The Draft National Planning Policy Framework published by the Department for Communities and Local Government in July 2011.
The Government is attempting to streamline the Town & Country Planning process, which has grown ever more complex since its inception in 1947.
As a Chartered Mineral Surveyor, I have worked within the planning system for many years. Initially, as a Colliery Surveyor and Senior or Group Surveyor within British Coal for the last 23 years in Private Practice.
As managing director of Baker Barnett Limited, a firm of Architectural and Surveying Services Consultants, based in Chesterfield, Derbyshire, I have been heavily involved in negotiating land access arrangements and obtaining planning permission for on-shore 'gas to power' projects throughout the UK, delivering over 100 million watts (Mega Watts or MW) Coal Mine Methane (CMM) fuelled power generation projects, over 30 extraction boreholes and several methane gas supply plants.
The proposed new Framework seeks to combine some of the myriad of planning guidance / statement documents into a single coherent Framework. This is to be welcomed, but care is needed to ensure that the move towards more localism in the process does not result in more delays in determining applications and tie the hands of the planning officers.
Going through some of the main issues raised by the proposed new Framework, I would make the following observations:
Presumption in favour of sustainable development
This looks to be sensible but, defining what is or is not sustainable, will now form a significant (and maybe even the greatest) source of argument in planning applications.
Minerals may not, by their very nature, be sustainable, but that does not mean there should be a presumption against planning permission to utilise them, this has been a mistake in the past.
I do not believe there is any evidence that mankind is running out of any mineral. As access to deposits is getting ever more difficult and challenging, new techniques evolve to provide more opportunities, such as Shale Gas is now becoming viable in Europe.
We need to be clear what we mean by sustainable. for example many of the great Stately are completely sustainable - i.e. they have successfully sustained themselves for the past 250 years or more. 'Sustainable' has often been confused with 'low energy use'. We need to be clear what we mean.
Neighbourhood planning
Neighbourhood plans are being introduced through the Localism Bill, and their implementation will be supported by policies in the new Framework.
One of the greatest difficulties faced in obtaining planning consent for a minerals, power to gas or alternative energy scheme is the certain local people or groups acting with a 'not in my back yard' agenda.
In practice, what is to stop neighbourhood plans being parochial in their approach?
It is a reality that the vast majority of people will not participate in localism and neighbourhood planning. How is the new system going to control organised, vocal, and committed people or groups manipulating the system to their own agenda or for personal gain?
We, in the industry are faced with too much of that, already.
Duty to cooperate
A duty to cooperate is to be introduced through the Localism Bill. It will require local councils, county councils and other public bodies to engage constructively, actively and on an ongoing basis in the planning process. The duty will be a key element of our proposals for strategic working once Regional Strategies are abolished.
I am sorry to see the removal of the removal of the Regional Strategies - these gave an over-arching set of policies backed yup by targets and statistics that could readily be understood. RSS8 helped the CMM business develop smoothly in the East Midlands.
MPS1 - Planning and Minerals is to be cancelled, but the National policy supporting CMM projects is to be contained in Section 104 . .
104. In addition to the general policies on minerals, local planning authorities should:
- encourage underground gas and carbon storage if local geological circumstances indicate its feasibility
- encourage capture and use of methane from coal mines in coalfield areas
- when planning for on-shore oil and gas development, clearly distinguish between the three phases (exploration, appraisal and production) and address constraints on production and processing within areas that are licensed for oil and gas exploration or production; and
- provide for coal producers to extract separately, and if necessary stockpile, fireclay reserves so that it remains available for use; and
- indicate any areas where coal extraction and the disposal of colliery spoil may be acceptable.
I believe it would be helpful if the new National Planning Framework could go further enhanced to be more specific, like MPS1 RSS8 East Midlands
Renewable energy
Extract from the Draft Framework - 33
Planning plays a significant role in delivering the renewable energy that we need to meet our carbon goals and achieve energy security. The draft Framework makes it clear that local authorities should consider identifying suitable areas for renewable and low-carbon energy. When determining applications, the presumption in favour of sustainable development applies; and, once opportunity areas have been mapped, Local councils should expect subsequent applications for commercial- scale projects outside these areas to demonstrate that the proposed location is consistent with the criteria used in plan-making.
PPS 2 Renewable Energy is to go.
It would be helpful if specific consideration should be given to alterative energy generation like STOR (Short Term operating Reserve electricity generation), Peaking plants and emerging technologies.
Protection of green areas
Extract from the Draft Framework - 35
The Framework contains a new Local Green Space designation to protect locally significant green areas which are special to local communities. Local people will be able to use the new designation in their local and neighbourhood plans. We expect the new designation to be used in a way that complements - and does not undermine - investment in homes, jobs and other essential services. Given the importance of green spaces to the health and happiness of local communities we are clear that the new designation should offer suitably strong protection to localised areas that are demonstrably special.
It would appear that these areas are not to overlap with the Green Belt. Will they not restrict further the scope for development?
PPG 2 - Green Belts is to be withdrawn.
Habitats and Birds Directives
Extract from the Draft Framework - 36
Taking into account the nature of the Framework as a document that sets out the Government's key economic, social and environmental objectives and core planning principles, and taking into account also the content of the Framework (including express recognition that development likely to have a significant effect on sites protected under the Birds and Habitats Directives would not be sustainable), the Framework is not considered, either alone or in combination with other plans or projects, to be a plan likely to have significant effects on protected sites so as to necessitate any further assessment. Habitats Directive appraisals must be undertaken at plan and/or project level and the policies in the Framework are set out so as to ensure the EU obligations are not compromised in plan and decision making.
This statement does not go far enough and does not recognise the serious restraint on development that these designated and emerging designated sites are having on development proposals.
Summary
In broad terms, the simplification and streamlining of the myriad of planning guidance / statement documents into a single coherent Framework is, of course, to be welcomed.
My main concern is that while its principal objectives seem clear and straightforward, these are likely to be odds with the parochial and often random views of people who oppose development. I have some reservation that the 'localism' approach is about to grant a 'charter for objection'.
At local level, there is already too much scope for inconsistent decisions, political interference and for vested interests to be served at the expense of the National interest. At County or Unitary Authority level, things are more predictable. At this level, if a planning application is well thought out and put together properly, it has a very good chance of success, at least that has been my experience.
As a consultant in private practice, I have had much to be thankful for the pragmatic and sensible approach shown by mineral planners, up and down the Country, working within the current legislative framework. Thanks to working with the planners and communities (not against them), in developing 'gas to power' and other energy projects, my firm has had a very successful run of positive outcomes to planning applications, over the last 18 years, or so.
What we, in the industry, need a fair and predictable outcome to a planning application. The Regional Strategies had some merit, in giving guidance towards achieving this, it is a pity there is now a move to abolish them.
I fear that the move towards localism may undermine the input of skill and common sense of the planning officers who have, in my experience, had to steer a course through the deep waters of the planning process often made choppy by minority interests and political interference.