or a Planning Enforcement Order – these require action to be taken on the part of the developer to remedy the breach in planning control.  The latter can be used even if the normal time limit for taking enforcement action has passed if the council believes there has been deliberate action taken to conceal the breach from them
  • Stop Notice – these are used with Enforcement Notices to require action which may be in breach of planning control to cease
  • Temporary Stop Notice – as above but used without an Enforcement Notice to enable councils to take immediate action to halt a breach
  • Breach of Condition Notice – requires compliance with planning conditions within a time period.

Councils can also:

  • apply to the High Court for an injunction to halt a breach in planning control
  • ask a magistrate to agree to provide Rights of Entry to property to investigate a suspected breach
  • take special actions in the case of listed buildings and protected trees
  • take action on breaches in consents to store hazardous substances on premises
  • take action on unauthorized advertising hoardings, fly-posting and graffiti
  • take action, with the police, on illegal encampments.

Key Facts:

Councils have a range of enforcement actions they can take against unpermitted development.  Planners will investigate complaints and may take action.  They will, however, balance the rights involved and try to achieve the best result through informal action if they can.

Page Links from here

Planning Permission

Planning Profession

Tree Preservation Orders

Conservation Areas

Local Plans


OR you can use the navigation menu above right to look at other parts of the toolkit.

BIRMINGHAM COMMUNITY PLANNING TOOLKIT DEFINITION SHEET This sheet may be reproduced in paper or electromic or any other form but please mention it was made by Chamberlain Forum Limited for Birmingham City Council supported by Department for Communities and Local Government.

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Local Development Framework

The policies and rules set out by your local council which help them to decide how to deal with development proposals. Neighbourhood plans (led by the community) and local plans (led by the council) form part of the framework alongside other higher level documents.

The policies and rules set out by your local council which help them to decide how to deal with development proposals. Neighbourhood plans (led by the community) and local plans (led by the council) form part of the framework alongside other higher level documents.

In more detail

The Local Development Framework is the spatial planning strategy for a council area.  It describes how the area can be developed and the restrictions on development and explains why they exist.  The local development framework is made up of:

  • the local core development strategy - which is related to the overall strategy of the council for developing the whole area it sovers
  • local development documents - which are high level plans which might cover several neighbourhoods
  • a statement of community involvement - describes how communities can be involved in shaping the framework
  • local development scheme - lists the schedule
  • annual monitoring reports

And may also include:

  • supplementary planning documents (SPDs - these include local plans and neighbourhood plans)
  • local development orders (these include community-led development orders as well as those declared by the council)
  • details of any simplified planning zones.

Plans are hierarchical.  The Local Development Framework in your area MUST fit inside the terms of the National Planning Policy Framework.  Supplementary Planning Documents - including neighbourhood plans - MUST fit within the terms of the Local Planning Framework.

The video above is an explanation of the Local Development Framework by Ron Tate of the Royal Town Planning Institute

Key Facts:

The Local Development Framework is the spatial planning strategy for your area.  It consists of a number of documents which you can find online and/or by contacting your council planning department.  The Local Planning Framework includes policy that any neighbourhood plan for your area must fit in with.  In turn, it must comply with the terms of the National Planning Policy Framewprk set by government.

Page Links from here

In this toolkit see:

Spatial Planning

Local Planning System

National Planning Policy Framework

Local Plans

Neighbourhood Plans

 


OR you can use the navigation menu above right to look at other parts of the toolkit.

BIRMINGHAM COMMUNITY PLANNING TOOLKIT DEFINITION SHEET This sheet may be reproduced in paper or electromic or any other form but please mention it was made by Chamberlain Forum Limited for Birmingham City Council supported by Department for Communities and Local Government.

created: 2016-07-11 15:43:05 by: admin status: f published

Tree Preservation Orders

Trees and groups of trees can be protected by order of the local council…

Trees and groups of trees can be protected by order of the local council...

In more detail

Tree Preservation Orders (TPOs) are made by the local council.  They can apply to specific individual trees, groups of trees or woodlands which are considered to be an amenity to a local area.

A TPO prohibits the wilful destruction of trees and damage to them.  It means the local council has to give its consent before any cutting down, topping, lopping, damaging of roots and uprooting of trees can be done.

Owners of protected trees must not carry out, or cause or permit the carrying out of, any of the prohibited activities without the written consent of the council. It is a criminal offence to carry out works to legally protected trees witghout council permission.  The owners of protected trees, however, are responsible for maintaining trees safely and may use this duty as a reason for carrying out work on them without permission.

In making a Tree Preservation Order, your local council takes into account factors like:

  • size and form of the tree(s)
  • future potential as an amenity
  • rarity, cultural or historic value
  • contribution to, and relationship with, the landscape, and
  • contribution to the character or appearance of a conservation area.

The council should be able to tell you which trees are subject to TPOs and some now produce this information on line in map form.  Community groups can produce their own map or list of pretected trees in theitr neighbourhood and let their owners know that local people are aware they are protected.

Key Facts:

Your local council can protect trees by issuing a tree preservation order.  It is an offence to damage or destroy a protected tree without permission from the council.  Tree-owners, however, can find loopholes to get round the need for permission.  Community groups can identify protected trees in the neighbourhood and let land owners know that local people are aware which trees are protected.

Page Links from here

The government's guide to tree protection procedures is available to download as a PDF

Local Planning System


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BIRMINGHAM COMMUNITY PLANNING TOOLKIT DEFINITION SHEET This sheet may be reproduced in paper or electromic or any other form but please mention it was made by Chamberlain Forum Limited for Birmingham City Council supported by Department for Communities and Local Government.

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Planning Obligations

Where does ‘section 106 money’ come from… and could the same rules that enable it also provide land for affordable housing or green open space in your neighbourhood?

Where does 'section 106 money' come from... and could the same rules that enable it also provide land for affordable housing or green open space in your neighbourhood?

In more detail

Planning obligations are legally-binding commitments that the owners of land make to the local council in order to win planning permission for development that would otherwise not be acceptable.  They are frequently called section 106 agreements (section 106 of the Town and Country Planning Act 1990 which sets out the basis for them in law).  The purpose of section 106 agreements is to mitigate the impact of development of the site.

What form do they take

Planning obligations may: restrict the way the land can be developed or used; require the developer to take certain actions in relation to the land or to use the land in a specified way; or require the developer to pay money or in-kind (by transferring the ownership of land etc.) to the authority.  A developer may also enter into planning obligations under the terms of section 278 of the Highways Act 1980 which provides for payments to councils in respect of increased spending on highways as a result of new development.

Developer Contributions

Together with Community Infrastructure Levy, planning obligations under section 106 and section 278 are sometimes also called ‘developer contributions’.   Unlike the Community Infrastructure Levy, which is charged across classes of development according to a tariff set by the local council, planning obligations entered into through section 106 agreements and section 278 agreements are site-specific  and the subject of individual assessment and agreement.

Sometimes the developer contribution arising from a smaller development is dealt with by a unilateral undertaking by the developer (made under the terms of section 106) rather than a full section 106 agreement.

When are they used and what for  and how communities benefit

The tests for a section 106 agreement are that it must be:

  • be necessary to make the development acceptable in planning terms
  • relate directly to the development
  • be fair and reasonable in scale and kind given the details of the development.

Councils commonly use planning obligations to make housing developers provide a proportion of affordable housing or financial contributions towards the cost of infrastructure or affordable housing.   But, so long as the tests above are met, agreements can be used flexibly to mitigate the effects of development.  This could be, for example, by providing new community facilities or open space to replace those lost or damaged by development; by providing funding for a school or for public transport improvements; or carrying out  town centre improvements.

It would be misleading to think that community groups can ‘bid in’ for section 106 funding, but if your neighbourhood is affected by development, it is right that your neighbourhood benefits from any planning obligations that are entered into.   Community groups can help the council to develop appropriate policies for an area which will form the basis of deciding whether any planning obligations are needed and help to indicate the form they might take.  Section 106 agreements are put out for consultation in the same way and to the same timescale as planning applications.

Key Facts:

Planning obligations – commonly known as section 106 agreements – are payments and duties agreed by developers to councils to make development acceptable.  Unlike Community Infarstructure Levy (CIL), which is charged at a flat rate, planning obligations are specific to a particular development proposal.  Together with CIL, planning obligations are called 'developer contributions'.  Community groups can influence the policies which determine how 'section 106 money' is spent.

Page Links from here

DCLG's Planning Practice Guidance on Planning Obligations

and in this toolkit:

Community Infrastructure Levy

Developers


OR you can use the navigation menu above right to look at other parts of the toolkit.

BIRMINGHAM COMMUNITY PLANNING TOOLKIT DEFINITION SHEET This sheet may be reproduced in paper or electromic or any other form but please mention it was made by Chamberlain Forum Limited for Birmingham City Council supported by Department for Communities and Local Government.

created: 2016-07-01 22:35:13 by: admin status: f published

Local Transport Plans

Transport is a key issue affecting neighbourhoods; neighbourhood plans can influence a range of transport issues. There are, however, other ways of influencing issues like parking, cycling and traffic management both at strategic and neighbourhood level.

Transport is a key issue affecting neighbourhoods; neighbourhood plans can influence a range of transport issues. There are, however, other ways of influencing issues like parking, cycling and traffic management both at strategic and neighbourhood level.

In more detail

Neighbourhood plans enable communities to influence those aspects of local transport issues that relate to how local land is developed.  For example, plans can (given sufficient evidence and so long as what they say is in line with existing local and national policies):

  • set out the requirement for new roads to support development
  • earmark sites to encourage ‘modal shift’ away from car use to public transport, walking and cycling
  • set out measures to tackle the challenges identified in the local transport plan which might include: accessibility; cycleways and footpaths; parking; street traffic and signage.

There are other ways of influencing local transport plans however other than through making a neighbourhood plan.

Who is responsible for what?

There are a number of different types of authority with responsibilities relating to transport:

  • Highways authorities are responsible for the upkeep of roads including things like potholes,re-surfacing works and .
  • Traffic authorities are responsible for the way they are used – including things like speed restrictions, parking, road closures and re-design and traffic calming measures.
  • Strategic transport authorities are responsible for producing local transport plans for their area.

The table below summarises who acts as the Local Highway Authority and Local Traffic Authority; and the Strategic Transport Authority in Metropolitan Areas (West Midlands, Greater Manchester, Merseyside, Tyne & Wear, West Yorkshire and South Yorkshire), London and the rest of England:

Metropolitan Areas London Rest of England
Highways authority for the local road network City and borough councils

 

London boroughs Unitary or County councils
Traffic authority for the local road network City and borough councils

 

London boroughs Unitary or county councils
Strategic transport authority Combined Authorities

 

Mayor of London Unitary or county councils/ Combined authorities

 

Local councils are only responsible for the maintenance and use of the local road network – which does not include motorways and major trunk roads.  The table below shows who is the Highway and Traffic Authority in respect of the strategic road network (motorways and major trunk roads) in the Metropolitan Areas, London and the rest of England:

Metropolitan Areas London Rest of England
Highways and traffic authority for the strategic road network Highways England Transport for London Highways England

Local Transport Plans and Consultation

The first thing to say about local transport plans is that they are not very local.  Strategic transport authorities are required to produce them under the terms of the Transport Act 2000 updated by the Local Transport Act 2008. As you can see from the table above, the strategic transport authority is either the Combined Authority (covering several million people), the Mayor of London (serving eight million people) or – outside the metropolitan areas and London - the county  or unitary council.

LTPs contain an assessment of the transport needs of the area and sets of proposals for improvement including short term and long term (15-20 years) measures.  In general Local Transport Plans: set out the current position with regard to transport, accessibility and pollution in the area; identify targets for improvement; set out the programme for achieving these objectives.   This may be split between separate strategy and implementation plans.

LTPs are not neighbourhood level plans but they set the strategic framework within which more local transport plans can be formed.  A local transport plan can be a 'material consideration' in determining a planning application.  You can find the most recent version online: they were originally to be revised every 5 years, but strategic transport authorities may now produce them as and when they see fit.

The over-arching aims for LTPs are set by government.  They include: supporting economic growth; cutting carbon emissions; contributing to safety, security and health; and improving quality of life and the local environment.  Local Transport Plans contain an Environmental Assessment which looks at the impact of what is proposed on the environment.

LTPs are subject to public consultation.  Groups that must be consulted include public transport user groups, bus and train operators and groups having a special interest, eg disability groups and environmental groups.

 

The video above is by Bristol Green Capital Partnership - an independent partnership which promotes sustainable transport in Bristol.  In the video, Liz Zeidler suggests how transport planning could improve her city.  The video is part of a series produced by the partnership to promote Bristol's Good Transport Plan.

Key Facts:

Local Transport Plans (LTPs) are strategic documents which set out how transport will develop in your city or region over the next 15-20 years.  Neighbourhood plans can address local transport and traffic issues but they must fit in with the strategic objectives set out in the LTP.  The local authority must consult before producing an LTP.

Page Links from here

In the toolkit, see:

Infrastructure

Spatial Planning

Local Public Services


OR you can use the navigation menu above right to look at other parts of the toolkit.

BIRMINGHAM COMMUNITY PLANNING TOOLKIT DEFINITION SHEET This sheet may be reproduced in paper or electromic or any other form but please mention it was made by Chamberlain Forum Limited for Birmingham City Council supported by Department for Communities and Local Government.

created: 2016-06-23 11:39:41 by: admin status: f published

Community Infrastructure Levy

Community Infrastructure Levy is a charge on development which can be used to improve the places affected by it. In places which have a neighbourhood plan, a higher proportion of CIL can be retained in the neighbourhood.

Community Infrastructure Levy is a charge on development which can be used to improve the places affected by it. In places which have a neighbourhood plan, a higher proportion of CIL can be retained in the neighbourhood.

In more detail

Community Infrastructure Levy is a tool councils can use to make developers pay towards the cost of infrastructure that enables further development. Part of the money raised by CIL must be spent on priorities agreed with people in the area affected by the development.  The proportion is increased in areas covered by a neighbourhood plan.

Developers pay Community Infrastructure Levy (CIL) on new development above a certain size.  They must provide information when applying for planning permission to enable the council to work out the amount of CIL which will be due.  Councils set their own rates of CIL.  In doing so, they have to balance the needs for current development against the need to fund infrastructure to support and enable further development.  CIL must then be paid when work on the development site starts ‘on the ground’.

Using CIL

Councils can use CIL to fund a wide range of infrastructure, including: transport, flood defences, schools, hospitals, other health and social care facilities; play areas, parks and green spaces; cultural and sports facilities; district heating schemes; police stations and other community safety facilities.  It must be used to fund things which will support the development of the area.  It must be used to fund new infrastructure or renew infrastructure on which the development in question depends.  It can’t be used to ‘prop up’ existing infrastructure; and it can’t be used for housing.

At least 15% of CIL has to be spent on priorities agreed with the local community in areas where development is taking place.  In places where this a parish council, this share is passed to the parish council.  In places where there is no parish council, the council consults with the local community about their priorities.  When development happens in an area covered by a neighbourhood plan, the minimum to be spent on local priorities – decided by the parish council or through consultation) rises to 25%.

The neighbourhood portion of CIL can be spent on a wider range of things than the rest of CIL: it just needs to be spent on things which will support the development of the area.  These rules mean that neighbourhood CIL, unlike the rest of CIL, can be used to fund affordable housing.

There are exemptions from CIL including for self-builders, some social housing, charitable development and vacant buildings brought back into use.  Councils can exempt additional types of development from CIL  within the area they cover.

The video below is an update on CIL produced by Legal Network TV

Setting a Local Rate for CIL

The process for setting a rate for CIL in an area is: the council holds public consultation on the proposed rates of charges it intends to make; the schedule of charges is examined by a Planning Inspector; the examiner’s report is published; and the charging schedule can then be adopted at a meeting of the full council (not just the planning committee etc).  Examples of what different rates of CIL have been set:

  • Birmingham has two residential charging zones with rates of £69 and £0 per square metre; two hotel charging zones with rates of £27 and £0 per square metre; two student housing developments charging zones with rates of £69 and £0 per square metre.   Large convenience retail developments are charged at £260 per square metre. No charge for all other uses.
  • Leeds has four residential charging zones with rates of £5, £23, £45 and £90 per square metre.  There are two charging zones for supermarket developments with rates of £110 and £175 per square metre; two charging zones for large comparison retail with rates of £35 and £55 per square metre.  City centre offices are charged £35 per square metre.  Publicly funded or not for profit developments are not be charged CIL.   All other uses are charged at £5 per square metre.
  • London Borough of Camden charges CIL on small residential developments at £500 per square metre.  There are three large residential development and private care home development charging zones with rates of £500, £250 and £150 per square metre;  two student housing development charging zones with rates of £400 and £175 per square metre;  two hotel development charging zones with rates of £40 and £30 per square metre.  All retail developments are charged £25 per square metre.   There are two office development charging zones with rates of £45 and £25 per square metre.   There are no charges for industrial, warehousing, or research developments. All other commercial developments are charged £25 per square metre.  No charge for all other uses.
  • Exeter charges residential developments at £80 per square metre; student housing developments at £40 per square metre. There are two retail development charging zones with rates of £125 and £0 per square metre.   No charge for all other uses.

Below is a presentation on Community Infrastructure Levy made by Siedah Martey in 2016:

Key Facts:

Community Infastructure Levy (CIL) is a charge on developers which acts as a contribution to restoring and improving local infrastructure.  That includes things like parks, sports facilities, police stations etc.  If your area has a neighbourhood plan, then more of the CIL resulting from development can be kept in the locality (rather than used more widely by the council).  But, the council sets the rate for CIL and in some cases may set it at a very low rate (in order to attract developers and investment in the area).  The sums derived from CIL for use in the neighbourhood can be quite modest.

Page Links from here

Planning Portal on Community Infrastructure Levy

An Overview of Community Infrastructure Levy produced by Department for Communities and Local Government and available from the link as a PDF

Resources aimed at local councils explaining CIL are still available from Planning Advisory Service

In the toolkit:

Developers

Infrastructure

Local Development Framework

Neighbourhood Planning

Neighbourhood Planning and Infrastructure Bill

Planning Obligations

 

 

 

 

 

 


OR you can use the navigation menu above right to look at other parts of the toolkit.

BIRMINGHAM COMMUNITY PLANNING TOOLKIT DEFINITION SHEET This sheet may be reproduced in paper or electromic or any other form but please mention it was made by Chamberlain Forum Limited for Birmingham City Council supported by Department for Communities and Local Government.

created: 2016-06-18 10:00:07 by: admin status: f published

Conservation Areas

Could creating a conservation area be an alternative to (or a step towards) making a neighbourhood plan…

Could creating a conservation area be an alternative to (or a step towards) making a neighbourhood plan...

In more detail

Conservation areas are designated by the council to cover neighbourhoods and places with a character or an appearance which it is desirable to preserve or enhance.    There are about 10,000 conservation areas in England.  They are not necessarily the well-off parts of town or the oldest areas, but they do need to be both preservable and worth preserving.   Councils can designate a conservation area.  In London, Historic England can designate them.

Within conservation areas, there are special rules apply governing development.  Landowners need permission for developments and alterations to properties that would normally not need planning permission.  This includes for things like adding satellite dishes or solar panels; building single storey extensions and conservatories; cladding, laying paving or building walls.  Owners also need permission to do work on trees or for demolition work in conservation areas.

Only some neighbourhoods have the potential to be designated as conservation areas and it may not be that designating one will be popular with all residents.  It remains, however, an alternative worth considering in some places

Key Facts:

Conservation areas are designated areas with special character or appearance and within which there is a more extensive approach to planning permission.

Page Links from here

Historic England's Guide to Conservation Areas

In the toolkit, see:

Neighbourhood Design Statements

Tree Preservation Orders

Planning Permission 

Neighbourhood Planning 


OR you can use the navigation menu above right to look at other parts of the toolkit.

BIRMINGHAM COMMUNITY PLANNING TOOLKIT DEFINITION SHEET This sheet may be reproduced in paper or electromic or any other form but please mention it was made by Chamberlain Forum Limited for Birmingham City Council supported by Department for Communities and Local Government.

created: 2016-06-15 10:34:41 by: admin status: f published

Neighbourhood Design Statements

People are often familiar with the idea of a village design statement – but urban communities can take a similar lead in producing a local design statement setting out how they want their neighbourhood to look.

People are often familiar with the idea of a village design statement - but urban communities can take a similar lead in producing a local design statement setting out how they want their neighbourhood to look.

In more detail

A Neighbourhood Design Statement relates to the visual character of a place: it says how things buildings, land, roads and other features should look.   If it is adopted by the local council, it can form part of the evidence they consider in determining permission for new development.  In this way, a design statement can help make sure that new development does not undermine the visual character of the neighbourhood.

Neighbourhood Design Statements cannot specify what type of development should take place; what buildings are used for; how your neighbourhood should be served by public services; or what communities will do for themselves to make the neighbourhood a better place to live.

Anyone who lives in the neighbourhood can start the process of putting together a local design statement.  It only has any value, however, if it is adopted by the local council.  If you want to have your statement adopted, you will need to:

  • Persuade the local councillors (including the parish councillors if you have a parish council), other residents and businesses that it is needed and that it says the right things.
  • Talk to planning officers to find out the council’s policy on whether, and in what form, it accepts local design statements.
  • Look at the Local Planning Framework including any existing Local Plan covering your neighbourhood to make sure that whatever is said in your design statement is compatible with what they say.

Key Facts:

A Neighbourhood Design Statement may be an alternative or a first step towards making a Neighbourhood Plan.  It sets out an agreed vision of the locality in terms of visual character.  It is taken into account when determining planning permission.

Page Links from here

Neighbourhood Planning

Conservation Area

 


OR you can use the navigation menu above right to look at other parts of the toolkit.

BIRMINGHAM COMMUNITY PLANNING TOOLKIT DEFINITION SHEET This sheet may be reproduced in paper or electromic or any other form but please mention it was made by Chamberlain Forum Limited for Birmingham City Council supported by Department for Communities and Local Government.

created: 2016-06-13 20:03:44 by: admin status: f published