CPD test paper The Localism Act


The CIOB requires members to assess and fulfil their own CPD needs. Members can therefore choose to study the CPD articles published in CM as a valid part of their personal record of CPD activity. To complete the questionnaire printed below, members should log


only by the government’s new slimline national planning policy framework (NPPF) (see box below left). Regulations to give effect to the new neighbourhood planning regime come into force in April. The construction industry can engage with the new NDP and NDO system by: n joining neighbourhood forums, which must consist of at least 21 people living or working in the neighbourhood, who are representative of it and committed to promoting its social, economic and environmental wellbeing; n introducing development proposals to the forums or parish/town councils preparing NDPs and NDOs; n participating in the “light touch” independent examinations — where the NDP will be reviewed by an independent planner appointed by the local council — to promote development proposals; n voting in public referendums to endorse the NDP/NDO after its examination (at least half must support the NDP/NDO for it to be made). The Localism Act also contains three


sets of provisions on the preparation and determination of planning applications. A duty is to be placed on applicants for


large-scale development to undertake pre-application public consultation and to take account of responses received. Forthcoming secondary legislation will stipulate the scale thresholds and consultation requirements. Councillors will be able to engage in


Perhaps the most significant provision is the removal of the regional tier of the English planning system. This means that the Regional Spatial Strategies will be abolished.


discussions with development promoters and to express views on their proposals. As long as they are not seen as having a closed mind, they can express views and determine applications without fear of judicial review. Although development promoters should encourage councillors to engage with them, promoters should expect councillors to remain wary of such engagement, at least until the more relaxed regime becomes embedded.


Financial considerations The Act also provides that where any local finance considerations are material to a decision on a planning application, they should be taken into account. This provision was brought into effect on 15 January. Although some have argued it breaches the fundamental principle that planning permission should never be bought or sold, it ensures factors such as New Homes Bonus payments and Community Infrastructure Levy receipts are given due weight in planning decisions. Other provisions in the Act include:


n a general power of competence for local authorities to undertake any action unless specifically prohibited by other legislation; n a right for local community groups to challenge local authorities to take over the provision of local public services; n a right for local community groups to bid for assets of community value and prevent their closure; n refinements to the Community Infrastructure Levy regime to give local authorities more flexibility in setting charges and spending monies raised, while ensuring some of those monies go to the neighbourhood where a development occurs; n increasing councils’ enforcement powers, including where unauthorised developments have been deliberately concealed for several years; and n reforms of social housing finance and regulation, including by enabling councils to retain rental income raised within their areas (rather than hand this over to the government) and to decide how best to spend those monies; It is likely that this new localist regime


on to www.construction-manager.co.uk then click on this month’s CPD article. Scroll down to the end of the article, and you will find a link to the online questionnaire (see example left) and the five multiple choice questions printed here. Select your answers, fill in your contact details, then click “submit”. If all five questions are


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completion of the questionnaire. If one or more questions is answered incorrectly, please reread the article and try again, pressing “submit” to resend the amended form. The questionnaire for the April edition will be available on the website until August. We are no longer offer the facility to send questionnaires by fax or post. Please email any questions regarding this CPD service to cmcpd@atompublishing.co.uk


1. The Localism Act: ● Abolishes English Regional Spatial Strategies ● Removes the need for planning permission ● Abolishes the London Plan ● All of the above


2. Under the new regime, examining inspectors: ● Are removed altogether ● Provide councils with recommendations that are binding ● Provide councils with recommendations that are not binding ● Are replaced by new examiners called community inspectors


3. CRBO stands for: ● Common rights to build order ● Community related building organisation ● Community relationship building officer ● Community right to build order


4. Planning policy statements and planning policy guidance notes are replaced by: ● Regional planning policy framework ● National planning policy framework ● Local planning policy framework ● Pan-European planning laws


5. A neighbourhood forum must comprise: ● At least 21 people ● At least 21 people living in the neighbourhood ● At least 15 people ● At least 16 people living or working in the neighbourhood


will stay for the foreseeable future. It also looks certain that something of a planning post code lottery will emerge, with developments popping up in all sorts of unexpected places simply because local stakeholders desired them — and being held back in other suitable places where their counterparts do not. Nevertheless, the construction industry must work within the new regime and make the most of the opportunities it presents.


Andrew Wintersgill is a senior associate at David Lock Associates


CONSTRUCTION MANAGER | APRIL 2012 | 37


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