Continuing Professional Development The Localism Act

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to less housing and other development being delivered nationally than had the targets remained. The government has sought to fill the

vacuum arising from its abolition of Regional Spatial Strategies by introducing a new legal duty to co-operate among public bodies, including neighbouring councils, in planning for sustainable development. Although this duty was stiffened during the Parliamentary passage of the Bill it appears unlikely it will facilitate effective planning in those towns and cities that straddle council boundaries or need to expand into adjacent, largely rural council areas. While neighbouring councils must

“co-operate” on an “on-going” basis, there is no duty on them to “agree” with each other. It seems likely that burgeoning towns and cities will continue to be hemmed in by their rural neighbours concerned with preserving the status quo. Promoters of sites adjoining towns and cities, but in separate council areas, as well as sites straddling council boundaries, could find they have to rely on the expensive appeals process to secure development. Where the new duty to co-operate is

likely to be more fruitful is in eliciting timely responses to council consultations on planning applications from public bodies, including those with a reputation

for tardiness, such as certain offices of the Environment Agency. This should have the effect of speeding up the granting of planning permissions. Another key set of provisions within the

Act, in force since 15 January, relates to the curtailment of examining inspectors’ powers over council development plans, including core strategies, local plans and other development plans. Previously, examining inspectors’ recommendations were binding on councils. Now, councils can invite inspectors to recommend changes to draft plans, but need not be bound by those recommendations.

Diminished powers This step diminishes independent inspectors’ powers, and could potentially undermine confidence in the process of preparing development plans. The risk of politically-driven development allocations or protective designations is heightened, and the likelihood of securing an allocation on a site not included in a draft plan is reduced. The move reinforces the need for promoters of development to engage with councils and other stakeholders from an early stage. After removing the regional planning

tier, the Act introduces a new neighbourhood tier beneath the development plans produced by city, borough and district councils.

The national planning policy framework (NPPF)

The NPPF, which came into force on March 27, has replaced the 20 or so planning policy statements (PPSs) and planning policy guidance notes (PPGs). By contrast, the NPPF is a crisp 50 or so pages, and intended to be more accessible to the lay reader. Many of the policies contained

in the PPSs and PPGs have been carried forward. However, NPPF has altered previous planning policy in a number of key areas: n it introduces a presumption in favour of sustainable

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development, which will increase the likelihood of development proposals being approved; n it reduces the level of protection for countryside not subject to an environmental or other protective designation (eg green belt); n the need for councils to plan for sufficient housing to meet their five-year housing requirements has been strengthened; n it removes the national target for 60% of housing to be provided on previously developed land; n it removes the national site size

threshold for requiring affordable housing to be delivered as part of residential development; n national maximum car parking requirements for non-residential developments has been removed; n within green belt areas, it is easier to redevelop previously developed sites and to deliver local transport infrastructure. The effect of the NPPF should

be more planning permissions and more development activity. It will be interesting to see whether this turns out to be the case.

Local communities will be empowered on strategic planning decisions, such as this proposal for 3,000 homes north of Bristol by Heron Land

Neighbourhood development plans (NDPs), produced by parish or town councils or — mainly in areas where there are no parish or town councils — specially constituted neighbourhood forums, will allocate land for development within their “neighbourhoods”, as well as contain policies to guide development proposals within those areas. Neighbourhood development orders

(NDOs), produced by the same bodies, will remove the need for planning permission for particular types of development specified in the order. Community right to build orders (CRBOs), made by specially established “community organisations”, will grant planning permission for specified development on particular sites. Take-up of NDOs and CRBOs is likely to be limited. Whatever the government may wish, there is likely to be little appetite for community-driven development schemes. On the other hand, take-up of NDPs will be somewhat greater, especially by parish and town councils, which can be expected to build upon their informal parish/town plans and village design statements. Nationally, a total of 233 potential NDPs have received government funding to date as part of its Neighbourhood Planning Frontrunners initiative. Nevertheless, only a small proportion of land is likely to be covered by NDPs. In many areas, core strategies/local plans produced by local authorities will be the sole source of planning policy, informed