{"id":727,"date":"2012-02-20T00:31:02","date_gmt":"2012-02-20T00:31:02","guid":{"rendered":"http:\/\/digitaljournalist.eu\/OnTheRoad\/?page_id=727"},"modified":"2012-03-15T02:23:08","modified_gmt":"2012-03-15T02:23:08","slug":"activists-guide-to-the-planning-system","status":"publish","type":"page","link":"https:\/\/alanlodge.co.uk\/OnTheRoad\/activists-guide-to-the-planning-system\/","title":{"rendered":"Activist’s Guide to the Planning System"},"content":{"rendered":"
\n

Activist’s Guide to the Planning System<\/h1>\n

Remember, this is an ‘historical site’. don’t rely on this info now<\/span><\/p>\n

<\/h2>\n

Beating the Developers<\/h2>\n

An Activist’s Guide to the Planning System<\/h2>\n

The Land is Ours<\/strong><\/span><\/p>\n

Box E, 111 Magdalen Road<\/p>\n

OXFORD OX4 1RQ<\/p>\n

Tel: 01865 722016.<\/p>\n

e-mail: office@tlio.demon.co.uk<\/p>\n

website: http:\/\/www.oneworld.org\/tlio<\/a><\/p>\n

Compiled by Richard Moyse<\/p>\n

Many thanks are due to –<\/p>\n

Brian, Marion and Neil at Gillingham Borough Council,<\/p>\n

Sarah at Stroud District Council,<\/p>\n

Jackie at Slad Valley Action Group,<\/p>\n

Celia at Save Lyminge Forest Action Group,<\/p>\n

and Dr Peter Gray.<\/p>\n

1. Introduction<\/p>\n

 <\/p>\n

1.1 Many people are unhappy about the rapid changes that are taking place in<\/p>\n

towns and in the countryside, but feel unable to do anything about it. In actual<\/p>\n

fact, there are many ways to make your voice heard, and one of the most important<\/p>\n

and effective ways is by making use of the Planning System. It is true that<\/p>\n

development interests are large and powerful, and often very much part of the<\/p>\n

establishment; but, armed with some knowledge of Planning, it is possible to<\/p>\n

take the battle onto their turf, and to win.<\/p>\n

 <\/p>\n

 <\/p>\n

2. The Planning System<\/p>\n

 <\/p>\n

 <\/p>\n

2.1 Almost all new building work, and most changes in the use of land or<\/p>\n

buildings, come under the control of the Town and Country Planning <\/strong><\/p>\n

System. The Planning System controls how land is used – for instance,<\/p>\n

whether a particular area is used for housing, farming, industry, shops, or<\/p>\n

recreation – and the size and shape of new buildings and other developments.<\/p>\n

Planning shapes, but does not drive,<\/em> change: the fact that there is<\/p>\n

pressure for development is largely due to economic factors, or to policy at one<\/p>\n

or another level of government.<\/p>\n

2.2 Land use and development is controlled in two ways, known as Forward <\/strong><\/p>\n

Planning and Development Control<\/strong>. Forward Planning is a<\/p>\n

‘scene-setting’ process, which lays down the planning policies for an area,<\/p>\n

states which areas are considered suitable for what sort of development, and<\/p>\n

sets out the standards which developments will be required to meet. Development<\/p>\n

Control puts Forward Planning into practice, by giving or refusing permission to<\/p>\n

individual development proposals.<\/p>\n

2.3 This book deals with the planning system in England and Wales. In<\/p>\n

Scotland, the planning system is similar to the rest of mainland Britain,<\/p>\n

although the Scottish Office oversees the system and issues its own Planning<\/p>\n

Guidance.<\/p>\n

2.4 In Northern Ireland, the system is very different. The only Planning<\/p>\n

Authority for Northern Ireland is the Department of the Environment Northern<\/p>\n

Ireland (DoE NI). Local Authorities are consulted on planning issues, but cannot<\/p>\n

make planning decisions. Not only does DoE NI decide the policy framework and<\/p>\n

determine Planning Applications, but it also rules on Planning Appeals, through<\/p>\n

a nominally independent appeals panel.<\/p>\n

 <\/p>\n

Who makes the decisions?<\/p>\n

 <\/p>\n

Planning decisions are made by the Local Planning Authority.<\/p>\n

For most developments, this is the Planning Committee of the local council.<\/p>\n

However, for some functions, notably waste and minerals-extraction, it may be<\/p>\n

the County Council. In the National Parks, the relevant National Park Authority<\/p>\n

makes most planning decisions. In Northern Ireland, the only planning authority<\/p>\n

is the Department of the Environment Northern Ireland (DoE NI).<\/p>\n

 <\/p>\n

 <\/p>\n

3. Forward Planning<\/p>\n


\n<\/span><\/span><\/span><\/strong><\/p>\n

 <\/p>\n

 <\/p>\n

National Parks<\/p>\n

 <\/p>\n

In the National Parks (including the Norfolk Broads, which does<\/p>\n

not actually have full National Park status), it is the duty of the relevant<\/p>\n

National Park Authority (or Broads Authority) to draw up the local plan, not the<\/p>\n

district council.<\/p>\n

 <\/p>\n

3.1 All Borough, City and District Councils have to draw up a Local <\/strong><\/p>\n

Plan. These are detailed documents which describe how land is to be used<\/p>\n

within the borough, city or district. They cover such things as housing (how<\/p>\n

many, where, what sort), employment (what sorts of industries are encouraged,<\/p>\n

where they can locate), retail (town centre versus out-of-town, etc.), leisure<\/p>\n

(sports centres, playing fields, footpaths, country parks), transport (new<\/p>\n

roads, cycle ways, etc.), social development (schools, health centres), and<\/p>\n

countryside (trees and woodland, farming, important landscapes).<\/p>\n

3.2 The Local Plan is usually made up of a set of written and numbered<\/p>\n

policies, together with a series of detailed maps which show where different<\/p>\n

policies apply. Development pressures are so high, and therefore the need for<\/p>\n

control so great, that every square inch of undeveloped land is often covered by<\/p>\n

one or more policies. Although this is based on a proper desire to protect land<\/p>\n

from inappropriate development, it does make the planning system very rigid.<\/p>\n

3.3 The creation of a Local Plan is a long process involving formal<\/p>\n

consultation of a wide range of interested parties (including developers, sports<\/p>\n

and leisure bodies, conservation and amenity groups, community groups and<\/p>\n

individual residents) and ending with a public hearing, known as a Public Local<\/p>\n

Inquiry, in front of a Planning Inspector<\/strong> from the Department of the <\/strong><\/p>\n

Environment(DoE).<\/p>\n

3.4 The Local Plan is not entirely under local control. The Local Plan must<\/p>\n

conform with the Structure Plan<\/strong> drawn up by the County Council. The<\/p>\n

Structure Plan sets out broad planning principles for the whole county, and<\/p>\n

deals with transport, mineral extraction and waste disposal, countryside<\/p>\n

protection, and the amount of new housing in each borough. Consultation is also<\/p>\n

part of the process of drawing up the Structure Plan. Structure Plans are<\/p>\n

required to conform with government-issued Regional Planning <\/strong><\/p>\n

Guidance.<\/p>\n

3.5 In addition, the Local Plan must take into account Government policy.<\/p>\n

Government policy on land use and planning matters is mainly set out in Planning<\/p>\n

Circulars from the DoE, and, most importantly, in Planning Policy Guidance <\/strong><\/p>\n

Notes(PPGs). The Secretary of State for the Environment does have the power<\/p>\n

to modify Local Plans, although his\/her approval is not explicitly required<\/p>\n

before a plan can be adopted.<\/p>\n

 <\/p>\n

3.6 In Scotland, planning guidance is issued by the Scottish Office as<\/p>\n

National Planning Policy Guidelines<\/strong> (NPPGs). In Northern Ireland, the DoE<\/p>\n

NI does not publish any planning policy guidance documents (although a document<\/p>\n

describing the planning process in Northern Ireland is apparently in the<\/p>\n

pipeline), and Local Plans are not produced.<\/p>\n

3.7 In the case of some Unitary Authorities<\/strong>, the Local Plan is part<\/p>\n

of a Unitary Development Plan<\/strong> (UDP) which also includes a Structure Plan<\/p>\n

section. This is because Unitary Authorities do not come under the control of<\/p>\n

a county-level authority. The two parts of a UDP are drawn up in the same way<\/p>\n

as an ordinary Structure Plan and Local Plan.<\/strong><\/p>\n

 <\/p>\n

Other Local Plans<\/p>\n

 <\/p>\n

Minerals Local Plans (dealing with the extraction if minerals)<\/p>\n

and Waste Local Plans (dealing with waste disposal) may be produced by the relevant<\/p>\n

planning authorities. In both cases, this is usually the County Council or Unitary<\/p>\n

Authority. In National Parks, these matters are determined by the National Park<\/p>\n

Authority.<\/p>\n

 <\/p>\n\n\n\n
<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Planning Policy Guidance Notes – in all their<\/p>\n

glory<\/p>\n

 <\/p>\n

There are currently 24 PPGs. They are revised from time<\/p>\n

to time (and numbers are re-used as certain titles become defunct), so<\/p>\n

make sure you get an up-to-date copy. This list is as accurate as I can<\/p>\n

make it at the time of writing. They were all available at the county<\/p>\n

library.<\/p>\n

Minerals-winning\u2019 – essentially quarrying – is dealt with in Minerals<\/p>\n

Planning Guidance Notes (MPGs).<\/p>\n

 <\/p>\n

PPG1<\/p>\n

 <\/p>\n

General Policy and Principles<\/p>\n

 <\/p>\n

PPG2<\/p>\n

 <\/p>\n

Green Belts<\/p>\n

 <\/p>\n

PPG3<\/p>\n

 <\/p>\n

Housing<\/p>\n

 <\/p>\n

PPG4<\/p>\n

 <\/p>\n

Industrial and Commercial Development and Small Firms<\/p>\n

 <\/p>\n

PPG5<\/p>\n

 <\/p>\n

Simplified Planning Zones<\/p>\n

 <\/p>\n

PPG6<\/p>\n

 <\/p>\n

Town Centres and Retail Developments<\/p>\n

 <\/p>\n

PPG7<\/p>\n

 <\/p>\n

The Countryside – Environmental Quality and Economic and Social<\/p>\n

Development<\/p>\n

 <\/p>\n

PPG8<\/p>\n

 <\/p>\n

Telecommunications<\/p>\n

 <\/p>\n

PPG9<\/p>\n

 <\/p>\n

Nature Conservation<\/p>\n

 <\/p>\n

PPG10<\/p>\n

 <\/p>\n

Strategic Guidance for the West Midlands<\/p>\n

 <\/p>\n

PPG11<\/p>\n

 <\/p>\n

Strategic Guidance for Merseyside<\/p>\n

 <\/p>\n

PPG12<\/p>\n

 <\/p>\n

Development Plans and Regional Planning Guidance<\/p>\n

 <\/p>\n

PPG13<\/p>\n

 <\/p>\n

Transport<\/p>\n

 <\/p>\n

PPG14<\/p>\n

 <\/p>\n

Development on Unstable Land<\/p>\n

 <\/p>\n

PPG15<\/p>\n

 <\/p>\n

Planning and the Historic Environment<\/p>\n

 <\/p>\n

PPG16<\/p>\n

 <\/p>\n

Archaeology and Planning<\/p>\n

 <\/p>\n

PPG17<\/p>\n

 <\/p>\n

Sport and Recreation<\/p>\n

 <\/p>\n

PPG18<\/p>\n

 <\/p>\n

Enforcing Planning Control<\/p>\n

 <\/p>\n

PPG19<\/p>\n

 <\/p>\n

Outdoor Advertisement Control<\/p>\n

 <\/p>\n

PPG20<\/p>\n

 <\/p>\n

Coastal Planning<\/p>\n

 <\/p>\n

PPG21<\/p>\n

 <\/p>\n

Tourism<\/p>\n

 <\/p>\n

PPG22<\/p>\n

 <\/p>\n

Renewable Energy<\/p>\n

 <\/p>\n

PPG23<\/p>\n

 <\/p>\n

Planning and Pollution Control<\/p>\n

 <\/p>\n

PPG24<\/p>\n

 <\/p>\n

Planning and Noise<\/p>\n

 <\/p>\n

 <\/p>\n

 <\/p>\n

 <\/p>\n

4. Development Control.<\/p>\n

 <\/p>\n

 <\/p>\n

4.1 Anyone or any organisation (with some exceptions – see section 9) that<\/p>\n

wants to develop or change the use of any piece of land must make a Planning <\/strong><\/p>\n

Applicationto the Local Planning Authority<\/strong> (LPA).<\/p>\n

4.2 A Planning Application includes written and drawn details of the proposed<\/p>\n

development. In the case of certain major developments, such as oil refineries<\/p>\n

or toxic waste dumps, an Environmental Impact Assessment<\/strong> is also required<\/p>\n

by law. The LPA can ask for Environmental Assessments for other large scale<\/p>\n

developments which it thinks may be environmentally damaging.<\/p>\n

4.3 Planning Officers assess Planning Applications against national and local<\/p>\n

planning policies. In the case of some small developments, Planning Officers<\/p>\n

themselves are able to grant or refuse Planning Permission<\/strong>. However, the<\/p>\n

application is usually referred to the Planning Committee of the Local<\/p>\n

Authority: the Planning Officers will normally recommend whether Planning<\/p>\n

Permission is granted or refused, but the final decision is up to the Elected <\/strong><\/p>\n

Members(Councillors) on the committee.<\/p>\n

4.4 The LPA will use its Local Plan when deciding whether or not a<\/p>\n

development should be allowed to go ahead. Normally, a development will be<\/p>\n

approved if it is in line with the Local Plan, and meets other planning laws and<\/p>\n

guidelines. A Planning Application which is not in line with the Local Plan will<\/p>\n

normally be rejected.<\/p>\n

4.5 If a developer finds that their Planning Application has been rejected,<\/p>\n

they can appeal<\/strong> to the Department of the Environment, which will set up<\/p>\n

an Inquiry<\/strong>. The final decision on the application is made by a DoE<\/p>\n

Inspector.<\/p>\n

4.6 It is worth noting that recent government planning guidance means the<\/p>\n

Inspector must normally follow the Local Plan <\/em>when making a<\/p>\n

decision.<\/p>\n

 <\/p>\n

 <\/p>\n

Planning permission vs<\/p>\n

Trees, woods and hedges<\/p>\n

 <\/p>\n

Planning Permission over-rides certain other forms of planning<\/p>\n

protection. For instance, a developer may apply to build on a woodland which is<\/p>\n

protected by a blanket Tree Preservation Order (TPO). If permission is granted<\/p>\n

then the TPO no longer applies, and the developer will not be committing an<\/p>\n

offence by clearing the wood. However, it would be reasonable to expect the<\/p>\n

developer to avoid damage to any trees to be retained in the finished<\/p>\n

development. Likewise, Planning Permission overrides any protection conferred on<\/p>\n

hedges by the Hedgerows Regulations.<\/p>\n

 <\/p>\n

 <\/p>\n

 <\/p>\n

 <\/p>\n

5. Fighting a Planning Application.<\/p>\n

 <\/p>\n

 <\/p>\n

5.1 Unlike developers, objectors have no right of appeal. If the Local<\/p>\n

Planning Authority decides to accept a Planning Application, it is almost <\/em><\/p>\n

impossibleto have the decision reversed. You can write to the Secretary of<\/p>\n

State for the Environment and ask for the application to be ‘called in’ for an<\/p>\n

inquiry. However, the Government has made it very clear that this will only be<\/p>\n

done in exceptional circumstances, and where the development raises issues of<\/p>\n

national or regional importance.<\/p>\n

5.2 So it is vital to get in early – you must act as soon as the Planning<\/p>\n

Application is made. If you miss the closing date for objections, your opinions<\/p>\n

will go unheard, and there will be nothing, short of direct action, that you can<\/p>\n

do about it. Even if you do go for direct action, you will lose credibility as a<\/p>\n

campaigner if you have not at least tried to fight the application through the<\/p>\n

official channels first. This cannot be emphasised enough: do not wait until <\/strong><\/p>\n

the bulldozers move in – by then it will be much too late.<\/p>\n

5.3 Planning Applications have to be publicly advertised. Notices giving<\/p>\n

details of an application are sent to people likely to be affected (usually the<\/p>\n

immediate neighbours), and may also be posted on site where the development is<\/p>\n

large or on open land. A brief weekly list of current Planning Applications in<\/p>\n

the area is published in at least one local newspaper, and a complete list is<\/p>\n

always available for view at the Planning Department of the local council. Local<\/p>\n

organisations which are regularly consulted by the LPA can ask to be sent weekly<\/p>\n

planning lists as they are produced. If you really feel that it would help your<\/p>\n

group to receive weekly lists, then ask to be sent them (this may take some<\/p>\n

wheedling and persuasion) – but remember that there will be pages of them, and<\/p>\n

that they will consist mainly of applications for house extensions, shop signs,<\/p>\n

and so on.<\/p>\n

5.4 For fuller details of a particular application, ask to see the original<\/p>\n

at the local Planning Department – Planning Applications are public documents.<\/p>\n

Planning Officers will normally take time to explain the application to you, and<\/p>\n

to discuss any concerns. Applications for large developments may include vast<\/p>\n

amounts of detailed information – an Environmental Impact Assessment may be an<\/p>\n

inch or more thick – so you will have to be prepared to spend a lot of time<\/p>\n

wading through it all.<\/p>\n

5.5 If you wish to object to the application (or support it!), then you must<\/p>\n

make your comments in writing by the end of the consultation period. This is<\/p>\n

usually 21 days – the exact closing date will be on notices sent out or placed<\/p>\n

on site. Note that the consultation period may be longer if the application is<\/p>\n

particularly difficult or controversial: contact the Planning Officers if in<\/p>\n

doubt, or if you think you may need more time to put your case together.<\/p>\n

5.6 The LPA cannot turn down a Planning Application just because lots of<\/p>\n

people object to it. Rejection must be based on what are called Material <\/strong><\/p>\n

Considerations.<\/p>\n

5.7 A Material Consideration can be any matter related to the use of land and<\/p>\n

the development in question. It’s a bit of a fuzzy definition, but it can<\/p>\n

include the size and nature of the development; the impact of the development on<\/p>\n

landscape, wildlife, or resources such as groundwater; the availability of<\/p>\n

infrastructure (for example, roads, water supply, waste water treatment<\/p>\n

capacity); and the effect of the development on the neighbourhood.<\/p>\n


\n<\/strong><\/p>\n

“Material considerations must be genuine planning <\/em><\/p>\n

considerations, ie they must be related to the purpose of planning legislation,<\/p>\n

which is to regulate the development and use of land in the public interest. The<\/p>\n

considerations must also fairly and reasonably relate to the application<\/p>\n

concerned.”PPG 1<\/p>\n

5.8 Material Considerations cannot include any matters covered by other<\/p>\n

legislation; for instance, the potential pollution from a proposed factory might<\/p>\n

not be a material consideration, as pollution limits are set by specific laws.<\/p>\n

In this case, it would be up to the Environment Agency<\/strong> to say whether or<\/p>\n

not the factory could operate – but only once Planning Permission was<\/p>\n

granted.<\/p>\n

5.9 So, when you object to an application, it is important that you base your<\/p>\n

objections on clear issues which are related to land-use – the way land is used<\/p>\n

now, the way it will be used if the development goes ahead, the way the<\/p>\n

development will restrict future use of the land, or the way the land could be<\/p>\n

used if the development does not go ahead.<\/p>\n

5.10 Some of these will be obvious – for instance the proposed development<\/p>\n

might spoil the view from a local beauty spot (‘amenity’ is considered a land<\/p>\n

use issue), destroy land used for formal or informal recreation, or be damaging<\/p>\n

to important wildlife habitats. It might increase the amount of traffic on the<\/p>\n

roads, or it might encourage further development on neighbouring land. Finding<\/p>\n

other Material Considerations will require some research.<\/p>\n

 <\/p>\n

The Environment Agency (EA) is the principle environmental<\/p>\n

regulator in England and Wales, and the Scottish Environmental Protection Agency<\/p>\n

(SEPA) in Scotland. The EA and SEPA authorise the following:<\/p>\n

    \n
  • Waste management, which includes land-fill;<\/li>\n<\/ul>\n

     <\/p>\n

      \n
    • Discharges of substances into surface, ground or sea water;<\/li>\n<\/ul>\n

       <\/p>\n

        \n
      • Water abstraction from waterways and ground water;<\/li>\n<\/ul>\n

         <\/p>\n

          \n
        • Pollution of land, sea and air by certain industrial processes.<\/li>\n<\/ul>\n

           <\/p>\n

          Licenses for water abstraction, consents for discharges into<\/p>\n

          water, and authorisations for emissions of pollutants can only be issued<\/p>\n

          following public consultation. Notices must be published in at least one local<\/p>\n

          paper, and twenty eight days (six weeks for discharge consents) is allowed for<\/p>\n

          the submission of comments.<\/p>\n

           <\/p>\n

          Digging up treasure . . .<\/p>\n

           <\/p>\n

          . . . finding information to support your case.<\/p>\n

          The Local Plan or UDP<\/strong><\/span> – you can buy a copy from the LPA, but they are <\/span><\/p>\n

          expensive. There will be a copy available at your town’s main library. Read it<\/p>\n

          carefully – the LPA must take into account the numbered policies and<\/em> the<\/p>\n

          background text. And be sure to look at all<\/em> the numbered policies – you<\/p>\n

          may well find that while one policy might apparently support the proposal,<\/p>\n

          another might be able to be used against it. For instance, there may be general<\/p>\n

          purpose policies on nature conservation, protection of trees, protection of<\/p>\n

          footpaths, and so on. Additionally, Local Plan policies are never definite: they<\/p>\n

          always read ‘There will be a presumption in favour of . . .’ or such-and-such<\/p>\n

          ‘will normally be refused’. So interpretation is important – try to convince the<\/p>\n

          planners that the policies mean what you<\/em> want them to mean.<\/p>\n

          Planning Policy Guidance Notes (PPGs).<\/strong> There are loads of these, but your<\/p>\n

          LPA will have the lot and with luck will let you see them on request; failing<\/p>\n

          that, try the county library, or order one from a reputable book shop, or the<\/p>\n

          HMSO bookshop in London. CPRE\/YDCW have produced a very useful index to national<\/p>\n

          planning policies (see section 12) which you might wish to get hold of: write to<\/p>\n

          them for a copy.<\/p>\n

          Any other government policy documents<\/strong>, such as the recent rural white<\/p>\n

          paper (a statement of government policy proposals for the countryside, available<\/p>\n

          from HMSO), or even statements made by government ministers: if the Environment<\/p>\n

          Secretary has recently said on ‘Newsnight’ that hedgerows should be protected<\/p>\n

          (and it would be nice if hedges were considered important enough to be on<\/p>\n

          ‘Newsnight’), then that could<\/em> be a material consideration.<\/p>\n

          For background information on nature conservation and wildlife:<\/p>\n

          contact your county Wildlife Trust<\/strong>;<\/p>\n

          study the Wildlife Habitat Survey<\/strong> (sometimes referred to as a Phase 1<\/p>\n

          Habitat Survey) for your county, if there is one. Local Planning Officers and<\/p>\n

          County Planning Officers will have copies which you can look at, and there may<\/p>\n

          also be a copy in the county library.<\/p>\n

          For background information on archaeological or historical matters, contact<\/p>\n

          county archaeological groups<\/strong> (the local library may have a contact<\/p>\n

          address), or visit the County Records Centre<\/strong> (this may have a less than<\/p>\n

          clear title, eg in Kent it is known as \u2018The Centre for Kentish Studies\u2019): entry<\/p>\n

          is free, but you may need to obtain a reader\u2019s card in order to get<\/p>\n

          in.<\/p>\n

           <\/p>\n

           <\/p>\n

          5.11 When writing in with your objection, it is good to include positive<\/p>\n

          ideas for the use of the land concerned: perhaps a nature reserve, country park,<\/p>\n

          community orchard, or informal amenity area. At ‘Pure Genius’, the derelict site<\/p>\n

          in Wandsworth occupied by a low-impact community, an application was made by the<\/p>\n

          occupiers for a sustainable ‘Ecovillage’. This was intended to counter the<\/p>\n

          application by the site’s owners, Guinness, for high cost housing and a<\/p>\n

          supermarket. It’s worth noting that you do not have to own a piece of land to<\/p>\n

          apply for Planning Permission on it. It’s also worth noting that it will cost<\/p>\n

          you at least \u00a3160 to submit a Planning Application for a single dwelling – ask<\/p>\n

          your local planning department for a copy of the scale of charges.<\/p>\n

           <\/p>\n

          Making a Planning Application<\/p>\n

           <\/p>\n

          Planning Permission is required before the use of a piece of<\/p>\n

          land can be changed. It is not always clear what counts as a change of use. For<\/p>\n

          instance, Planning Permission is required if a cow pasture is to be used for<\/p>\n

          grazing horses. Planning permission is not needed if a pub is to be converted to<\/p>\n

          offices, but is needed if offices are to be converted to a pub. Contact the<\/p>\n

          local Planning Officers if you are not sure if Planning Permission is needed for<\/p>\n

          the change or development which you are proposing.<\/p>\n

          Planning Officers will give you all the forms which you need to<\/p>\n

          fill in, and tell you what plans you will need to provide. You may make either a<\/p>\n

          \u2018full\u2019 or an \u2018outline\u2019 application. \u2018Outline\u2019 applications are generally used<\/p>\n

          for large development such as housing estates, where the developer will apply to<\/p>\n

          build \u2018x\u2019 number of a certain sort of house on a particular site. The details<\/p>\n

          are then dealt with at a later date as \u2018reserved matters\u2019 by the submission of<\/p>\n

          one or more further Planning Applications.<\/p>\n

          Once you have submitted your application, the Planning<\/p>\n

          Authority will usually determine your application within 6 weeks. Difficult,<\/p>\n

          complex or controversial applications may take longer to decide.<\/p>\n

          The Planning Authority will post notices on the site concerned,<\/p>\n

          and notify neighbours and other interested parties about the application. Any<\/p>\n

          comments must be made to the Planning Authority within 21 days of the notices<\/p>\n

          being posted. Again, this period may be lengthened at the Planning Authority\u2019s<\/p>\n

          discretion if the application is complex or controversial.<\/p>\n

          Most applications will be decided by the Planning Committee of<\/p>\n

          the Planning Authority. You may write in support of your application, and attend<\/p>\n

          the committee, but you will not be able to speak at the meeting. You may ask<\/p>\n

          your Councillor to speak on your behalf at the meeting.<\/p>\n

          You will be notified by post of the Planning Authority\u2019s<\/p>\n

          decision. If your application has been refused, you will be sent details of how<\/p>\n

          to appeal (if you so wish) against the decision.<\/p>\n

           <\/p>\n

          5.12 Because of the land use<\/em> basis of the planning system, the<\/p>\n

          importance of wilderness is (sadly) not recognised. It would probably be unwise<\/p>\n

          to say that you feel an area should be left totally alone: at least try to dress<\/p>\n

          it up to sound like an active use of the land.<\/p>\n

          5.13 If an Environmental Assessment has been prepared, ask to see it: they<\/p>\n

          are often terrible, and can provide a good basis for objections. If you think<\/p>\n

          that the assessment does not take proper account of all the environmental<\/p>\n

          impacts of the proposed development, then make sure you say so. If you can<\/p>\n

          persuade the LPA that the assessment is inadequate, then, at the very least, the<\/p>\n

          developer will have to go through the whole exercise again. English Nature has<\/p>\n

          produced a guidance leaflet on Environmental Assessment which is aimed at<\/p>\n

          developers, but which would be useful in spotting deficiencies in developers’<\/p>\n

          submissions.<\/p>\n

          5.14 Planning Committees, like all local authority committees, are held in<\/p>\n

          public (except under certain circumstances, when the press and public can be<\/p>\n

          excluded from the meeting room for the discussion of particular agenda items).<\/p>\n

          Anyone may attend, but no-one but the council officers and members can take part<\/p>\n

          in debates, unless specifically<\/em> asked to do so: it’s no use sticking up<\/p>\n

          your hand (or shouting), you’ll be ignored.<\/p>\n

          5.15 The Planning Committee will probably have full ‘delegated powers’, which<\/p>\n

          means that, unlike other council committees, it does not have to refer its<\/p>\n

          decisions to a meeting of the full Council.<\/p>\n

          5.16 Even if you commented on the application, you may not be notified of the<\/p>\n

          LPA’s decision – some send out letters, some don’t. Make sure you know the date<\/p>\n

          of the Planning Committee meeting so that you can phone in to check the outcome.<\/p>\n

          The minutes of the Planning Committee, together with the minutes of all the<\/p>\n

          council’s committees are placed in the local main library.<\/p>\n

          5.17 If the LPA approves an application which goes against the policies in<\/p>\n

          the Local Plan or UDP, they must advertise it as a departure from the plan, and<\/p>\n

          refer the decision to the Secretary of State for the Environment. In this<\/p>\n

          situation, you should write to the SoS with your objections; however, note that<\/p>\n

          the Secretary of State will not interfere with planning decisions unless they<\/p>\n

          are of more than local importance.<\/p>\n

          5.18 Note that Planning Permission applies to land and not<\/em> to a person<\/p>\n

          or organisation. If the land is sold, the Planning Permission goes with it.<\/p>\n

           <\/p>\n

           <\/p>\n

           <\/p>\n

          6. Planning conditions<\/p>\n

           <\/p>\n

           <\/p>\n

          6.1 Increasingly, Planning Permission may be granted subject to Planning <\/strong><\/p>\n

          Conditionsor a Planning Agreement<\/strong>.<\/p>\n

          6.2 Planning Conditions<\/em> (which can be appealed against by the<\/p>\n

          developer) might include keeping trees, hedges, or other features of wildlife or<\/p>\n

          landscape importance. Like many aspects of the planning system, Planning<\/p>\n

          Conditions can be positive or negative in their effects: they can be a very<\/p>\n

          useful way of protecting important features or ensuring good design, or they can<\/p>\n

          be a way for the LPA to get around objections and allow the development to go<\/p>\n

          ahead. In any case, conditions must be necessary, relevant, enforceable, precise<\/p>\n

          and reasonable.<\/p>\n

           <\/p>\n

          <\/strong>Example<\/strong><\/em>. People whose allotments were to be sold for housing objected to <\/em><\/p>\n

          the Planning Application on the grounds that there were slow-worms on the<\/p>\n

          allotments. It is illegal, under the Wildlife and Countryside Act, to<\/p>\n

          deliberately kill slow-worms, and it was argued that bulldozing the site would<\/p>\n

          be bound to kill some of the animals. The LPA made it a condition of the<\/p>\n

          Planning Permission that as many as possible of the slow-worms were to be<\/p>\n

          captured and relocated before the development went ahead. In the end, this meant<\/p>\n

          that the allotments (and slow-worm habitat) were lost. (Most ecologists would<\/p>\n

          also argue that moving animals or plants to new sites is unlikely to lead to<\/p>\n

          their long-term survival.)<\/p>\n

          6.3 Planning Agreements<\/em> are used by the LPA to gain ‘benefits’ for the<\/p>\n

          local area, sometimes known as Planning Gain<\/strong>. Agreements are entered into<\/p>\n

          voluntarily by the developer and the LPA, and may be used to provide needed<\/p>\n

          infrastructure or community benefits. Planning Gain has the reputation of being<\/p>\n

          a way for a developer to ‘buy’ Planning Permission. However, it’s not quite that<\/p>\n

          crude: Planning Gain might look like a bribe (albeit a very public one) or a<\/p>\n

          massive sweetener to the LPA and to local people, but the development concerned<\/p>\n

          must still comply with any national and local planning laws and guidelines.<\/p>\n

          Planning Gain can, in practice, turn out to be good or bad.<\/p>\n

           <\/p>\n

          <\/strong>Example.<\/strong><\/em> When a change to an existing leisure centre was approved, it was <\/em><\/p>\n

          subject to an agreement which provided a badly needed strip of land for a cycle<\/p>\n

          path alongside the site.<\/p>\n

          Example.<\/strong> A new superstore development meant extra traffic would be using<\/p>\n

          an existing junction, so a Planning Agreement was used to provide all the<\/p>\n

          modifications which it was thought were needed. There is now a huge and<\/p>\n

          dangerous roundabout outside the store.<\/p>\n

           <\/p>\n

          6.4 A Planning Agreement, once entered into, is binding: there is no appeal,<\/p>\n

          and a developer who breaches the agreement could be taken to court by the LPA<\/p>\n

          under civil law. Like the Planning Permission itself, the agreement passes on to<\/p>\n

          ‘successors in title’, that is, anyone who buys the land in future. There could<\/p>\n

          be potential for agreements to be used to establish low-impact communities<\/p>\n

          outside normal residential areas – for example, the agreement might specify the<\/p>\n

          type and amount of housing to be constructed, so that the application could not<\/p>\n

          be used to open the door to general residential development.<\/p>\n

          6.5 The Royal Society for the Protection of Birds has published a report<\/p>\n

          calling for the better use of Planning Conditions to protect wildlife and wild<\/p>\n

          habitats. ‘Natural Conditions’ is available from them for \u00a39.<\/p>\n

           <\/p>\n

           <\/p>\n

           <\/p>\n

          A nasty thought . . .<\/p>\n

           <\/p>\n

          You are fighting a development proposal which will destroy an<\/p>\n

          area of countryside which is very important to you (and to the rest of the<\/p>\n

          community), but you are fairly sure that the development will be approved.<\/p>\n

          Should you refuse absolutely to accept the proposed<\/p>\n

          development, and fight the application to the bitter end – even though you may<\/p>\n

          lose everything you are fighting for?<\/p>\n

          Or should you accept that the application will succeed, and<\/p>\n

          fight for mitigation – such as habitat creation nearby – through Planning<\/p>\n

          Conditions or Planning Agreements, even though this means giving up the battle<\/p>\n

          for the land you love?<\/p>\n

           <\/p>\n

          This is not, I\u2019m afraid to say, an uncommon scenario, and is<\/p>\n

          one that causes bitter arguments within and between environmental<\/p>\n

          groups.<\/p>\n

           <\/p>\n

           <\/p>\n

           <\/p>\n

           <\/p>\n

          7. Structure Plans, Local Plans and UDPs<\/p>\n

           <\/p>\n

           <\/p>\n

          7.1 New Government guidelines mean that all planning decisions should now be<\/p>\n

          made in accordance with the Local Plan or UDP, unless there are over-riding<\/p>\n

          reasons of ‘national or regional importance’. So, if you want to influence land<\/p>\n

          use and development in your area, you must <\/em>ensure that your views are<\/p>\n

          taken into account when the plans are drawn up. Not only can you suggest<\/p>\n

          policies to prevent developments that you don’t want to see, but you can suggest<\/p>\n

          the kind of positive developments which you do<\/em> want to see – more social<\/p>\n

          housing, more allotments, cycleways, better countryside protection,<\/p>\n

          whatever.<\/p>\n

          7.2 LPAs are now obliged to consider the environmental effects of their<\/p>\n

          plans, and to encourage ‘sustainable development’. PPG12 makes it clear that<\/p>\n

          issues such as global warming and use of non-renewable resources are to be<\/p>\n

          reflected in policies – for instance, new developments should be located and<\/p>\n

          designed to minimise car journeys. This is an area in which many LPAs have<\/p>\n

          little knowledge or experience, and environmental groups or individual<\/p>\n

          environmentalists will probably be able to increase the pressure for improved<\/p>\n

          sustainability and low-impact living.<\/p>\n

           <\/p>\n

          Regional Planning Authorities (County Councils and Unitary<\/p>\n

          Authorities) are now bound by the Road Traffic Reduction Act to draw up plans<\/p>\n

          for reducing traffic levels. Structure Plans and UDPs should therefore include<\/p>\n

          measures to reduce the need to travel.<\/p>\n

           <\/p>\n

          7.3 Local Plans and UDPs have a five or ten year life, but as they take a<\/p>\n

          long time to put together, the process of revising a plan may start just a few<\/p>\n

          years after it first comes into effect. So even if your area already has a Local<\/p>\n

          Plan, there’s a good chance that the next one will be in preparation and that<\/p>\n

          there will be something for you to do.<\/p>\n

          7.4 The plans all have long periods of formal consultation, and there are a<\/p>\n

          number of opportunities to make your opinions known. However, it is up to the<\/p>\n

          LPA how much input local people actually have. In some areas they start by<\/p>\n

          asking local people what they think are the important planning issues in the<\/p>\n

          area; in others, the LPA will produce topic papers stating what they<\/em><\/p>\n

          think are the important issues, and asking for comments. The latter is much less<\/p>\n

          flexible, and, unless you are prepared to put in a lot of work, you will find<\/p>\n

          that the plan is led much more by the opinion of Planning Officers and Elected<\/p>\n

          Members.<\/p>\n

          7.5 The next stage is the drawing up of a draft Local Plan\/UDP which is then<\/p>\n

          made available for comment. If you can’t afford a copy (and they may cost \u00a320<\/p>\n

          each), then there will be one in the local library. The draft plan is revised in<\/p>\n

          the light of the comments and placed ‘on deposit’ for six weeks, during which<\/p>\n

          more comments and objections are invited. These comments, together with the<\/p>\n

          LPA’s observations on them, are placed on deposit for a further period, and form<\/p>\n

          the basis for the Local Plan Inquiry. More comments can be submitted during this<\/p>\n

          second deposit period.<\/p>\n

          7.6 It is important to get your views into the system at the earliest<\/p>\n

          possible stage, as once policies are drafted, there are unlikely to be any major<\/p>\n

          changes. As it is up to the LPA whether it advertises the plan at the very<\/p>\n

          earliest stages, it is a good idea to establish a good relationship with local<\/p>\n

          councillors or local Planning Officers, and to keep in touch with what is going<\/p>\n

          on.<\/p>\n

          7.7 It is also important to follow the process through. Your written<\/p>\n

          submissions at the deposit stage are vital and will be seen by the Inspector at<\/p>\n

          the inquiry. You must be sure to give your support to those policies which you<\/p>\n

          agree with, and study the objections which others have sent in (ask to see<\/p>\n

          them): developers will object to protective policies covering land which they<\/p>\n

          want to build on, and you can comment on their objections.<\/p>\n

           <\/p>\n

           <\/p>\n

           <\/p>\n

           <\/p>\n

           <\/p>\n

          8. Inquiries
          \n<\/span><\/p>\n

           <\/p>\n

           <\/p>\n

           <\/p>\n

          8.1 There are three kinds of inquiry which you might find yourself involved<\/p>\n

          in: Planning Inquiries, Public Local Inquiries (PLIs), and Examinations in Public<\/p>\n

          (EIPs). All are held in the presence of an Inspector from the Department of<\/p>\n

          the Environment, who makes the final decisions on the issues involved: it may<\/p>\n

          take weeks or even months for decisions to be published. All inquiries are public,<\/p>\n

          and anyone is allowed in to watch and listen to proceedings.<\/p>\n

           <\/p>\n

           <\/p>\n

          8.2. Planning Inquiries<\/p>\n

           <\/p>\n

          8.2.1 If a developer appeals against the refusal of a Planning Application,<\/p>\n

          or in the exceptional circumstances that the Secretary of State calls in an<\/p>\n

          application, then a Planning Inquiry will be held. This can take one of three<\/p>\n

          forms – Written Representation<\/strong>, where the Inspector will base their decision<\/p>\n

          on written submissions only; an Informal Hearing<\/strong>, which takes the form<\/p>\n

          of a round table discussion; or a formal Public Inquiry<\/strong>. Of these, only<\/p>\n

          the Public Inquiry is adversarial: that is to say, the various sides are able<\/p>\n

          to employ advocates to guide the presentation of their cases and to cross-examine<\/p>\n

          witnesses.<\/p>\n

          8.2.2 If you originally objected to the Planning Application, you will be informed<\/p>\n

          if an Inquiry is called; you will have the right to appear and to present your<\/p>\n

          case if you wish. However, a Public Inquiry can be a daunting experience: big<\/p>\n

          developers can afford to employ experienced barristers (even QCs!) to try and<\/p>\n

          pull your case to pieces.<\/p>\n

           <\/p>\n

          Be prepared!<\/p>\n

           <\/p>\n

          If you are going to give evidence to an Inquiry, make sure you<\/p>\n

          understand your case, and know how you will present it. If you are giving evidence<\/p>\n

          at a Planning Inquiry, you may find yourself being cross-examined by a barrister,<\/p>\n

          so you will need to fully understand the basis of your case and<\/em> to keep<\/p>\n

          a cool head. A good way to prepare is to go through a mock cross-examination,<\/p>\n

          and allow someone to try and pull your arguments to pieces: this will help to<\/p>\n

          identify the weaknesses in your case.<\/p>\n

           <\/p>\n

          8.2.3 So it is a very good idea to get together with all the other objectors<\/p>\n

          (in nearly every case, this will include the LPA, who will have experience of<\/p>\n

          other inquiries) to discuss your tactics and approach. You do not have to employ<\/p>\n

          an advocate, but you will find it helpful unless you are confident about your<\/p>\n

          ability to cross-examine other witnesses; the advocate does not need to be a<\/p>\n

          barrister. If you do use an advocate, then it is best to arrange to share them<\/p>\n

          with other objectors: this not only ensures a coherent case, but splits the<\/p>\n

          cost – remember, there is no financial assistance for objectors, and you will<\/p>\n

          have to raise all the money you need to fight your case.<\/p>\n

          8.2.4 A final important point: Public Inquiries are not<\/em> courts of law,<\/p>\n

          no matter how the advocates behave. Inspectors are concerned that all relevant<\/p>\n

          points are brought out and are not necessarily impressed by a barrister’s flashy<\/p>\n

          wordplay. They will make allowances for inexperience, and you should ask them<\/p>\n

          to explain or clarify anything which you do not understand.<\/p>\n

           <\/p>\n

           <\/p>\n

          8.3. Public Local Inquiries (PLIs)<\/p>\n

           <\/p>\n

          8.3.1 These Inquiries are held at the final stage of the preparation of a Local<\/p>\n

          Plan. They are adversarial, and objectors may employ advocates.<\/p>\n

          8.3.2 All objectors have the right to appear at the PLI. However, Inspectors<\/p>\n

          are not so keen to listen to lots of witnesses giving support for policies.<\/p>\n

          So, if you do wish to give your support to some aspects of the Local Plan, be<\/p>\n

          sure to make clear, written comments during the plan’s deposit stage.<\/p>\n

          8.3.3 Because PLIs tend to be long and complex, a Programme Officer is appointed<\/p>\n

          to provide administrative support, keep a library of documents, and arrange<\/p>\n

          the programme (ie who appears when) for the Inquiry. Stay in touch with them<\/p>\n

          to keep tabs on what is going on.<\/p>\n

          8.3.4 Even if you are not appearing, your attendance at the Inquiry may be<\/p>\n

          useful. If a crowd of you is attending to show support for a particular objector<\/p>\n

          or group of objectors, then let their advocate know, so that your interest can<\/p>\n

          be pointed out to the Inspector.<\/p>\n

           <\/p>\n

           <\/p>\n

          8.4. Examinations in Public (EIPs)<\/p>\n

           <\/p>\n

          8.4.1 The EIP is the final stage of the preparation of a Structure Plan. They<\/p>\n

          are round-table discussions, and are not adversarial. You can only appear if<\/p>\n

          you are invited to do so, and even then you will not get long to speak, so your<\/p>\n

          original written submission is very important.<\/p>\n

           <\/p>\n

           <\/p>\n

           <\/p>\n

          Legal alternatives . . .<\/p>\n

           <\/p>\n

          A good environmental lawyer or barrister may prove a very<\/p>\n

          valuable asset in fighting a case. For instance, ELMS (the Environmental Legal<\/p>\n

          and Mediation Service), in preparing a case against a development in Newcastle,<\/p>\n

          discovered the doctrine of Legitimate Expectations, which is part of<\/p>\n

          Administrative Law. The doctrine states that a person or a group may have a<\/p>\n

          legitimate expectation of being treated in a certain way by an administrative<\/p>\n

          authority, even if they have no particular legal right to be treated in this<\/p>\n

          way. Such expectation may arise from a representation (either real or implied)<\/p>\n

          made by a Local Authority, or from consistent past practice. ELMS has taken this<\/p>\n

          to imply that where an authority has maintained an area of public open space for<\/p>\n

          many years, the public has a legitimate expectation that the area will remain as<\/p>\n

          public open space and that the Local Authority will not allow it to be built on.<\/p>\n

          In law, the Local Authority cannot act to defeat a legitimate expectation, and,<\/p>\n

          if it proposes to act so as to defeat a legitimate expectation, it must allow<\/p>\n

          all those affected to make representations on the matter. It is worth noting<\/p>\n

          that ELMS\u2019s assumptions have yet to be tested in the courts.<\/p>\n

           <\/p>\n

          Judicial Review<\/p>\n

           <\/p>\n

          Judicial reviews are often in the news, and campaign groups<\/p>\n

          often seek judicial reviews of planning decisions. Judicial review can only be<\/p>\n

          sought where there are good grounds to believe that a planning authority or an<\/p>\n

          Inspector has not properly carried out their full legal duty in coming to a<\/p>\n

          decision on a planning matter. It is then up a to a judge to decide whether or<\/p>\n

          not the law has been correctly interpreted and followed. Do not even<\/p>\n

          think<\/em> about seeking a judicial review without consulting a<\/p>\n

          lawyer.<\/p>\n

           <\/p>\n

           <\/p>\n

           <\/p>\n

           <\/p>\n

           <\/p>\n

           <\/p>\n

          9. Outside the System
          \n<\/span><\/p>\n

           <\/p>\n

           <\/p>\n

           <\/p>\n

          9.1 A large number of developments manage to avoid planning control completely.<\/p>\n

          The General Development Order<\/strong> (GDO) gives automatic permission to a whole<\/p>\n

          range of developments, from small house extensions to certain developments by<\/p>\n

          Local Authorities. Farming and forestry are both exempt, and yet they create<\/p>\n

          the most profound changes in our landscape – changes that may turn out to be<\/p>\n

          irreversible.<\/p>\n

          9.2 The GDO even influences the shape of village communities. For example,<\/p>\n

          converting a pub to offices does not require Planning Permission; converting<\/p>\n

          offices to a pub does.<\/p>\n

          9.3 The military is exempt from any planning control – they have Crown Immunity<\/strong><\/p>\n

          – for any development which is considered to be in the national defence interest.<\/p>\n

          They do have to consult with the LPA, but they can ignore any advice given.<\/p>\n

          9.4 Permitted Development Rights<\/strong> are also held by the so-called ‘statutory<\/p>\n

          undertakers’ – the suppliers of gas, electricity, telecommunications, water,<\/p>\n

          and sewage services. They can carry out any work directly related to providing<\/p>\n

          the services concerned, despite the fact that they are now all profit-making<\/p>\n

          industries. This includes the laying of cable TV and the erection of aerials<\/p>\n

          for mobile phone systems, which are both outside planning control.<\/p>\n

          9.5 The ultimate way out of the system is reserved for major development schemes<\/p>\n

          which the government wishes to promote. In these cases, permission may be granted<\/p>\n

          by passing an Act of Parliament<\/strong>. The channel tunnel is the result of<\/p>\n

          an Act of Parliament, and its associated rail-link will be too. Interestingly,<\/p>\n

          highways interests have petitioned for extra measures to be included within<\/p>\n

          the rail-link bill – these include the widening of the M2 motorway, and new<\/p>\n

          dual carriageway highways – creating a ‘hybrid’ bill which would grant permission<\/p>\n

          for a number of essentially unrelated developments. In a case like this, write<\/p>\n

          to your MP, the LPA and the County Council – local authorities do have an input<\/p>\n

          into parliamentary business.<\/p>\n

           <\/p>\n

           <\/p>\n

           <\/p>\n

           <\/p>\n

           <\/p>\n

          10. Fighting an Application – a case study
          \n<\/span><\/p>\n

           <\/p>\n

           <\/p>\n

           <\/p>\n

          10.1 The Slad Valley is a corridor of open, green space which reaches deep<\/p>\n

          into the town of Stroud from the surrounding countryside. The valley is lined<\/p>\n

          by pasture land and is often walked by local people; it is protected in the<\/p>\n

          district’s Local Plan as an area of special landscape merit.<\/p>\n

          10.2 An application to build ninety houses on about 10 acres of the open land<\/p>\n

          in the valley was made by a local building firm in early 1995. This was turned<\/p>\n

          down by the LPA at a meeting in June of that year, because, they said, the development<\/p>\n

          would be harmful to the open landscape of the area, was not compatible with<\/p>\n

          the character of the built and natural environment, and would set a precedent<\/p>\n

          for further building in the valley.<\/p>\n

          10.3 In August, the developer lodged an appeal against the decision. This was<\/p>\n

          largely based on challenging the housing allocation in the Local Plan, which<\/p>\n

          was at that time only in draft form.<\/p>\n

          10.4 The Slad Valley Action Group (SVAG) was set up as a community-based group<\/p>\n

          to fight the appeal, following a public meeting called by the LPA, which opposed<\/p>\n

          the development. The group kept close links with the LPA during the campaign,<\/p>\n

          while remaining a separate and self-running group.<\/p>\n

          10.5 SVAG was only made up of a small number of local residents, plus one local<\/p>\n

          councillor, but this did not stop them from running a very strong campaign.<\/p>\n

          They realised that they needed to do two things: to raise public interest and<\/p>\n

          encourage more people to object to the scheme; and to get together enough money<\/p>\n

          to run the campaign and pay an advocate to represent them at the appeal.<\/p>\n

          10.6 What they did:<\/p>\n

           <\/p>\n

           <\/p>\n

          \u00b7<\/span> Produce a leaflet about the campaign, and asking<\/p>\n

          for help and donations, and for people to write objecting to the application<\/p>\n

          – it’s worth remembering that an Inspector sees every letter sent in, and<\/p>\n

          a pile of a hundred letters is more impressive than a petition with a hundred<\/p>\n

          names;<\/p>\n

          \u00b7<\/span> Drew up a giant-sized letter opposing the development,<\/p>\n

          which they took around the town and got people to sign: they got over a<\/p>\n

          thousand signatures;<\/p>\n

          \u00b7<\/span> Sent letters and press releases to the local<\/p>\n

          press – local papers are always looking for good stories to fill space;<\/p>\n

          \u00b7<\/span> Held a benefit concert;<\/p>\n

          \u00b7<\/span> Organised a photographic exhibition;<\/p>\n

          \u00b7<\/span> Applied for a grant from the Rural Action scheme<\/p>\n

          to pay for a landscape appraisal and public consultation which they could<\/p>\n

          use in evidence to the Inquiry: they got \u00a31500;<\/p>\n

          \u00b7<\/span> Commissioned the County Council to carry out<\/p>\n

          a traffic survey;<\/p>\n

          \u00b7<\/span> Held workshops for people speaking at the Public<\/p>\n

          Inquiry, to improve presentation and co-ordinate what was to be said.<\/p>\n

           <\/p>\n

           <\/p>\n

          10.7 It was not all plain sailing, and they learnt a number of important points:<\/p>\n

           <\/p>\n

           <\/p>\n

          \u00b7<\/span> Not everybody gets involved with a community<\/p>\n

          group for the same reason. It is important that the group has a good facilitator\/chair<\/p>\n

          who can get the best out of each member;<\/p>\n

          \u00b7<\/span> You will need people with a range of skills,<\/p>\n

          and it helps to assign a different role to each person; SVAG found that<\/p>\n

          public relations skills were essential;<\/p>\n

          \u00b7<\/span> It is important to involve a cross-section of<\/p>\n

          the community, so that your campaign is representative of local feelings.<\/p>\n

          A developer may challenge your objections by claiming that your group is<\/p>\n

          not representative: you can counter this by making sure that a large number<\/p>\n

          of people (maybe as many as 100-200) see your written proof of evidence,<\/p>\n

          and sign a statement to say that they support it;<\/p>\n

          \u00b7<\/span> Don’t be a control freak! If other groups are<\/p>\n

          running events and campaigns alongside you, then be aware of it and let<\/p>\n

          it happen. Remember that your campaign can be as much about community development<\/p>\n

          as about anything else;<\/p>\n

          \u00b7<\/span> If you employ an advocate or a planning advisor,<\/p>\n

          bring them in as early as possible, so that they can get to know the group,<\/p>\n

          and so that you can be sure that they can work effectively with a community<\/p>\n

          group;<\/p>\n

          \u00b7<\/span> Get in touch with other local environmental<\/p>\n

          organisations. SVAG were helped by the local Ramblers’ Association, who<\/p>\n

          checked to see how the development would affect the view from nearby footpaths.<\/p>\n

           <\/p>\n

           <\/p>\n

          10.8 So strong was the SVAG campaign that the developers withdrew their application<\/p>\n

          before the Inquiry had started.<\/p>\n

           <\/p>\n

           <\/p>\n

           <\/p>\n

          11. Problems with the Planning System
          \n<\/span><\/p>\n

           <\/p>\n

           <\/p>\n

           <\/p>\n

          11.1 The Town and Country Planning System is a powerful tool, which can be,<\/p>\n

          and often is, used to benefit communities and the environment. In particular,<\/p>\n

          the new presumption in favour of Local Plan policies provides opportunities<\/p>\n

          for more enlightened local authorities to encourage sensitive development and<\/p>\n

          discourage predatory development, and to involve local people very closely in<\/p>\n

          how this is done.<\/p>\n

          11.2 Conversely, the weaknesses in the current system are substantial. The<\/p>\n

          Government’s view is that the Planning System should generally not stifle or<\/p>\n

          inhibit change and development, and this is reflected in planning legislation<\/p>\n

          and guidelines. There is a clear imbalance between the rights and freedoms of<\/p>\n

          individuals or commercial organisations and the rights and freedoms of the community:<\/p>\n

          in case of doubt, it’s the individual or commercial interest that gets the nod,<\/p>\n

          and the community has to put up with it.<\/p>\n

          11.3 This is absolutely clear in the Planning System’s in-built presumption<\/p>\n

          in favour of development. A developer does not have to show that a development<\/p>\n

          is necessary or useful or appropriate. Instead, it is down to the Local Planning<\/p>\n

          Authority to provide material reasons why the development should not go ahead.<\/p>\n

          If the authority cannot do this, then the development can proceed. If the development<\/p>\n

          is turned down, the developer can appeal against the decision, and their appeal<\/p>\n

          must<\/em> be heard. Where a development is given permission, no right of appeal<\/p>\n

          exists for objectors.<\/p>\n

          11.4 The balance could be shifted by turning around this basic presumption,<\/p>\n

          so that any development would automatically be refused unless it could be shown<\/p>\n

          to have a worth which clearly out-weighed any damage it might cause. This is<\/p>\n

          what is often referred to as the Precautionary Principle<\/strong>. Its adoption<\/p>\n

          would not stop development from happening, but would prevent change that did<\/p>\n

          not carry real community benefits. In addition, extending the right of appeal<\/p>\n

          to objectors as well as developers, and providing some financial assistance<\/p>\n

          to objectors, would make for a much more even-handed system than currently exists.<\/p>\n

          11.5 There is a certain emphasis on Zoning<\/strong> in our planning system –<\/p>\n

          providing separate areas for housing, industry, countryside, and so on. This<\/p>\n

          does provide protection for important countryside areas, and prevent polluting<\/p>\n

          industries being located next to people’s homes. However, it makes for a somewhat<\/p>\n

          rigid system where the towns are compact and crowded while the countryside is<\/p>\n

          virtually uninhabited (the metropolitan Greenbelts are the ultimate example<\/p>\n

          of this), and where people have to travel long distances to shops or to the<\/p>\n

          places where they work.<\/p>\n

           <\/p>\n

          11.6 Zoning could be relaxed if LPAs imposed tighter Planning Conditions or<\/p>\n

          used Planning Agreements to control the types of industrial, retail or housing<\/p>\n

          developments which are permitted, or if the overall sustainability of a development<\/p>\n

          could be used as a Material Consideration (currently, things like the internal<\/p>\n

          design of buildings are not considered land-use issues). This would make for<\/p>\n

          a more flexible system, and more intimate, self-contained, and ultimately more<\/p>\n

          sustainable, communities.<\/p>\n

          11.7 Sitting alongside Zoning is the problem of areas being ‘opened up’ by<\/p>\n

          a development. In the Slad Valley case (see above), the objectors argued that<\/p>\n

          the new housing would ‘open up’ the rest of the valley for further development.<\/p>\n

          It is indeed often the case that a block of open space will be regarded as sacrosanct<\/p>\n

          until part of it is developed; then it’s considered that the whole block has<\/p>\n

          been spoiled, and might as well be built on. New roads are regularly a cause<\/p>\n

          of the opening up of previously undeveloped land, spawning new business parks<\/p>\n

          and superstores; the gap between the town boundary and a new bypass is generally<\/p>\n

          quickly filled in with new houses.<\/p>\n

           <\/p>\n

          Problems with Northern Ireland<\/p>\n

           <\/p>\n

          Not only does DoE NI not follow the open and clearly accountable<\/p>\n

          plan-led system of the rest of Britain, and not make its planning guidance documents<\/p>\n

          available to the public, but it is also under no statutory obligation to take<\/p>\n

          sustainability into account when making planning decisions. A review of planning<\/p>\n

          procedures in Northern Ireland is rumoured to be underway; there is a clear<\/p>\n

          case to make for bringing them into line with the rest of the UK.<\/p>\n

           <\/p>\n

           <\/p>\n

          11.8 The problems of Zoning and of ‘opening up’ illustrate planning’s most<\/p>\n

          intractable problem: in the end, it is under the control of central government.<\/p>\n

          The LPA may wish to impose tight planning conditions upon a developer, but the<\/p>\n

          developer can appeal against them – in which case, it is a DoE Inspector who<\/p>\n

          makes the final decision. Likewise, it is a DoE Inspector who will say ultimately<\/p>\n

          whether a piece of land has been ‘opened up’ by a previous development: hence<\/p>\n

          you will hear planners discussing whether an area of open space is ‘defensible’<\/p>\n

          – that is, can they prevent it being built on, even if they want to?<\/p>\n

          11.9 To really make a change, there needs to be increased devolution of power<\/p>\n

          away from central government to local government. Local authorities in turn<\/p>\n

          need to put a lot more effort into informing and involving the communities they<\/p>\n

          serve. The Local Agenda 21<\/strong> projects which local authorities are undertaking<\/p>\n

          go at least some way towards this, and it is likely that we will see significant<\/p>\n

          changes in decision-making as communities learn how to effectively use their<\/p>\n

          power and put their views across, and local authorities learn how to listen<\/p>\n

          and respond.<\/p>\n

           <\/p>\n

           <\/p>\n

           <\/p>\n

          12. Sources of advice<\/p>\n

           <\/p>\n

           <\/p>\n

          Ask your local Planning Officers <\/strong>first – even if you find that the<\/p>\n

          system is against you, they may be able to give some very useful advice. It will<\/p>\n

          always help to keep on good terms with them, anyway – it’s amazing how much more<\/p>\n

          co-operative local government officers become if you’re nice<\/em> to them.<\/p>\n

          Talk to your local councillor<\/strong>(s) and\/or county councillor<\/strong>(s) –<\/p>\n

          they are your elected representatives, and ought<\/em> to know what’s going<\/p>\n

          on.<\/p>\n

          Your<\/strong> LPA<\/strong> may have leaflets which provide info on Planning<\/p>\n

          Applications, Local Plans, and so on. The DoE and Welsh Office produce a range<\/p>\n

          of leaflets on different aspects of the planning system, so it may be worth<\/p>\n

          looking them up in your local phone book.<\/p>\n

          Copies of Acts of Parliament<\/strong> (including the various Town and Country<\/p>\n

          Planning Acts) and Planning Policy Guidance Notes<\/strong> are available from HMSO<\/p>\n

          Bookshop, 49 High Holborn, London WC1V 6HB Tel 0171 873 0011. Your local<\/p>\n

          bookshop should also be able to order them for you, and central libraries should<\/p>\n

          have copies.<\/p>\n

          In addition, the Council for the Protection of Rural England (CPRE) have<\/p>\n

          produced a Campaigners’ Guide to Local Plans<\/strong>, which is very detailed at<\/p>\n

          107 pages and costs \u00a310. Together with the Campaign for the Protection of Rural<\/p>\n

          Wales (CPRW)\/Ymgyrch Diogelu Cymru Wledig (YDCW), they have also produced an<\/p>\n

          Index of Planning Policy Guidance Notes <\/strong>which tells you exactly where to<\/p>\n

          go for the national planning policy on almost any subject; it costs \u00a33. Also<\/p>\n

          available from CPRE, the Campaigners’ Guide to Minerals<\/strong> – how to<\/p>\n

          influence planning decisions on mineral extraction and campaign to reduce the<\/p>\n

          impact of quarrying: cost \u00a310. A very useful checklist, Responding to <\/strong><\/p>\n

          Planning Applications, is available free from CPRE (send an SAE) and should<\/p>\n

          also be available on their website. CPRE, Warwick House, 25 Buckingham Palace<\/p>\n

          Road, London SW1W 0PP Tel 0171 976 6433. CPRW\/YDCW, Ty Gwyn, 31 High Street,<\/p>\n

          Welshpool, Powys SY21 7JP Tel 01938 552525. E-mail cpre@gn.apc.org website<\/p>\n

          http:\/\/www.greenchannel.com\/cpre<\/p>\n

          English Nature, the government’s conservation advisors, can provide guidance<\/p>\n

          on wildlife law<\/strong> and other conservation issues, although they notoriously<\/p>\n

          conservative (at least as a body), being under constant threat of budget cuts.<\/p>\n

          Publications include a guide to the preparation of Environmental <\/strong><\/p>\n

          Assessments, available from the Enquiry Service at English Nature,<\/p>\n

          Peterborough PE1 1UA, Tel. 01733 340345. You can also phone them to find your<\/p>\n

          regional office.<\/p>\n

          The RSPB has a report, Natural Conditions<\/strong>, on the use of Planning<\/p>\n

          Conditions for wildlife protection. Cost \u00a39 from RSPB, The Lodge, Sandy,<\/p>\n

          Bedfordshire SG19 2DL.<\/p>\n

          The Royal Town Planning Institute has a ‘Planning Aid’<\/strong> service which<\/p>\n

          aims to provide free advice to individuals or groups who cannot afford to employ<\/p>\n

          a professional consultant. The service is run by volunteers, and is regionally<\/p>\n

          based: to find your nearest contact, write to The Administrative Officer, RTPI<\/p>\n

          Services Ltd, 26 Portland Place, London W1N 4BE or phone the RTPI on 0171 636<\/p>\n

          9107.<\/p>\n

          The Environmental Legal and Mediation Service<\/strong> (ELMS) is a registered<\/p>\n

          charity which can provide free legal advice and representation to local groups<\/p>\n

          in cases concerned with the preservation of the natural or built environment.<\/p>\n

          They are also developing the use of mediation in planning disputes, and can<\/p>\n

          provide speakers on planning and environmental law and procedure. Contact ELMS,<\/p>\n

          Temple Chambers, 3-7 Temple Avenue, London EC4Y 0DB Tel 0171 583 8844 Fax 0181<\/p>\n

          355 9896.<\/p>\n

          To find a professional consultant<\/strong>, contact your local planning<\/p>\n

          department or Citizens’ Advice Bureau and ask for a list of Chartered Town<\/p>\n

          Planners.<\/p>\n

           <\/p>\n

           <\/p>\n

          Other useful publications<\/p>\n

          Basic Law for Road Protesters,<\/strong> by Dr Peter Gray, contains information on<\/p>\n

          fighting road proposals, and goes in detail through the legislation that will<\/p>\n

          affect you if taking direct action. Available on Peter\u2019s website at<\/p>\n

          http:\/\/www.gn.apc.org\/pgray<\/p>\n

          Understanding the Development Jigsaw,<\/strong> by Wendy Le-Las, looks at the whole<\/p>\n

          Planning process, and shows how to make a winning case against unwanted<\/p>\n

          development. Cost \u00a325.95 from Vine House Distribution, Waldenbury, North Common,<\/p>\n

          Chailey, East Sussex BN8 4DR Tel 01825 723398 (cheques payable to \u2018Vine House<\/p>\n

          Distribution\u2019).<\/p>\n

          The Land is Ours<\/strong> has produced a number of publications on planning<\/p>\n

          issues:<\/p>\n

           <\/p>\n

          \u00b7<\/span> Charter for the Countryside – \u00a31<\/p>\n

          \u00b7<\/span> Pure Genius Planning Application for Ecovillage -\u00a32<\/p>\n

           <\/p>\n