Transcript 5Draft Parish Forum Presentation - Feb 2015

Rushcliffe Borough Council
Development Management
Process
Changes to Planning Legislation
Andrew Pegram
Service Manager, Communities
February 2015
Rushcliffe
Parish Forum
February 2015
Aim of today’s session
• Focus of session will be on:
- the role of the planning system
- changes in the world of planning
• Shale Gas exploration/extraction
-
what is it?
role of the Borough Council?
• Improving access to the service
- new online systems
- Parish/Town Council Cluster Sessions
Rushcliffe
Parish Forum
February 2015
The basics?
The role of the planning system is to regulate “development”, defined by
Section 55 of the Town and Country Planning Act 1990 as:
“Any building, mining, engineering or other operation in, on or under land
and any material change of use”
Development may only be carried out with appropriate planning permission:
granted by the Local Planning Authority; or
under permitted rights
Rushcliffe
Parish Forum
February 2015
The basics?
Other forms of development/related applications:
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advertisement consent
special consents for Listed Buildings
demolition of buildings
works to trees (protected by Tree Preservation Order or
within a Conservation Area)
• telecommunications masts
• prior approval submissions
• section 106B applications
Rushcliffe
Parish Forum
February 2015
Recent changes in the world of planning
•
National Planning Policy Framework – Published March 2012
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‘Presumption in favour of sustainable development’
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‘Proactively drive and support sustainable economic development to
deliver the homes, business and industrial units, infrastructure and
thriving local places that the country needs’.
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‘The Government is committed to ensuring that the planning system
does everything it can to support sustainable economic growth’.
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‘Local planning authorities should look for solutions rather than
problems…… Local planning authorities should work proactively
with applicants to secure developments that improve the economic,
social and environmental conditions of the area’.
Rushcliffe
Parish Forum
February 2015
Recent changes in the world of planning
•
Enterprise and Regulatory Reform Act 2013
•
Obligatory Pre-Application Consultation on Wind Turbine
Development – 17 December 2013
•
National Planning Practice Guidance – Published March 2014
•
Pre-application discussions and managing applications for large scale
development – Development Management approach
Rushcliffe
Parish Forum
February 2015
Recent changes in the world of planning
Changes to the Town and Country Planning (General Permitted Development)
Order 1995
• Town and Country Planning (General Permitted Development) (Amendment)
(England) Order 2012 – 6 April 2012
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Introduced permitted development rights for installation of nondomestic microgeneration equipment – 6 April 2012
• The Town and Country Planning (General Permitted Development)
(Amendment) (No. 2) (England) Order 2012 – 1 October 2012
- Creation of flats in a mixed use building
Rushcliffe
Parish Forum
February 2015
Recent changes in the world of planning
•
Changes to the Town and Country Planning (General Permitted
Development) (Amendment) (England) Order 2013 – 30 May 2013
-
Amendments to permitted development rights for ‘rear’ extensions to
dwellings
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Change of use of offices to dwellinghouses
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Change of use of a building and land within its curtilage to a state-funded
school
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Change of use of agricultural buildings to shops, offices (finacial and
professional services and business), restaurants and cafes, storage and
distribution, hotels or assembly and leisure uses
(all of above are subject to a prior approval process)
Rushcliffe
Parish Forum
February 2015
Rushcliffe
Parish Forum
February 2015
Rushcliffe
Parish Forum
February 2015
Recent changes in the world of planning
Town and Country Planning (General Permitted Development)
(Amendment) (England) Order 2013 – 30 May 2013
-
Use of a building and any land within its curtilage as a state-funded
school
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Changes of use of premises for commercial purposes, e.g. shops,
offices and restaurants/cafes
Rushcliffe
Parish Forum
February 2015
Recent changes in the world of planning
Class M – (came in to force 30 May 2013) Change of use of
agricultural building and land within its curtilage to:
•
•
•
•
•
•
Shop (Class A1)
Financial and Professional Services (Class A2)
Restaurants and cafes (Class A3)
Storage or distribution (Class B8)
Hotels (Class C1)
Assembly and leisure (Class D2)
Rushcliffe
Parish Forum
February 2015
Conditions of Class M Permitted Development
Where cumulative floor space of the building or buildings changed
use within an original agricultural unit does not exceed 150 square
metres, the Local Planning Authority must be provided with the
following information:
• The date when the use of the site for any of the flexible uses
started;
• The nature of the use or uses; and
• A plan showing the site and which building(s) have changed use
Rushcliffe
Parish Forum
February 2015
Conditions of Class M Permitted Development
Where cumulative floor space of the building or buildings changed
use within an original agricultural unit exceeds 150 square metres
and does not exceed 500 square metres, an application must be
submitted to the Local Planning Authority for a determination as to
whether the prior approval of the authority will be required.
Issues considered will include transport and highways impacts, noise,
contamination and flood risks.
Rushcliffe
Parish Forum
February 2015
Recent changes in the world of planning
Town and Country Planning (General Permitted Development)
(Amendment and Consequential Provisions) (England) Order 2014 – 6
April 2014
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Change of use from a shop to a deposit taker
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Change of use of shops and offices to a dwellinghouse
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Change of use of an agricultural building to a state-funded school or
regsitered nursery (subject to an application for prior approval)
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Change of use of an agricultural building to a dwellinghouse (subject
to an application for prior approval)
Rushcliffe
Parish Forum
February 2015
Recent changes in the world of planning
Class MA – (came into force on 6 April 2014) Change of use of an
agricultural building and land within its curtilage to use as a state funded
school or a registered nursery.
Subject to certain conditions including a requirement that an application
must be submitted to the Local Planning Authority for a determination as
to whether the prior approval of the authority will be required.
Issues considered will include transport and highways impacts, noise,
contamination and flood risk and whether the location or siting of the
building is appropriate for the use.
Rushcliffe
Parish Forum
February 2015
Recent changes in the world of planning
Class MB – (came into force on 6 April 2014) Change of use of an
agricultural building and land within its curtilage to a dwellinghouse; and
building operations reasonably necessary to convert the building to a
use as a dwellinghouse.
Subject to certain conditions including a requirement that an application
must be submitted to the Local Planning Authority for a determination as
to whether the prior approval of the authority will be required.
Issues considered will include transport and highways impacts, noise,
contamination and flood risk and whether the location or siting of the
building is appropriate for the use.
Rushcliffe
Parish Forum
February 2015
Rushcliffe
Parish Forum
February 2015
Rushcliffe
Parish Forum
February 2015
Rushcliffe
Parish Forum
February 2015
What is the
difference
between
different types
of gas
resource?
Rushcliffe
Parish Forum
February 2015
What is involved with
Shale Gas extraction?
Rushcliffe
Parish Forum
February 2015
Shale gas extraction
explained
Rushcliffe
Parish Forum
February 2015
Where are the Shale
Gas reserves in
Rushcliffe?
Rushcliffe
Parish Forum
February 2015
Shale Gas Exploration and Extraction - Consent Regime
Planning Applications for extraction of minerals (including
Shale Gas) are determined by the County Council
District/Borough Councils are consulted on such
applications
License required – issued by Department for Energy and
Climate Change
Abstraction license may be required from the Environment
Agency. EA may also require Environmental Permit at
exploration stage.
Rushcliffe
Parish Forum
February 2015
Planning
Online –
New online
planning
portal went
live October
2014
Rushcliffe
Parish Forum
February 2015
Enhanced facilities –
including advanced
search facility. Can
search using range of
criteria including:
• Reference Number
• Keyword in description
• Application type
• Address
• Activity in a given date
range
Rushcliffe
Parish Forum
February 2015
Also a map search
function available
Rushcliffe
Parish Forum
February 2015
Ability to
measure
on screen
Rushcliffe
Parish Forum
February 2015
Coming
Soon
Consultee
Access
Rushcliffe
Parish Forum
February 2015
Consultee
Access
Rushcliffe
Parish Forum
February 2015
Consultee
Access
Rushcliffe
Parish Forum
February 2015
Consultee
Access
Rushcliffe
Parish Forum
February 2015
Information, help and advice is available in a number of ways:
On the Rushcliffe Borough Council website at
www.rushcliffe.gov.uk/planningandbuilding/
Duty Officer
By phone: 0115 981 9911
Send an e-mail to [email protected]
Other useful websites
www.planningportal.gov.uk
www.communities.gov.uk
Parish/Town Council Cluster Sessions?
Rushcliffe
Parish Forum
February 2015