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Winckworth Sherwood
Issue 17 Planning Ahead
Review of the London Plan I Consultation on New PPS 4 I Consultation on Lifetime of Planning Permissions I The Town and Country Planning (Consultation) (England) Direction 2009 I Budget  2009 and CIL I Environmental Impact Assessments I Strategy for Regeneration and South East Plan
bb133eleftPlanning Ahead Issue 17 - May 2009

Welcome to the latest issue of Planning Ahead, Winckworth Sherwood's monthly update on planning law.  Here we comment on the latest changes to the law, and the important topical issues of the month.  If there are any particular issues that you feel should be covered, please do let us know in the feedback section below.

 

Review of the London Plan

The Mayor has published the next step in his formal review of the London Plan. The strategy, A new plan for London - Proposals for the Mayor's London Plan (the Spatial Development Strategy for Greater London) was published on 29 April 2009 for initial consultation with the London Assembly and the GLA Group. The strategy sets out the Mayor's planning objectives and a series of policy directions for London up to 2031. The revised London Plan will complement the Mayor's London Housing Strategy. The Mayor is committed to providing a diverse supply of housing to help meet London's varied requirements. The new London Plan will recognise the need for more intermediate housing options and family sized homes. It will aim to efficiently use existing housing stock and reduce the number of long term vacant properties in London. The full draft of the London Plan will be consulted upon in the autumn. The final version of the London Plan is expected to be published in late 2011 – 12.

 

Click here to view the Initial London Proposals Webpage >>

 

Consultation on New PPS 4

The Government has published a consultation paper on the new draft Planning Policy Statement 4, Planning for Prosperous Economies. The draft PPS will update draft PPS4: Sustainable Economic development and draft PPS 6: Town Centres and it will also consolidate national planning policy on economic development into one streamlined planning document. Consolidating national policy on economic development was one of the key commitments of the Planning White Paper 2007. It will also replace the guidance in five planning policy documents. The structure of PPS4 reflects the recommendations made in the Killian Pretty Review which was aimed at reducing regulatory burdens. It also implements a number of the recommendations in the Taylor Report. The deadline for responses to the consultation is 28 July 2009.

 

Click here to visit the Consultation Paper on new Planning Policy Statement 4 Webpage >>

 

Consultation on Lifetime of Planning Permissions

The Department of Communities and Local Government plans to launch a consultation in the summer on proposals to re-instate the 5 year time period for the lifetime of planning permissions. The five year permission was cut to three years by the Planning and Compulsory Act 2004. The move has been welcomed by the property industry which has lobbied for this change which will assist companies affected by the current economic climate.


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Contact Us
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Sara Hanrahan - Partner

Email Sara >>
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Nicola Raistrick - Partner

Email Nicola >>

BullR.jpg

Richard Bull - Solicitor


Email Richard >>

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Anjana Ghosh - Solicitor


Email Anjana >>

 

The Town and Country Planning (Consultation) (England) Direction 2009

The Communities and Local Government Circular 02/2009 and the annexed Town and Country Planning (Consultation) (England) Direction 2009 came into effect on 20 April 2009. It requires local planning authorities to consult the Secretary of State before granting planning permission for certain schemes involving the green belt, development outside town centres, world heritage sites, flood risk areas and playing fields.

 

Click here to visit the Circular 02/09: The Town and Country Planning (Consultation) (England) Direction 2009
Webpage >>


Budget  2009 and CIL

The introduction of the Community Infrastructure Levy will be delayed until 6 April 2010 as part of the Government's proposals in the Budget to assist industry.  The Government had previously planned to bring in the new levy in autumn 2009.


Environmental Impact Assessments

In the recent case of R (on the application of Mellor) v Secretary of State for Communities and Local Government [2009] EUECJ C-75/08, the European Court of Justice ruled that it is not necessary for an authority to give reasons why it did not require an environmental impact assessment within the determination itself. The authority is, however, required to provide relevant information or the reasons for the determination upon request.

 

 

Strategy for Regeneration and South East Plan

Following consultation in July 2008 on a new national framework to influence the way that regeneration takes place in England, the Government has published its report Transforming Places; Changing Lives: Taking Forward the Regeneration Framework which sets out how the delivery of the framework will be taken forward.

 

The Government also published the new South East Plan (the Regional Spatial Strategy for the South East) on 6 May 2009. The South East Plan is the sustainable planning framework for South East England and sets the standards and principles for the development of the region until 2026. The plan sets a housing target of 654,000 new homes in the region by 2026 which is equivalent to 32,700 homes per annum. The plan will assist the development of local plans by district and unitary councils and covers the county and unitary council areas in Berkshire, Buckinghamshire, East Sussex, Hampshire, Isle of Wight, Kent, Oxfordshire, Surrey and West Sussex.

 

 

Feedback
Please do let us know of any specific areas or issues in planning law that you would like us to cover.
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PLANNING AHEAD

Issue 17 May 2009

 

Review of the London Plan
Consultation on New PPS 4
Consultation on Lifetime of Planning Permissions
The Town and Country Planning (Consultation) (England) Direction 2009
Budget  2009 and CIL
Environmental Impact Assessments
Strategy for Regeneration and South East Plan 

 

Review of the London Plan

 

The Mayor has published the next step in his formal review of the London Plan. The strategy, A new plan for London - Proposals for the Mayor's London Plan (the Spatial Development Strategy for Greater London) was published on 29 April 2009 for initial consultation with the London Assembly and the GLA Group. The strategy sets out the Mayor's planning objectives and a series of policy directions for London up to 2031. The revised London Plan will complement the Mayor's London Housing Strategy. The Mayor is committed to providing a diverse supply of housing to help meet London's varied requirements. The new London Plan will recognise the need for more intermediate housing options and family sized homes. It will aim to efficiently use existing housing stock and reduce the number of long term vacant properties in London. The full draft of the London Plan will be consulted upon in the autumn. The final version of the London Plan is expected to be published in late 2011 – 12.

 

http://www.london.gov.uk/mayor/publications/2009/05/london-plan-initial-proposals.jsp

 

Consultation on New PPS 4

 

The Government has published a consultation paper on the new draft Planning Policy Statement 4, Planning for Prosperous Economies. The draft PPS will update draft PPS4: Sustainable Economic development and draft PPS 6: Town Centres and it will also consolidate national planning policy on economic development into one streamlined planning document. Consolidating national policy on economic development was one of the key commitments of the Planning White Paper 2007. It will also replace the guidance in five planning policy documents. The structure of PPS4 reflects the recommendations made in the Killian Pretty Review which was aimed at reducing regulatory burdens. It also implements a number of the recommendations in the Taylor Report. The deadline for responses to the consultation is 28 July 2009.

 

http://www.communities.gov.uk/publications/planningandbuilding/consultationeconomicdevelopment

 

Consultation on Lifetime of Planning Permissions

 

The Department of Communities and Local Government plans to launch a consultation in the summer on proposals to re-instate the 5 year time period for the lifetime of planning permissions. The five year permission was cut to three years by the Planning and Compulsory Act 2004. The move has been welcomed by the property industry which has lobbied for this change which will assist companies affected by the current economic climate.

 

The Town and Country Planning (Consultation) (England) Direction 2009

 

The Communities and Local Government Circular 02/2009 and the annexed Town and Country Planning (Consultation) (England) Direction 2009 came into effect on 20 April 2009. It requires local planning authorities to consult the Secretary of State before granting planning permission for certain schemes involving the green belt, development outside town centres, world heritage sites, flood risk areas and playing fields.

 

http://www.communities.gov.uk/publications/planningandbuilding/circularconsultationdirect

 

Budget  2009 and CIL

 

The introduction of the Community Infrastructure Levy will be delayed until 6 April 2010 as part of the Government's proposals in the Budget to assist industry.  The Government had previously planned to bring in the new levy in autumn 2009.

 

Environmental Impact Assessments

 

In the recent case of R (on the application of Mellor) v Secretary of State for Communities and Local Government [2009] EUECJ C-75/08, the European Court of Justice ruled that it is not necessary for an authority to give reasons why it did not require an environmental impact assessment within the determination itself. The authority is, however, required to provide relevant information or the reasons for the determination upon request.
 
Strategy for Regeneration and South East Plan

 

Following consultation in July 2008 on a new national framework to influence the way that regeneration takes place in England, the Government has published its report Transforming Places; Changing Lives: Taking Forward the Regeneration Framework which sets out how the delivery of the framework will be taken forward.

 

The Government also published the new South East Plan (the Regional Spatial Strategy for the South East) on 6 May 2009. The South East Plan is the sustainable planning framework for South East England and sets the standards and principles for the development of the region until 2026. The plan sets a housing target of 654,000 new homes in the region by 2026 which is equivalent to 32,700 homes per annum. The plan will assist the development of local plans by district and unitary councils and covers the county and unitary council areas in Berkshire, Buckinghamshire, East Sussex, Hampshire, Isle of Wight, Kent, Oxfordshire, Surrey and West Sussex.

 

 

Sara Hanrahan - Partner

shanrahan@wslaw.co.uk

 

Nicola Raistrick - Partner

nraistrick@wslaw.co.uk

 

Richard Bull - Solicitor

rbull@wslaw.co.uk

 

Anjana Ghosh - Solicitor

aghosh@wslaw.co.uk

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