Unit 16 - Town and Country Planning and Social Housing Flashcards
Briefly distinguish between development planning and development control.
Development planning is where the local authority takes the initiative and decides how it would be prepared to see its area develop and will indicate where housing development and business development may take place and where no development will be agreed.
Development control is where the local authority reacts to people applying for planning permission to change the use of land or existing buildings.
You have the agenda and accompanying reports for a full council meeting of a local district council. One of the items listed, is to agree the draft core strategy for the local plan. You are aware that this plan is highly controversial.
The accompanying officers’ report explains that the draft core strategy is part of a new local plan and that it proposes a new settlement of 7,000 homes on what is currently agricultural land on the edge of the borough. If agreed by the full council meeting, it will then be subject to examination by a planning inspector.
Your news editor has asked you to prepare the information for a preliminary story that will explain to readers what is meant by core strategy and local plan. You have also been asked to indicate five sources for follow-ups.
The core strategy is a statement of principles underpinning the local plan. The local plan will indicate where and what type of development will be permitted in the next twenty years. Once agreed by the full council it will be subjected to an examination by a planning inspector who will hear the views of the council and opponents to the plan. The inspector has to decide whether the local authority has followed the correct procedure and whether the plan is sound. The inspector will produce a report with recommendations which the local authority must abide by before formally adopting the plan.
Sources may include local residents’ groups, spokesperson of the local civic society, local ward councillors, parish councillors, local spokesperson for the Campaign for the Protection of Rural England, local representative of the National Union of Farmers, vox pop of local young people (demand for housing), local builder, spokesperson for local chamber of commerce (benefit to local economy), local wildlife groups (protection of wildlife – great crested newts etc) etc.
Briefly explain what is a national park, who will own most of the land in the park and who deals with planning applications within the confines of the park.
A national park is an area of exceptionally beautiful landscape, specifically designated by the government. There are 15 national parks in the UK – 10 in England (e.g. Dartmoor) and three in Wales (e.g. Brecon Beacons) Most of the land in the park is privately owned, though there are public rights of way. Planning applications within the park are dealt with by the National Park Authority – each park has its own park authority.
In the register of planning applications, you notice an application to build five houses in a conservation area, situated in a village where the residents have a track record of opposing modern designs that they claim will destroy the visual appeal of the early eighteenth century village.
Explain what a conservation area is and outline how a planning application would be dealt with. Indicate five sources you would contact to follow up the story.
Conservation areas are designated by the local planning authority and will be overseen by a conservation officer. They will contain buildings of historical or architectural importance. In such areas, planning control is much stricter and everything will require planning permission
– including shop signs, shop fronts – and all trees are subject to tree preservation orders and cannot be felled or lopped without permission.
After the application has been received neighbours will be informed and, as this is a conservation area, notices will be placed on the site (a notice may also be placed in the local newspaper). The public may submit written representations. The matter will be determined by the planning (development) committee. The members will receive a report from the planning officers that will consider the issues and make recommendations as to the decisions that members should make. (The councillors do not have to accept the recommendations.) Members of the public may be permitted to make oral submissions to the councillors.
In reaching its decision, the planning committee will consider the application in the light of: previous planning decisions in the area; the local development documents; road safety; the appearance of the proposed houses (very important in a conservation area); views of the Environment Agency (flooding); representations received. The committee may give: unconditional permission; conditional permission; or refuse permission.
You work in an area where there is a two-tier structure of local government and there is a story that a local company wants to extract more sand from a particular site. Which local authority will grant planning permission and why?
This will be a county council function because the county is responsible for drawing up minerals and waste development schemes and for granting planning permission for mineral extraction and for sites dealing with waste.
What is a compulsory purchase order?
A local authority can compulsory purchase land or buildings by issuing a compulsory purchase order, if it believes it will help develop or redevelop the area or contribute to the economic, social or environmental well being of the area. The owner of the land or buildings will get compensation based on an independent valuation from the district valuer (an employee of the Valuation Office Agency).
Who enforces planning control and how is this done?
Enforcement is the responsibility of the local planning authority. If something is done without planning permission or breaks the permission (builds a few feet from where it was agreed), the local authority can issue an enforcement notice. This notice may force the demolition of the “illegal” development.
Differentiate between planning permission and building permission.
Planning permission is required for most change of use of existing land or buildings and is dealt with by planners. Building permission is technical and is concerned with structure and design issues. It may be required even in applications for which planning permission is not required. Building permission is dealt with by building control officers who will agree the plans and check that the work conforms with the plans. A charge is made for both sets of permission.
You have a story that the local chamber of commerce fears that there will be a shortage of local unskilled workers because they will no longer be able to afford to live in the area. Briefly explain housing benefit and the background to this story.
Housing benefit or local housing allowance is paid to tenants of local authorities, housing associations and private landlords who can prove they have insufficient means to pay their rent. The background to the story is that to save money, successive governments since 2010 introduced a number of cuts and caps, the most controversial ones being the introduction of the so-called ‘bedroom tax’ and the household benefit cap. These have seen significant cuts to the support that is provided.
Identify FIVE issues relating to affordable housing.
Issues may include: shortage of affordable housing and numbers on waiting lists; number of children living in unsuitable housing; number of homeless; cuts and changes to housing benefit / local housing allowance may force recipients to move from homes they have occupied for years; absolute caps on housing benefit / housing allowance will result in the poor being unable to live in areas of high rent; housing associations are unanswerable; plans to replace lifelong security of tenure for tenants of local authorities and housing associations will mean that they can be forced out of their home / extending the right to buy with generous discounts to tenants of housing associations.
Identify which authorities are housing authorities and briefly outline their role.
District councils, metropolitan districts, London boroughs are housing authorities and they act more as enablers than providers. They: administer their housing stock; work with others to provide housing; help the homeless and advise on housing matters; administer housing benefit (local housing allowance).
Briefly explain the role of housing associations and indicate who registers and funds them.
Housing associations are non-profit making bodies that provide social housing and intermediate housing (shared ownership) for those who cannot afford the market prices. The Homes and Communities Agency, renamed Homes England and the Regulator of Social Housing registers and funds individual housing associations in England and may use compulsory purchase orders to acquire land.
Outline the role of central government in the control of planning policy.
- if conditional planning permission is granted or if permission is refused the applicant may appeal to the Secretary of State for Housing, Communities and Local Government and this will lead to a planning inquiry.
- The Secretary of State determines major infrastructure plans after they have been considered by the Planning Inspectorate. The Secretary of State is advised by the National Infrastructure Commission.
- views of the Environment Agency are considered regarding the suitability of a site for planning (e.g. flooding risks)
Outline the role of the Planning Inspectorate in the control of planning policy.
If conditional permission is granted or if permission is refused the applicant may appeal to the Secretary of State for Housing, Communities and Local Government and this will lead to a planning inquiry.
The inquiry will be chaired by an inspector, from the Planning Inspectorate – an executive agency of the Department for Housing, Communities and Local Government.
- The inspector hears the case for and against the development and is likely to make a visit to the site.
- Most inquiries take place in public – though inquiries into small developments will be dealt with in writing.
- The applicant, the local authority and those who made representations to the planning authority when the application was made, may give evidence.
- The inspector produces a report with recommendations.
- The report is usually the outcome of the inquiry but in major inquiries the Secretary of State decides and may over-rule the inspector
Outline the role of local authorities in the control of planning policy.
Local planning authorities (district councils, metropolitan districts, London boroughs and unitary authorities) decide how they are willing to see their area develop or not develop. To do so they draw up a local plan known as a local development framework (LDF). This framework will contain a number of documents (local development documents).
- Local Development Documents (sometimes called the Local Development Plan/Framework)
These documents will determine how the area is to be developed over the next 20 years and will contain among other things: - Core strategy – statement of principles underpinning the plans.
- Site specific allocation of land – showing how the land is to be used (sometimes referred to as SAMdev - site allocations and management of development)
- Adopted proposal maps – these illustrate the proposed land use.
- Statement of community involvement – how the public was consulted.
- Annual monitoring reports – how the plans have developed.
Minerals and Waste Development Schemes
These are drawn up by county councils or unitary authorities and contain:
- Core Strategy – statement of principles underpinning the plans.
- Identification of sites for mineral extraction – sand, gravel, aggregate, coal, oil, etc.
- Identification of sites for waste management – recycling and composting facilities; landfill, incinerators.
