Planning Made Simple, The Planning Voice Project

PLANNING MADE SIMPLE The Planning Voice Project

PLANNING VOICE AT SOUTHWARK LAW CENTRE We aim to support and empower local people to be able to influence major redevelopments affecting the environment they live in.

People may be concerned about issues such as genuinely affordable homes or maintaining and extending green space in the Borough.

We provide group training and workshops on planning issues and one to one support for local residents and small businesses impacted by major development We contribute to local and national initiatives such as the Southwark Plan and planning white papers We aim to work with Southwark council to ensure that planning decisions are made fairly and the needs of the community are considered.

TABLE OF CONTENTS 01

Introduction 01

Why should I get involved?

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What is the Planning process?

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Key Decision-Makers in the Planning System

Timeline of the Planning Process

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Key Policies in Planning

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Key Legislation in Planning

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Planning Applications 06

Finding and commenting on Planning Applications 06

Planning Notices

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The Planning Register

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Making a Comment

Template Letter for responding to Planning The Planning Committee 09

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Consultation and Equality Key Terms

INTRODUCTION WHY SHOULD I GET INVOLVED? Planning decisions impact all of our day-to-day lives, in both the short and long term!

These decisions impact areas such as: Affordable Housing Protection of Greenspaces Improving air-quality and transport Supporting local businesses And much more!

The planning process is intended to ensure that decisions are taken at the most local level, that means that local people should have a fair say in decisions being made in their local area.

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WHAT IS THE PLANNING PROCESS? The planning system should aim to identify the following: • What needs to be built or provided, and where, • What needs to be protected and, • What needs to be enhanced.

The planning process is there to ensure sustainable development; to enable decisions to be taken at the most local level; to ensure effective protection for valuable historic and natural environment and to provide framework to evaluate applications.

Planning permission may be needed to: • Build something new • Make a major change • To change the use of a building

LOCAL PLANNING AUTHORITIES: Local government administers a large portion of the planning system, they’re responsible for preparing local plans, determining planning applications and carrying out enforcement against unauthorised developments.

The Mayor of London has powers to determine certain planning applications of potential strategic importance. Local Borough Plans in London must conform (not contradict) the London Plan.

LOCAL COUNCILLORS:

Play a role in representing the views of local people in plan-making and when planning applications impacting their ward are being considered.

KEY DECISION MAKERS IN THE PLANNING SYSTEM PLANNING OFFICERS Planning Officers are appointed by Local Planning Authorities. They assist with the operation of the planning system in the Council and write reports for planning committee.

SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT Oversees the planning process from central government. Appeals against planning decision are made to the secretary of State.

A planning inspector will hear appeals and report their findings to the secretary.

THE PLANNING COMMITTEE: Consider and decide on planning decisions. It is made up of elected councillors and is directed to apply the council's planning policies in the local plan to applications. Go to page 10 to find out more

Scan this QR code to find out who your local councillors are 02

PLANNING PROCESS TIMELINE Submit Application

Application Valid on reciept?

Application Registered

Yes

21 Day consultation period commenced

No

Views of local people, businesses and other interested bodies sought

Additional Information Requested

Site Visit

Application considered by planning committee

Right of appeal

Revise and Resubmit

No

Right of appeal

No

Discharge Conditions 03

No

PRE-APPLICATION CONSULTATION Before a planning application is submitted, developers of the council should consult on plans for major development and ensure their developments comply with policy requirements, if they do not comply, they should detail why they cannot do so.

Decision Made within time limit?

Planning Permission Granted?

Yes

Granted with Conditions

Granted without Conditions

KEY POLICIES IN PLANNING The National Planning Policy Framework (NPPF) This is set by national government. It is a set of national policies which cover the economic, social and environmental aspects of development. This framework highlights the importance of sustainable development (although this is open to wide interprettion and covers topics such as housing, business, economic development, transport, and the natural environment.

Local Plans Sets out policies and site allocations for the development of local authority areas. When deciding whether to accept or reject a planning application, planning officers will refer to the policies set out in the Local Plan to advise the planning committee.

Southwark Council have a local plan in which they outline their strategic policies, targets, and visions for different areas across Southwark. This document also has site allocations in it where there is an expectation for development to meet housing targets. You can find the Southwark Local Plan on Southwark Council’s website.

Supplementary Planning Documents (SPD) These are used to give more details about the Local Plan on certain areas, such as affordable housing and heritage. These documents usually refer to specific issues or deal with a specific geographical area which will undergo change.

There are also SPDs by planning topic which can be found on Southwark Councils website.

Neighbourhood Plans Created by the Localism Act 2011 Local communities can choose to: Set planning policies through a neighbourhood plan that forms part of the development plan used in determining planning applications.

Grant planning permission through Neighbourhood Development Orders and Community Right to Build Orders for specific development which complies with the order.

There are two adopted Neighbourhood Plans in Southwark.

Housing and Economic Land Availability Assessments (HELAA) Show how much suitable land is available in an area to build housing and other developments. Councils are required to complete a HELAA to prepare a Local Plan.

They help local planning authorities understand how much development they can plan for and where this can go. A HELAA cannot decide if land should be allocated for development or if planning permission should be granted.

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KEY LEGISLATION IN PLANNING Planning obligations are legal mechanisms whereby councils secure financial contributions from developers to mitigate the impact of development.

This money can be used to support the development of affordable housing, schools, greenspaces, other infrastructure works or training opportunities.

Section 106 Is a legal agreement between developers and a local planning authority which states the obligations on the developer arising out of the planning permission. This can include policies to mitigate the negative impacts of developments, such as business relocation strategies.

Examples of this in Southwark include: Affordable housing built Schools built Playgrounds and Parks – e.g. Elephant Park

Section 106 purchase, Council Housing at Canada Water Plot K1

Community Infrastructure Levy (CIL)

The Localism Act (2011)

Is a charge that some developers have to pay to the local authority as part of their planning permission. This charge helps authorities to pay for key infrastructure and ensures local communities can benefit from developments.

This was designed to move power from central government to local authorities and communities. The act supports communities to make decisions about their neighbourhood.

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Right to Challenge Right to build Local Referendums Assets of Community Value Right to Bid

PLANNING APPLICATIONS FINDING AND COMMENTING ON PLANNING APPLICATIONS You can find out about local applications or plans through: Southwark Council’s Interactive Map Live Consultations on Southwark Council’s Website Planning Notices - see details below Developer Events Comments can be made on planning applications by email, post or on the planning register website. Any comments you make on applications will be open to public view, both in person and online, this will include details such as your name and contact information. The time-period for making comments must not be less than 21 days or 14 days where a notice is published in a newspaper.

PLANNING NOTICES Local Planning Authorities are required by law to publicise all planning applications.

Sometimes this might take form as an advertisement in a local newspaper however often you will find Planning Notices put up in the locality of the planning application.

A planning notice is put up to inform the public of planning decisions that are currently under consideration.

These notices often contain jargon which may be unfamiliar to residents, which can often confuse and decrease public engagement in this process.

Example of a Planning Notice in Southwark

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THE PLANNING REGISTER:

Screenshot of Southwark Council's Planning Portal

What is the Planning Register?

The Planning Register is where you can search, view, track and comment on planning applications in Southwark.

You can also find out about appeals and enforcements here too.

How can I find the Planning Register?

You can find the Planning Register by Googling "Southwark Planning Portal".

Or Scanning the QR code below:

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Sign up for email notifications on planning applications: You can sign up for email notifications on planning applications, doing this under ‘Advanced Search’.

Under 'Application Details', found on the advanced search page, you can select criteria which is important to you. This includes filtering applications by ward.

Once you have selected the criteria of applications that you want to receive notifications for, select ‘Search’ then ‘Save Search’.

Then under 'Saved Search Options', check the box next to 'Notify me via email about new search results' and then 'Save'.

Now you should begin to receive email notifications of Planning Applications that fit your search settings criteria.

MAKING A COMMENT ON A PLANNING APPLICATION: You can make comments on material planning considerations, examples of this include the following: design and size of the development use proposed traffic generation and parking will it be a nuisance because of noise etc will it fit in with the surrounding area will it affect my amenity in terms of daylight, privacy etc how it complies with planning policies and guidance possible Section 106 planning contributions or benefits for the community that could be secured from the proposal any other relevant material planning or environmental issues.

Comments made on issues including property value, private views, personal grounds such as the sex or race of an applicant, boundary disputes or business competition are not material planning considerations and will not be considered.

TIPS ON OBJECTING TO PLANNING APPLICATIONS: Read the local plan.

Cite policy provided in the local plan and national planning framework.

Use sentences which clearly show how the plan goes against existing policy.

Don’t use personalised reasons.

Use the public sector equality duty and Equality Act considerations Propose alternative suggestions that meet the policy referenced.

The time-period for making comments must not be less than 21 days or 14 days where a notice is published in a newspaper.

What happens with planning applications comments?

Comments made on planning applications are passed on for consideration, amendments may be made to resolve issues raised. The Council is responsible for making the final decision on the application.

Planning applicants have the right to appeal to the secretary of state against refusals of planning permission.

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TEMPLATE LETTER FOR RESPONDING TO PLANNING APPLICATIONS Dear Sir/Madam Planning reference number XX/XX/XXX Insert Address of planning application

Introduce your stance: I am writing to express my objection/support to the above application, for the following reasons:

List your main objections/reasons for support and include your own points: 1. Appearance (EXAMPLES: Design, materials, the building is too tall etc…)

This would be in [contradiction / in line] with the requirements of Policy XXX of the [London Plan/ Local Plan] which states…

2. Living Conditions (EXAMPLES: Loss of sunlight and daylight, sense of enclosure, privacy, overlooking, construction impacts) This would be in [contradiction / in line] with the requirements of Policy XXX of the [London Plan/ Local Plan] which states…

3. Highways (EXAMPLES: Traffic, cycle parking, refuse storage facilities) This would be in [contradiction / in line] with the requirements of Policy XXX of the [London Plan/ Local Plan] which states…

4. (Others – expand share your concerns!)

Comment on changes you would want to see if approved: Comments I would like the applicant and Council to consider before making a decision:​ 1.

(EXAMPLE: The top storey should be reduced by two levels) 2. (EXAMPLE: A new open green space should be created to compensate for the loss of another open space and to support the council’s policies on climate change) 3. ….

Yours sincerely,

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THE PLANNING COMMITTEE What is the Planning Committee?

The Planning Committee is made up of local councillors with the main role of considering and deciding upon planning applications.

They decide whether planning applications should be approved or rejected and whether approved applications should have planning conditions or planning obligations attached to them.

Councillors can raise comments and objections to the Planning Committee if they have a justified planning policy related reason.

Objectors and Supporters can speak at Planning Committee meetings

ROLES AND FUNCTIONS OF THE PLANNING COMMITTEE The Planning Committee comment on local development framework documents and make recommendations to the cabinet.

Consider and determine applications including: Strategic and major planning applications Designation of conservation areas Any other planning responsibilities of the authority created by the statute.

Hear and consider the case for the applicant and the case for objections to the application.

Consider the expenditure of Section 106 money.

Consider strategic planning applications and establish planning sub committees to consider applications and other matters reserved.

To comment on national and regional consultation documents proposing significant changes to strategic planning policies and make recommendations to the cabinet.

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CONSULTATION AND EQUALITY WHAT IS THE COUNCIL LEGALLY OBLIGED TO DO? The council is legally obliged to keep a Statement of Community Involvement which details how they will consult on planning policy and planning applications.

There is a statutory (legal) requirement to consult for "not less than" 21 days when a planning application is received.

For planning policy, there is also a duty to consult.

PUBLIC SECTOR EQUALITY DUTY Refers to the legal duty on public bodies to have in order to: (a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under [the Equality Act 2010]; (b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; (c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

SOUTHWARK COUNCIL CONSULTATION REQUIREMENT For planning applications, there is not much in addition to the statutory requirement to consult. Southwark Council's current (very old, from 2008) statement of community involvement says "We encourage developers to carry out consultations with communities for major schemes before the application is submitted".

For planning policy, Southwark Council say they will consult for an additional 6 weeks to the formal required consultation period of six weeks.

Protected characteristics include: age disability gender reassignment pregnancy & maternity race religion or belief sex sexual orientation.

HOW CAN YOU USE THESE DUTIES TO INFLUENCE PLANNING DECISIONS?

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Object to planning applications & proposed planning policies - use the Equality Act to support your comments Raise concerns with local councillors and MPs who may be unfamiliar with legal duties Register a formal complaint with local council Complain to Local Government Ombudsman Take legal action

KEY TERMS:

Adopted Plan/Local Plan/Development Plan: A final plan which has been set by a Local Planning Authority. This contains the planning policies and site allocations and must be considered by a developer and the planning committee.

Co-operative: An organisation which is owned and run jointly by its members.

Emerging Plan: A local plan not yet approved.

HMO: House in Multiple Occupation.

Immaterial Objections: Issues which cannot be considered to have "weight" when reviewing planning objections. If an application is rejected on these considerations this could easily be overturned on appeal Local Amenity: Something that makes if comfortable or enjoyable to live or work somewhere.

Local Authority: A public organisation responsible for a range of vital services.

Local Plan: A guide of planning rules.

Material Considerations / Objections: A matter that should be considered in deciding a planning application or on an appeal against a planning decision.

National Planning Policy Framework (NPPF): A guide which sets out planning policies for England and how these should be applied.

Neighbourhood Plan: Community-led plans which set out visions for an area and contain planning policies for the use and development of land.

Planning Committee: The Planning Committee is made up of several elected councillors, council staff and officers.

Planning Obligation: These are things which a developer is required to do to discharge the planning permission. the council can enforce these obligations under a section 106 agreement.

Statutory: Required by legislation or law.

Supplementary Planning Document: Documents which provide guidance about a Local Plan.

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USEFUL CONTACTS: Southwark Law Centre

www.southwarklawcentre.org.uk Twitter: @SouthwarkLawCen @PlanningVoice

Southwark Planning Network

bit.ly/SouthwarkPlanningNetwork-SPN

Southwark Group of Tenants Organisation www.sgto.org.uk Twitter: @SGTOonline

Planning Aid for London

planningaidforlondon.org.uk Twitter: @Planaidlondon

35% Campaign

www.35percent.org Twitter: @35percent_EAN

Latin Elephant

latinelephant.org Twitter: @LatinElephant

Southwark Council Planning Portal

planning.southwark.gov.uk/online-applications

Southwark Council Consultation Hub consultations.southwark.gov.uk