Delivering development:
local plans and National
Infrastructure
Mark Southgate, Director of Major Applications
and Plans
Contents
• PINS background
• Economic and Policy context
• Local Development Plans
• Nationally Significant Infrastructure Planning Regime
• 2014 Review
Oxford Brookes Annual Planning Lecture, 28 May 2014
Planning Inspectorate
Mission
“To deliver an outstanding national planning and
appeals service which enjoys the confidence and
respect of Ministers, the public and all
stakeholders”
Values
Fairness, Openness and Impartiality
Oxford Brookes Annual Planning Lecture, 28 May 2014
Casework types
• National Infrastructure applications
• Development plans
• Major applications – underperforming LPAs
• Planning appeals
• Enforcement appeals
• Major casework: Secretary of State
• Specialist casework – environment, transport, costs
Oxford Brookes Annual Planning Lecture, 28 May 2014
Planning appeals caseload
1999/00 – 2012/13
25,000
20,000
15,000
10,000
5,000
* inc Householder Appeals Service cases
12
/1
3
11
/1
2
10
/1
1
09
/1
0
08
/0
9
07
/0
8
06
/0
7
05
/0
6
04
/0
5
03
/0
4
02
/0
3
01
/0
2
00
/0
1
99
/0
0
0
Planning: all change please!
• Planning Act 2008
• Localism Act 2011
• National Planning Policy Framework 2012
• Growth and Infrastructure Act 2013
• National Planning Policy Guidance 2014
• Changes to permitted development rights
Oxford Brookes Annual Planning Lecture, 28 May 2014
Planning: the Business
View
‘Business has come
to the view that the
UK’s planning
system is a blocker’
(CBI)
‘The planning
system is too
complex, too costly
and lacks
consistency’ (BCC)
Oxford Brookes Annual Planning Lecture, 28 May 2014
Oxford Brookes Annual Planning Lecture, 28 May 2014
Number of homes
approved
70,000
280,000
Quarterly (Left)
Rolling Annual (Right)
60,000
240,000
50,000
200,000
40,000
160,000
30,000
120,000
20,000
80,000
10,000
40,000
0
0
2007 Q2 Q4
2008 Q2 Q4
2009 Q2 Q4
2010 Q2 Q4
2011 Q2 Q4
2012 Q2 Q4
Source: HBF Housing Pipeline Report
Oxford Brookes Annual Planning Lecture, 28 May 2014
9
2013 Q2
NPPF
•Plan led system
•Duty to cooperate
•Up to date plans
•Positively prepared; boost
significantly supply of housing
•Meet objectively assessed
needs, in full
•5 year housing land supply
Oxford Brookes Annual Planning Lecture, 28 May 2014
Oxford Brookes Annual Planning Lecture, 28 May 2014
11
Plan progress – submitted
for examination
Oxford Brookes Annual Planning Lecture, 28 May 2014
Duty to co-operate
• Legal requirements (PCPA 2004, section 33A) has to be met
during plan preparation
• Potential show stopper since plan cannot be repaired after
submission
• Not a duty to agree, but co-operation in maximising
effectiveness a much higher bar than consultation,
information-sharing, meetings with other LPAs
• Planning Policy Guidance gives helpful steer
• Lessons from failures - eg North London Waste, Coventry,
Hart, Kirklees, Aylesbury, Mid Sussex
• High Court judgment on challenge to adoption of
Winchester CS also helpful – duty satisfied
Oxford Brookes Annual Planning Lecture, 28 May 2014
NPPF key principles
“it is highly desirable that local planning authorities should
have an up-to-date plan in place” paragraph 12
“proactively drive and support sustainable economic
development to deliver the homes, businesses and industrial
units, infrastructure and thriving local places that the country
needs” paragraph 17
“Significant weight should be placed on the need to support
economic growth through the planning system” paragraph 19
Oxford Brookes Annual Planning Lecture, 28 May 2014
Objectively assessed needs
“every effort should be made to objectively identify then
meet the housing, business and other development needs of
an area, and respond positively to wider opportunities for
growth” NPPF, paragraph 17
• Strategic Housing Market Assessment (SHMA) to
assess full housing needs; meet household and population
projections (taking account of migration)
• Strategic Housing Land Availability Assessment
(SHLAA) realistic assumptions about availability, suitability
and likely viability of land to meet identified needs
Oxford Brookes Annual Planning Lecture, 28 May 2014
5 year housing land supply
“To boost significantly the supply of housing, LPAs should:
• Identify and update annually a supply of specific deliverable
sites sufficient to provide five years worth of housing
against their local requirements … ”
• +5% buffer to ensure choice and competition; and
•
+20% “where there has been a record of persistent under
delivery”
paragraph 47
Oxford Brookes Annual Planning Lecture, 28 May 2014
Presumption in favour of
sustainable development
“All plans should be based upon and reflect the presumption in
favour of sustainable development” paragraph 15
“relevant policies for the supply of housing should not be
considered up-to-date if the local planning authority cannot
demonstrate a five year supply of deliverable housing sites”
paragraph 49
Deliverable = available now; in a suitable location; have a
realistic prospect of delivery in 5 years; be viable
Oxford Brookes Annual Planning Lecture, 28 May 2014
Solihull judgement
GALLAGHER HOMES LIMITED & LIONCOURT HOMES LIMITED v
SOLIHULL METROPOLITAN BOROUGH COUNCIL 30/04/14
• core strategy, examined and adopted post NPPF,
cannot rely on housing figures in regional strategy
• any plan coming forward post NPPF must have
housing figures based on objectively assessed needs
• implication that any plan that derives its housing numbers
from RS figures may be vulnerable to legal challenge
• LPAs should base their plans, inc. Site Allocations, on an
up-to-date need figure, esp. given the removal of the
hierarchy of plans
Oxford Brookes Annual Planning Lecture, 28 May 2014
Tips for successful plan making
• Preparation is the key to success
• Evidence-based plans
• Use support available – PINS, PAS, planning guidance
• Constructive, active, on-going engagement on strategic
cross-boundary matters
• Secure Member buy-in
• Effective and challenging self assessment
• Submit when LPA is satisfied the plan is sound and legally
compliant
Oxford Brookes Annual Planning Lecture, 28 May 2014
The main objective!
Oxford Brookes Annual Planning Lecture, 28 May 2014
Oxford Brookes Annual Planning Lecture, 28 May 2014
The political view
“An all-out mission to kickstart infrastructure projects
and revive the economy”
(October 2011)
Oxford Brookes Annual Planning Lecture, 28 May 2014
A long and noble tradition
Oxford Brookes Annual Planning Lecture, 28 May 2014
Oxford Brookes Annual Planning Lecture, 28 May 2014
Oxford Brookes Annual Planning Lecture, 28 May 2014
Oxford Brookes Annual Planning Lecture, 28 May 2014
The Nationally Significant
Infrastructure Planning Regime
Energy
Transport
Water
Oxford Brookes Annual Planning Lecture, 28 May 2014
Waste water
Waste
2008 Act initial principles
• One stop shop
• Front loaded
• Policy addresses need and principles
• Development as applied for/Development Consent Order
• Predominantly Written Representations
• Clear and statutory timetable
• Independent decision maker
Oxford Brookes Annual Planning Lecture, 28 May 2014
National Policy Statements
• Overall energy policy
• Ports
• Renewables
• National networks
• Fossil fuels
• Electricity networks
• Waste water
• Oil and gas
• Hazardous waste
• Nuclear
Oxford Brookes Annual Planning Lecture, 28 May 2014
Process – six steps
The application process
the six steps
The Inspectorate has 28 days to
decide whether the application meets
the required standards to proceed to
examination including whether the
developer’s consultation has been
adequate.
Pre-Application
Acceptance
The promoter makes information
available in the local media and in public
places near the location of the proposed
project. The developer at this point will
be consulting on their proposal and will
still be shaping their project.
Consultation will influence the final
submission. Where feedback cannot be
taking on board the developer must
explain why this is the case.
Interested parties make their detailed
comments. They can request to speak
at public hearings. The Inspectorate
has 6 months to carry out the
examination
Pre-Examination
Examination
Registration takes place at
this stage, people who
register will be informed of
progress and will be given
further opportunities to put
their case. Inspectors will
hold a preliminary meeting
and set the timetable for
examination.
Oxford Brookes Annual Planning Lecture, 28 May 2014
There is an opportunity
for legal challenge
Decision
Post Decision
A recommendation to the
relevant Secretary of State
will be issued by the
Inspectorate within 3
months of the close of the
examination. The Secretary
of State then has a further 3
months to issue a decision
on the proposal.
The Planning Act 2008
As amended by Localism Act 2011
DEVELOPER
Pre-application
PINS
Acceptance
Examination
Pre-examination
1 Year plus
SofS
Decision
Recommendation
Ca 1 Year
3 months
Oxford Brookes Annual Planning Lecture, 28 May 2014
Regime evolution
• Localism Act 2011 – abolished
IPC; removed ‘merits bar’
• Growth and Infrastructure Act
2013 – business or commercial
• Light touch review of DCLG
guidance
• Consents Service Unit – April
2013
• 2014 NSIP regime review
Oxford Brookes Annual Planning Lecture, 28 May 2014
Time taken per stage
Days Taken Per Stage (Decided Projects)
Kings Lynn
-823
Able Marine Energy Park
-361
Redditch Branch Enhancement Scheme
-442
M1 J10a Grade Separation - Luton
Triton Knoll Offshore Wind Farm
-149 28106
179
90 80
28 162
-270
-561
181
86 85
183
90 86
22 123
182
90 77
24 118
183
89 90
17102
169
90 90
26104
183
90 90
-394
27104
179
101 82
North Doncaster Rail Chord
-391
27 120
167
90 77
Ipswich Rail Chord
-398
22111
-10521 144
-1000
Pre-App (COSMO)
-500
Acceptance
Pre-Exam
0
Examination
Oxford Brookes Annual Planning Lecture, 28 May 2014
304
325
199
Kentish Flats Extension
Rookery South
51
144 64 90
89 83
23 151
Heysham to M6 Link Road
297
183
-557
Brechfa Forest West Wind Farm
92
27 113
-486
Hinkley Point C New Nuclear Power Station
183
92 78
-578
Preesall Saltfield (Underground Gas Storage)
24 133
180
-649
Galloper Offshore Wind Farm
92 69
28 109
-693
East Northants Resource Management Facility
181
28 95
-338
Port Blyth New Biomass Plant
28 138
133 82 85
178
90
Days
Recommendation
505
342
500
Decision
1000
SPP
JR
1500
Judicial Reviews
• Heysham – Hearing 22-23 July 2013; Judgement
4 October 2013 - dismissed
• Rookery South – Hearing 5-6 February;
Judgement orally made – dismissed
• Hinkley Point C – Hearing 5-6 December 2013;
Judgement 20 December 2013 - dismissed; An
Taisce appealed decision – granted 27 March
• Preesall – Hearing 10-11 December 2013;
Judgement 17 January 2014 - decision quashed
March 2014
Oxford Brookes Annual Planning Lecture, 28 May 2014
Actual and projected casework
Actual & Projected Stage Breakdown
Now
40
Number of Projects
35
30
SoS
25
Recommendation
Examination
20
Pre-Exam
15
Acceptance
10
5
0
10
10
A
ug
O
ct
D
ec
10
b
Fe
1
-1
11
A
pr
1
11
11
-1
n
Ju
A
ug
O
ct
2
2
3
3
4
4
1
12
13
14
12
13
14
12
13
12
13
14
-1
-1
-1
-1
-1
-1
-1
bbbccnnngggct
ct
ct
pr
pr
pr
ec
e
e
e
e
e
u
u
u
u
u
u
F
A
J
O
F
A
J
O
F
A
J
O
D
A
D
A
D
A
Month
Oxford Brookes Annual Planning Lecture, 28 May 2014
2013/14 Submissions vs
developer forecasts: cumulative
Business Plan Projected Submissions vs Actual/Current - 2013/14: Cumulative
35
33
31
29
Number of Submitted Projects
30
Estimated no. of
projects submitted in
Business Plan
26
25
23
20
20
16
15
15
13
10
9
10
6
5
19
18
3
11
10
11
16
12
8
5
3
1
0
Apr-13
May-13
Jun-13
Jul-13
Aug-13
Sep-13
Oct-13
Nov-13
Dec-13
Month
Oxford Brookes Annual Planning Lecture, 28 May 2014
Jan-14
Feb-14
Mar-14
Actual/current
estimated no. of
projects submitted
Progress Overview
Pre-Application
40
11
52
1
1
Acceptance
MYG
Pre-Examination
Nav
Pro
DBAB
Hir
TLSB
NNDR
White
Examination
Imm
Knot
DBCB
A30
Morp
Will
Horn
SH
Wd C
BB
Cloc
TTT
NK
K2B
SoS Decision
Ram
DIR
EA1
Post Decision
NL
Staff
Rook
HPC
Brec
KFE
Gall
TK
Pree
Bly
Hey
Ips
Don
EN
Redd
Lutn
Able
KL
Recommendation
7
8
Waln
7
3
Oxford Brookes Annual Planning Lecture, 28 May 2014
18
System challenges
• Different and novel process – technical and legal
• Front loaded system - a lot of developer effort required
• Up-front cost
• Limited ability to change development once application
accepted
• Not all have National Policy Statement – NPPF, local plan
• Discharge of requirements and post consent changes
Oxford Brookes Annual Planning Lecture, 28 May 2014
Avoiding the pitfalls
• Genuine public engagement
• Listen to, and act upon, results
• Legal and technical advice – different
regime
• Succinct applications
• Ensure application docs are consistent
- eg DCO with ES
• Narrow issues - evidence agreement
and SoCG
• Project Management
Oxford Brookes Annual Planning Lecture, 28 May 2014
Delivery - Ipswich Rail Chord
Oxford Brookes Annual Planning Lecture, 28 May 2014
Faster decisions Hinkley Point C
• 31 Oct 2011 application
submitted
• 19 Dec 2012 recommendation
• 19 Mar 2013 –
Development
Consent granted
• Sizewell B - 6
years to consent;
inquiry 3 years!
Oxford Brookes Annual Planning Lecture, 28 May 2014
In progress - Thames
Tideway Tunnel
• Submitted 28 February 2013
• Accepted 27 March
• 25.1km long; 7m diameter
• Max 66m underground
• 50,000 Pages
• Over 1000 Plans
• 18,000 land
interests
Oxford Brookes Annual Planning Lecture, 28 May 2014
Further change
• Improved pre app offer
• Post consent changes
Local authority and community engagement
Oxford Brookes Annual Planning Lecture, 28 May 2014