Planning

1
Planning
2
Planning

• Current legislation
• Town and Country Planning Act 1990 - This is a
  consolidation Act.
• Planning (Listed Buildings and Conservation
  Areas) Act 1990
• Planning (Hazardous Substances) Act 1990
• Planning (Consequential Amendments) Act 1990
• Planning Compensation Act 1991
• Environment Act 1995

3
Planning

• Structure
• Local Planning Authorities
• Deals with applications
• Secretary of State
• Hears appeals and can call in applications

4
Planning

• Development Plans
• Structure Plan - County Council
• Local Plan - District Council

5
Planning

• National Waste Strategy (1)
• Local Waste Plan
• - scrap yards,
• - incineration,
• - landfill and landraise,
• - recycling and waste transfer,
• - waste processing,
• - composting,
• - storage and treatment centres.
• It should take account of the mineral plan.

6
Planning

• National Waste Strategy (2)
• It should correspond with the structure plan by
• - identifying existing sites,
• - identifying future sites,
• - set out policies and criteria against which
  applications for waste management can be
  determined.
• They must take into account
• - self sufficiency,
• - targets for minimisation and recycling of
  waste,
• - incineration and other treatments and waste
  disposal plans under S.50 EPA.

7
Planning

• Planning Permission required for developments
• "Development" means
• the carrying out of building, engineering mining
  or other operations in, on, over or under land or
  
• the making of any material change in the use of
  any buildings or other land - whether such change
  is material will depend upon whether it has a
  substantial physical impact on the land that is
  relevant to the town and country planning.

8
Planning

• Special rules
• Use Classes Orders (such as The Town and Country
  Planning (Use Classes) Order 1987)
• General Development Orders (such as the Town and
  Country (General Permitted Development) Order
  1995)
• Special Development Orders

9
Planning

• Planning and the Environment
• 1. Development Plans
• 2. Planning permission
• 3. Conditions

10
Planning

• Government Circular 14/85 - presumption in favour
  of development
• There is always a presumption in favour of
  allowing applications for development having
  regard to all material considerations unless the
  development would cause demonstrable harm to
  interests of acknowledged importance

11
Planning

• Gateshead Metropolitan Borough Council v
  Secretary of State for the Environment (1993)
• The planning system should not duplicate other
  bodies controls
• It must be assumed that the pollution control
  provisions will be properly applied and enforced

12
Planning

• PPG note 23 states that
• 1.The planning system should not duplicate other
  bodies controls.
• 2.Planning controls and pollution controls are
  complimentary
• 3.Decisions on developments that may pollute must
  be made in accordance with the Development Plan
  and EU Directives.
• 4.Planning authorities should consult with the
  relevant pollution control authorities but it
  must be assumed that the pollution control
  provisions will be properly applied and enforced.
• 5.The planning decision should focus on whether
  the development is an acceptable use of the land
  rather than the control of the processes or
  substances themselves.

13
Planning

• Material considerations are
• a) availability of land for a potentially
  polluting development
• b) the sensitivity of the area
• c) the impact on amenity
• d) any environmental benefits from the project
• e) the state of the site (contaminated ?)
• f) the proposed after use of the site and
  feasibility restoration
• g) prevention of pollution from smoke fumes, gas,
  smell etc
• h) impact on roads or other transport networks
• i) feasibility to restoring land for appropriate
  after use.

14
Planning

• Planning considerations are
• a) phasing of operations,
• b) the extent of tipping,
• c) access to an from the site,
• d) the general nature of the waste,
• e) restoration plans,
• f) after-care for a short term period.

15
Planning

• The criticisms of the PPG are that
• The line between the planning authorities
  considerations and the work of pollution control
  bodies e.g.
• - the possibility of land contamination arising
  from the proposed development
• - protection and remediation.
• - impact of any discharge of effluent or
  leachates
• - the risk of toxic releases
• - the waste generated by the development.
• However these matters can only be taken into
  account to the extent that they have land use
  implications.

16
Planning

• EU Directive 85/337
• Town and Country Planning Assessment of
  Environment Effects Regulations 1988

17
Planning

• Schedule 1 projects must be the subject of an
  Assessment .
• - crude oil refineries
• - thermal power stations
• - nuclear power stations
• - installations for the disposal of radioactive
  waste
• - integrated works for the initial melting of
  cast iron and steel
• - installations involving asbestos extraction
  processing
• - chemical installations
• - motorways and major roads
• - trading ports
• - special waste incineration
• - landfill.

18
Planning

• Schedule 2 projects only require environment
  assessment where there are likely to be
  significant environmental effects by virtue of
  factors such as the nature size or location of
  the project
• agriculture
• extractive industries and energy
• Circular 15/88 sets out criteria,
• a) whether the project is of more than local
  significance in terms of its size and physical
  scale
• b) the sensitivity and location of the
  development
• c) the polluting effect of the development and
  whether or not it is likely to give complex or
  adverse effects.

19
Planning

• Reasons
• Improve the procedure
• Better inform the planning process
• EU's policy principle of prevention.
• DoE Circular 15/88

20
Planning

• Scoping
• Statutory Consultees
• Public
• 21 days for inspection
• 21 days for representations

21
Planning

• EIA
• a) A description of the proposed development,
  including information about the site and design
  and scale of the development.
• b) The data necessary to identify and assess the
  main effects on the environment.
• c) A description and assessment of the likely
  significant effects direct or indirect on the
  environment.
• d) Where adverse effects are identified a
  description of the measures to avoid reduce or
  remedy the effects.
• e) A non-technical summary of the information
  provided.

22
Planning

• Environmental effects include
• physical environment,
• human beings,
• flora,
• fauna,
• soil,
• waste,
• climate,
• landscape,
• material assets, and
• cultural heritage

23
Planning

• Potential
• EIAs may be applied to policies not just projects
• It is potentially a completely integrated and
  interdisciplinary process with information
  relating to all areas of a development policy or
  project being analysed.
• It also is a practical implementation of the
  precautionary principle.
• It further engenders the principle of stewardship
  in that humans do not act without taking account
  and responsibility for the results of their
  actions.
• It forms a bridge between the prescriptive
  pollution controls and the development and use of
  land

24
Planning

• Disadvantages of the EU/UK Version
• 1. Only applies to projects not to policies
• 2. Only forms a pathway for information
• 3. Only requires the decision makers to receive
  the information - there is no screening
• 4. Does not prevent environmentally damaging
  projects
• 5. No measure of effectiveness
• 6. EAs are carried out by the developer
• 7. Only consultation
• 8. Conditions at discretion of planning
  authorities

25
Planning

• 1. No obligation developer to state need for
  scheme
• 2. Developers state problems and mitigate.
• the developer has paid for the EA and own experts
  
• the developer has resources to examine site put
  case in the best light - scoping often inadequate
  as the agencies have little time or money to
  follow up claims by the developer
• assumption development will go ahead therefore
  consider mitigating issues rather challenging
• objectors are merely "planning objectors"

26
Planning

• The standard of EAs is very poor
• they are full of vague statements and summaries
  of opinion with few "hard facts",
• the documents are perhaps substantial to prevent
  in depth consideration
• there is no quality standard to the EA
• requirement of non-technical summary ignored
• the effects are often limited to the particular
  area
• no means of enforcing the mitigating action

27
Planning

• 3. No account is taken of the cumulative effects
  opf development in an area each EA is treated
  separately even though a development zone may
  have 2 or 3 EAs at once.
• 4. The EA is seen as a bolt on requirement not as
  a part of the decision making process in passing
  or rejecting the development project.
• 5. Planners have two perceptions of the
  environment
• a) They may see it as being human centred, and
  for human convenience, public use and health,
  utility and recreation as being the main focus.
• b) They may see it as an ecological interest and
  perceive it in its own right.