Planning Policy

"The making of planning policy is a major political and legal issue and there is currently a considerable focus by the government in England, Wales and Northern Ireland on local plan policy making. The current climate is characterised by government concern at the slow pace of local plan adoption in England, the controversial introduction of neighbourhood planning, new strategic planning tools with the Planning (Wales) Act 2015 and local development plans in Northern Ireland. Planning Policy is the only book dedicated to planning policy, both national and local and includes coverage of the Housing and Planning Act 2016. It covers the policy framework within which planning decisions are taken. It addresses how national and local policy is formulated, examined and challenged."--Bloomsbury Publishing. Preface Table of statutes Table of statutory instruments Table of cases 1. Introduction Policy and guidance Planning policy in England Planning policy in Wales Planning policy in Northern Ireland Draft policy and other sources The development plan 2. Legal Principles The power to make a policy Oral hearing Bias The Aarhus Convention Statutory duties to consider various matters Climate change National Parks The Broads Areas of outstanding natural beauty Crime and disorder Energy Human Rights Act 1998 Public sector equality duty Waste Placing policies in the correct documents Relations between documents Reasons 3. Strategic Environmental Assessment and Habitats Strategic environmental assessment in outline The need for SEA Plans and programmes falling within Article 3 The environmental report – content Habitats assessment – overview 4. National Planning Policy – England The National Planning Policy Framework Planning Policy for Traveller Sites Planning Practice Guidance Written Ministerial Statements Circulars 5. National Policy Statements Introduction and background 6. National Waste and Air Quality Policies and Strategies Introduction Waste Waste management plans and waste prevention programmes National Planning Policy for Waste Air quality 7. Local Plans Local plans and their predecessors The present local planning documents The content of local plans and other local development documents Conformity Statement of community involvement Survey of the area The local development scheme The preparation of local plans Inspector to cure any legal or soundness failures Strategic planning and joint local plans 8. Brownfield Land Registers Brownfield land registers The details on the register Entering land on the register Decision-making within the local planning authority Decisions on adding land to Part 2 Environmental regimes: strategic environmental assessment, environmental impact assessment and the Habitats Regulations Technical details consent Review of the brownfield land register 9. London and Devolved City Regions London Mayoral Supplementary Planning Guidance The devolved city regions 10. Neighbourhood Development Plans The status of neighbourhood plans and their relationship with local plans Neighbourhood areas, parish councils and neighbourhood forums The content of neighbourhood plans The preparation of a neighbourhood plan Examination Making of neighbourhood plans Revocation and modification of neighbourhood plans Legal challenges to neighbourhood development plans 11. Supplementary Planning Documents and other Non-development Plan Policy The evolution of non-development plan policy The content of a supplementary planning document The preparation of a supplementary planning document Withdrawal of a supplementary planning document Revocation of a supplementary planning document Preparation of non-SPD local development documents 12. National Planning Policy – Wales Planning Policy Wales Planning Policy Guidance Note 14 Circulars Letters and Practice Guidance Wales Spatial Plan The National Development Framework for Wales The National Development Framework and strategic development plans as part of the development plan 13. Strategic Plans – Wales Introduction The Planning (Wales) Act 2015 Strategic planning areas Strategic planning panels Strategic development plans Interaction with local development plans 14. Welsh Local Development Plans Local development policies Form and content of local development plans Matters to consider when preparing the local development plan The local development plan process Sustainability appraisal Pre-deposit participation (reg 14) Pre-deposit public consultation (reg 15) Deposit of the proposed local development plan for consultation (regs 17, 18) Submission of the plan to the Welsh Assembly Government (reg 22) Independent examination (reg 23) Publication of the Inspector’s report and adoption (regs 24, 25) Powers of the Welsh Assembly Government Reviews of local development plans and revisions to them Annual monitoring report 15. Welsh Supplementary Planning Guidance The role and content of Supplementary Planning Guidance 16. Northern Ireland: Plans and Policies Adopted by Ministers Statement of community involvement Consultation on the preparation of policy Regional Development Strategy Housing growth indicators (‘HGIs’) Strategic Planning Policy Statement for Northern Ireland ‘Planning for Sustainable Development’ Planning Policy Statements Departmental policies and transitional arrangements Departmental development plans 17. Local Development Plans in Northern Ireland The local development plan Sustainability appraisal and strategic environmental assessment The form and content of a development plan document The plan strategy The local policies plan The development plan document-making process Joint plans Annual monitoring report Local development plan review Departmental development plans 18. Marine Planning Introduction and the development of marine planning Marine Policy Statement Marine plans Marine plans – preparation, publication and adoption The interrelationship with land-use and other plans Marine plans and decision-taking 19. National Agencies’ Policies Introduction The status of national agencies’/corporations’ policies and guidance The Environment Agency Natural England Historic England 20. Local Policies Introduction River basin management plans and river basin programmes of measures Local flood risk management strategies Shoreline management plans National Park authorities Area of outstanding natural beauty management plans Conservation area management plans Local transport plans Lee Valley Park Plan Air quality management areas action plans 21. Representations and Examinations The examination Examiners’ written questions Hearings Modifications during the course of the examination 22. High Court Challenges Public law grounds of review The Planning Court High Court challenges to planning policy decisions Procedures for High Court Challenges Application to the High Court under s 113 Pre-action processes Section 113 and judicial review proceedings from commencement Evidence in statutory applications and judicial review Remedies Costs Validity of marine policy statements and marine plans Judicial review in Northern Ireland Appendix 1 Town and Country Planning Act 1990 Appendix 2 Planning and Compulsory Purchase Act 2004 Appendix 3 Planning Act 2008 Appendix 4 Environmental Assessment of Plans and Programmes Regulations 2004, SI 2004/1633 Appendix 5 Town and Country Planning (Local Planning) (England) Regulations 2012, SI 2012/767 Appendix 6 Neighbourhood Planning (General) Regulations 2012, SI 2012/637 Appendix 7 Town and Country Planning (Brownfield Land Register) Regulations 2017, SI 2017/403 Appendix 8 Conservation of Habitats and Species Regulations 2017, SI 2017/1012 Index