How to Effectively Force a Council to Repeat the Public Consultation on a Local Development Plan (LDP)

To effectively force a council to repeat the public consultation on a Local Development Plan (LDP) before and after the draft is published, you would need to engage with the process actively and understand the statutory requirements. Here are the key steps and considerations:

Steps to Request Repetition of Public Consultation


The public consultation process for local development plans is regulated by laws and guidelines, such as the Planning and Compulsory Purchase Act 2004 and the Localism Act 2011. These regulations outline the stages and requirements for public consultations.

  • Lack of Adequate Consultation: If the initial consultation did not reach a significant portion of the affected community or was not sufficiently publicised, this can be grounds for a repeated consultation.
  • New Significant Information: If new information or changes arise after the initial consultation, which could significantly affect the plan, a further consultation might be warranted.
  • Legal Non-Compliance: If the consultation process did not comply with legal requirements or procedural rules, you can argue for its repetition.
  • Provide Feedback: Submit detailed feedback during consultation periods, highlighting any deficiencies in the process or new information that justifies another round of consultation.
  • Organise Community Support: Mobilize local residents and community groups to submit similar feedback, emphasising the need for adequate and comprehensive consultation.
  • Write to the Council: Formally request the council to repeat the consultation, providing clear reasons and supporting evidence.

  • Petition the Council: Organise a petition among local residents to show widespread support for repeating the consultation.

  • Legal Challenge: If necessary, consider a legal challenge through judicial review, arguing that the consultation process was flawed or inadequate.

Material Considerations


Public Involvement: Ensuring that all stakeholders, especially those directly affected, have a fair opportunity to participate in the consultation.

Transparency and Adequacy: The consultation must be transparent, adequately publicized, and provide sufficient information for informed feedback.

Compliance with National Policies: The consultation must align with national planning policies and guidelines, ensuring a fair and inclusive process.



To count towards the proven Five Year Housing Land Supply, the planning approval must refer to land that meets certain criteria

Here are the key points to consider


  • The land must be deliverable within the five-year period. This means that there should be a realistic prospect that housing will be delivered on the site within this timeframe.
  • Evidence of deliverability might include site assessments, planning status, and infrastructure availability.
Infrastructure:

While the exact requirements can vary, generally, for a site to be considered deliverable, it should have access to essential infrastructure, or there should be a clear and feasible plan for providing it.

This includes:

- Access Roads: There should be suitable access to the site for construction and future residents. If an access road is not already in place, there should be a clear plan and commitment to building one.

- Utilities (Media): The site should have, or be capable of having, essential utilities such as water, electricity, gas, and sewage systems. If these services are not yet connected, there should be clear, feasible plans and commitments to provide them.

While the local planning authority ensures that sites included in the Proven Five Year Housing Land Supply are deliverable and have the potential for development, the actual provision of infrastructure such as roads and utilities is typically the responsibility of the developer, often secured through planning conditions or obligations.

To ensure that infrastructure is provided, local planning authorities can use planning obligations, also known as Section 106 agreements, to require developers to contribute to or directly provide necessary infrastructure as part of their planning permission. These agreements can stipulate that certain infrastructure must be in place before development can proceed or before any homes can be occupied.

  • The site must be suitable for housing development. This involves compliance with local planning policies and alignment with the broader strategic housing objectives.
  • Suitability also takes into account environmental constraints, access to amenities, and infrastructure capacity.
  • The land must be available for development now. There should be no legal or ownership barriers that would prevent development from commencing.
  • Availability may be demonstrated through landowner agreements or developer commitments.
  • The development on the site must be achievable within the five-year period. This includes financial viability and the likelihood of obtaining necessary planning permissions.
  • Achievability also considers market demand and the developer’s track record in delivering similar projects.
  • The proposal should support the objectives of the NPPF, such as promoting sustainable transport, high-quality design, and climate change mitigation.
  • The planning approval should consider the impact on the local community and environment. This includes preserving the character of the area, protecting green spaces, and mitigating adverse effects.
  • Public consultation and environmental assessments are critical components in evaluating these impacts.

Conclusion


For a planning approval to count towards the proven Five Year Housing Land Supply, it must demonstrate that the land is deliverable, suitable, available, achievable, and compliant with NPPF guidelines. Ensuring these criteria are met is essential for maintaining a robust and effective housing supply strategy that balances development needs with community and environmental considerations.




Objectives of Public Objections to Successfully Oppose a Development

When opposing a development, particularly one that is outside the settlement boundary, not included in the local development plan, or being pushed under Paragraph 11 of the National Planning Policy Framework (NPPF), it’s crucial to focus on specific objectives.

Development Outside the Settlement Boundary


Objective: Emphasise the importance of preserving the designated settlement boundaries to prevent urban sprawl and protect rural areas.

  • Highlight that the development contravenes established local policies that define and protect settlement boundaries.
  • Reference specific policies within the local development plan that aim to restrict development outside these boundaries to protect the character and integrity of the village.
  • Argue that the development will negatively impact the rural character of the area, leading to urban sprawl and loss of green spaces.
  • Provide evidence or examples of how similar developments have degraded rural environments.
  • Point out that existing infrastructure (roads, schools, healthcare facilities) is not equipped to handle additional development outside the settlement boundary.
  • Stress that such developments could lead to overburdened services and reduced quality of life for current residents.
  • Emphasise the potential environmental impacts, such as loss of wildlife habitats, increased flood risk, and pollution.
  • Use environmental assessments or local biodiversity records to support these claims.

Development Not Included in the Local Development Plan


Objective: Argue that the development should adhere to the current local development plan, which has been designed to meet community needs sustainably.

  • Argue that the development is not part of the strategic vision for the area as outlined in the local development plan.
  • Highlight how the local plan was created through a comprehensive process involving community input and expert analysis.
  • Warn that approving developments not included in the local plan sets a dangerous precedent, potentially leading to unplanned and unsustainable growth.
  • Reference other cases where deviations from the plan have led to negative outcomes.
  • Stress that the local development plan was created with significant community consultation, and any deviations undermine this democratic process.
  • Argue that bypassing the plan disregards the community’s expressed preferences and needs.
  • Highlight how the development may not align with the sustainability principles embedded in the local plan.
  • Provide specific examples of how the development could fail to meet sustainability criteria, such as energy efficiency, transportation links, or resource management.

Development Under Paragraph 11 (NPPF)


Objective: Demonstrate that the development is not sustainable or necessary, even under the presumption in favour of sustainable development.

  • Argue that the development does not meet the sustainability criteria outlined in the NPPF.
  • Provide evidence that the development will lead to negative environmental, social, or economic impacts.
  • Question the accuracy of the reported shortfall in the five-year housing supply. This shortfall’s exact accuracy dictates the benefit of the proposed development and its value in determining whether the adverse impact on the village outweighs it.
  • Reference reports or studies, including those submitted by the developer, that question or highlight discrepancies in the housing supply figures.
  • Emphasise that the adverse impacts of the development significantly and demonstrably outweigh the benefits.
  • Use detailed assessments to show potential harms to the local environment, infrastructure, and community.
  • Highlight any conflicts between the proposed development and specific policies within the NPPF.
  • Argue that even under Paragraph 11, the development should not proceed if it contravenes key NPPF policies, such as protecting the Green Belt, promoting sustainable transport, or preserving heritage assets.

Conclusion


Opposing a development effectively requires a strategic approach, focusing on clear, evidence-based objections tailored to the specific context:

  • Outside Settlement Boundary: Emphasise preservation of rural character, infrastructure strain, and environmental impact.
  • Not in Local Development Plan: Highlight lack of strategic planning, precedent setting, community consultation, and sustainability issues.
  • Under Paragraph 11: Argue unsustainable development, challenge housing supply claims, demonstrate adverse impacts, and highlight conflicts with NPPF policies, and question the accuracy of the reported shortfall in the five-year housing supply.


By addressing these objectives, you can build a compelling case against the proposed development.

A Relevant Case Where a Developer Initially Won Approval on the Basis of Paragraph 11 but Subsequently Lost in Court

A relevant case where a developer initially won approval on the basis of Paragraph 11 but subsequently lost in court is Gladman Developments Ltd v Secretary of State for Housing, Communities and Local Government [2020] EWHC 518 (Admin).


Case Summary


Gladman Developments Ltd appealed against the decision of the Secretary of State and local planning authorities, leveraging Paragraph 11 of the NPPF, which provides a presumption in favour of sustainable development. Gladman argued that the “tilted balance” should apply because the local authorities did not have a five-year supply of deliverable housing sites, rendering local policies out of date.

Court’s Decision


High Court Ruling: The High Court upheld the rejection of the applications despite the lack of a five-year housing supply. It ruled that development plan policies could still be considered under the tilted balance, and local plans’ policies should not be disregarded when applying Paragraph 11.

    Court of Appeal: The Court of Appeal confirmed this decision, emphasising that even when the tilted balance applies, it does not exclude development plan policies from consideration. The court found no error in the decision-making process of the Planning Inspector and the High Court, noting that they correctly applied both the NPPF and local development policies.

      Implications


      This case illustrates that the application of Paragraph 11 does not automatically guarantee approval if there are substantial adverse impacts or conflicts with existing development plans. The courts reinforced that environmental designations and other material considerations must still be weighed appropriately.

      HOW 2: Comment on a planning application #20240626

      YOU CAN DO IT


      by post

      EHDC Planning Services
      PO Box 310
      GU32 9HN Petersfield


      Remember to ALWAYS provide:

      1. Your full name, as anonymous comments will not be considered.
      2. The address of the plot of land that the planning application is about.
      3. The planning application reference number.


      Please Note:

      1. All comments you make will be available online through the council website, so only include information you are comfortable sharing publicly. Rest assured, the council will not publish your name.

      2. You must comment on a planning application within 21 days of it being registered, the deadline for each application is specified online. Unless there is a reason for an extension of the deadline, such as the EHDC portal being down.


      How to Ensure Your Comments are Taken Seriously


      Planning authorities are legally bound to consider only material planning considerations when making decisions on planning applications. These considerations include factors such as local and national planning policies, environmental impact, traffic and access, air and water quality, design and appearance, economic benefits, flood risk, heritage and conservation, infrastructure and service, land use, public opinion, sustainability and residential amenity.

      An objection grounded in these considerations is more likely to be taken seriously and have an impact on the decision-making process.

      When considering planning applications, councils should be focus on a range of material planning considerations.

      These factors can vary slightly depending on local regulations and policies, but generally include the following:

      Material Planning Considerations: Heritage and Conservation

      Heritage and Conservation considerations focus on the protection and enhancement of historic and culturally significant buildings, structures, landscapes, and areas. These considerations ensure that new developments respect and preserve the historical and architectural integrity of heritage assets while contributing to the area’s overall character and identity.

      Material Planning Considerations: Residential Amenity

      Residential Amenity refers to the overall quality of life and comfort experienced by residents in their homes and neighbourhoods. When evaluating planning applications, authorities consider how a proposed development will impact the living conditions of nearby residents and the general ambiance of the area.

      Material Planning Considerations: Design and Appearance

      Design and Appearance in the context of material planning considerations refer to the aesthetic, functional, and contextual attributes of a proposed development. These considerations ensure that new developments are visually appealing, functionally appropriate, and harmoniously integrated into the existing built and natural environment.

      Material Planning Considerations: Environmental Impact

      Environmental Impact refers to the effect that a proposed development may have on the natural environment. This consideration is crucial for ensuring that new developments do not adversely affect ecosystems, biodiversity, natural resources, and the overall quality of the environment.

      Material Planning Considerations: Traffic and Access

      Traffic and Access are critical factors in evaluating planning applications. These considerations focus on the impact a proposed development will have on the local transportation network, road safety, accessibility for all users, and the adequacy of infrastructure to support the development.

      When considering planning applications, councils typically exclude non-material planning considerations. These factors are not relevant to the decision-making process because they do not directly relate to land use and planning policies.

      Common non-material considerations include:

      1. Effect on Property Values: The impact of a development on the value of nearby properties is not considered a valid planning issue.
      2. Personal Circumstances: Individual personal circumstances of the applicant or neighbours, such as financial situations or specific health needs, are generally not taken into account.
      3. Private Disputes: Disputes between neighbours, such as boundary issues or personal disagreements, are not planning matters.
      4. Loss of a Private View: The impact on an individual’s private view from their property is not a material planning consideration.
      5. Commercial Competition: Concerns about new businesses competing with existing ones are not typically considered in planning decisions.
      6. Moral Objections: Objections based on personal beliefs or moral viewpoints, such as opposition to the type of business being proposed (e.g., betting shops, fast food outlets), are usually not taken into account.
      7. Construction Disturbances: Temporary inconveniences during the construction phase, such as noise, dust, and traffic disruptions, are not considered material planning issues.
      8. Covenants and Deeds: Private legal agreements, such as restrictive covenants in property deeds, are not planning matters.
      9. Speculative Developments: Concerns about future developments or changes that are not part of the current planning application are not relevant. While speculative future developments are not relevant on their own, the cumulative impact of already approved or pending applications should be considered to understand the broader environmental and community effects. Thus, assessing cumulative impact ensures all related developments are factored into the decision-making process.
      10. Economic Impact on Local Businesses: General concerns about the economic impact on local businesses, aside from land use considerations, are usually excluded.

      Understand what you are up against



      References


      Water Butts

      Water butts are large containers designed for collecting and storing rainwater, typically from the roof via downpipes. This stored water can then be used for various purposes, primarily in gardening and landscaping, to reduce the use of mains water.

      Key Features and Benefits


      • Water butts are connected to the downpipes of a building’s guttering system to collect rainwater runoff.
      • They come in various sizes and shapes, typically ranging from 100 to 300 litters, although larger ones are available.
      • The collected rainwater is primarily used for watering plants, lawns, and gardens.
      • It can also be used for cleaning purposes, such as washing cars or outdoor surfaces.
      • Reduces demand on mains water supply and helps lower water bills.
      • Using a water butt helps conserve water, especially during dry periods or droughts.
      • It contributes to sustainable water management practices.
      • Reduces the volume of runoff entering the drainage system, which can help prevent flooding and reduce the burden on sewer systems.

      Installation and Maintenance


      • Typically placed near the downpipe of a roof guttering system.
      • Often comes with a tap or spigot at the bottom for easy water access.
      • Can be connected to other water butts to increase storage capacity.
      • Regularly check for debris that might block the inlet.
      • Clean the interior occasionally to prevent algae and mosquito breeding.
      • Ensure that the lid is secure to keep out leaves and pests.

      Water butts are a practical and environmentally friendly way to conserve water, especially useful for gardeners and those looking to reduce their environmental footprint.

      Sources


      Defra Biodiversity Metric 3.0

      Defra Biodiversity Metric 3.0 is a tool developed by the UK Department for Environment, Food & Rural Affairs (Defra) and Natural England to measure and account for biodiversity losses and gains resulting from development or changes in land management. This metric is crucial for ensuring that new developments achieve Biodiversity Net Gain (BNG), meaning they leave the natural environment in a better state than before.

      Key Features and Usage


      • The metric helps assess the existing biodiversity value of a site before any development.
      • It quantifies the number of biodiversity units present in various habitat parcels within the site.
      • It evaluates the impact of development on biodiversity, calculating the expected losses and gains in biodiversity units.
      • This includes considering both on-site and off-site habitat creation or enhancement.
      • The metric incentivises creating and enhancing habitats where they are most needed to improve ecological networks.
      • It rewards early action by landowners who create or enhance habitats in advance.
      • Updated and simplified approaches are used to assess the condition of habitats, ensuring accurate valuation.
      • The tool allows professional ecologists to apply their judgment if the standard scores do not reflect the true value of a habitat parcel.
      • The metric is used throughout the planning and development process to ensure that biodiversity gains are considered and achieved.
      • It supports the legal requirement under the Environment Bill for developments to achieve at least a 10% net gain in biodiversity.

      Implementation and Benefits


      Developers use the metric to plan and demonstrate how their projects will achieve BNG, either through on-site improvements or off-site compensatory measures.

      Ecologists utilize the metric for accurate biodiversity assessments and to guide habitat management decisions.

      Local Planning Authorities ensure compliance with BNG requirements by incorporating the metric into their planning processes.

      By providing a standardised, transparent method for measuring biodiversity, the Defra Biodiversity Metric 3.0 plays a critical role in enhancing environmental sustainability in urban and rural development.

      Biodiversity Net Gain (BNG)

      Biodiversity Net Gain (BNG) is a principle and practice within environmental management and planning aimed at ensuring that development projects leave the natural environment in a measurably better state than it was before. This concept focuses on enhancing habitats and ecosystems, thereby increasing biodiversity rather than just mitigating harm.

      Key Components of Biodiversity Net Gain


      Baseline Assessment: Conducting an initial assessment to understand the existing biodiversity and ecological value of a site before development.

      Quantitative Metrics: Using standardized metrics to measure biodiversity losses and gains. In the UK, the Defra Biodiversity Metric 3.0 is often used for this purpose.

      On-site Measures: Enhancing existing habitats or creating new ones within the development site.

      Off-site Measures: Implementing biodiversity enhancement projects at different locations if on-site measures are insufficient.

      Management Plans: Developing and implementing long-term management and monitoring plans to ensure that biodiversity gains are sustained over time.

      Legal and Financial Mechanisms: Ensuring that legal agreements and financial arrangements are in place to support ongoing biodiversity management.

      Community and Expert Involvement: Engaging local communities, ecologists, and other stakeholders in the planning and implementation process to ensure the measures are appropriate and effective.

      Benefits of Biodiversity Net Gain


      Enhances habitats, supports species recovery, and increases ecosystem resilience.

      Can enhance property values, reduce regulatory risks, and provide marketing advantages for developers.

      Improves quality of life by creating green spaces and promoting well-being.

      Implementation in Policy


      Many countries are integrating BNG into their planning policies. For example, in the UK, the Environment Act 2021 mandates that new developments must deliver at least a 10% net gain in biodiversity, calculated using the Defra Biodiversity Metric 3.0.

      Sources


      Sustainable Drainage Systems (SuDS)

      Sustainable Drainage Systems (SuDS) are a collection of water management practices designed to mitigate the adverse effects of urban stormwater runoff and promote the natural water cycle. The primary objectives of SuDS are to manage surface water sustainably, enhance water quality, and provide amenity and biodiversity benefits.

      Key Components and Objectives of SuDS


      SuDS aim to manage surface water runoff close to where it falls and mimic natural drainage as closely as possible. This involves techniques such as infiltration, storage, and slow release of water to reduce flood risk.

      By filtering pollutants from runoff, SuDS help to improve the quality of water entering rivers, lakes, and other water bodies. This can be achieved through natural filtration processes involving vegetation and soil.

      SuDS can create attractive environments and habitats for wildlife. Features such as green roofs, ponds, wetlands, and swales can enhance the local environment, providing recreational spaces and supporting biodiversity.

      Common SuDS Techniques


      Allows water to infiltrate through the surface into the ground, reducing runoff.

      Vegetated roof systems that absorb rainwater, provide insulation, and support biodiversity.

      Shallow, vegetated channels that slow and filter runoff.

      Planted areas that collect and absorb rainwater from roofs, driveways, and streets.

      Bodies of water designed to store runoff, enhance water quality, and provide wildlife habitats.

      Benefits of SuDS


      By controlling the flow and volume of surface water, SuDS help reduce the risk of flooding.

      Natural filtration processes improve the quality of water before it enters watercourses.

      SuDS provide green spaces, enhance urban aesthetics, and support local ecosystems.

      SuDS contribute to climate adaptation by managing the impacts of extreme weather events.

      These systems are essential for managing water in urban environments, ensuring that development is sustainable and resilient to climate change.

      Sources


      Criteria for Referring Applications to the Planning Committee


      In many local planning authorities, including East Hampshire District Council (EHDC), certain types of planning applications are indeed referred to the Planning Committee rather than being decided by planning officers under delegated powers.

      This typically includes larger and more controversial developments, such as those that are outside settlement boundaries or involve a significant number of new houses. Here’s how this works:

      Criteria for Referring Applications to the Planning Committee


      • Large Developments: Applications involving a significant number of new houses (such as over 50) are often referred to the Planning Committee due to their potential impact on the local area.

      • Outside Settlement Boundaries: Developments proposed outside the designated settlement boundaries are likely to be scrutinized more closely, especially if they involve substantial construction, as these areas are usually protected by local planning policies to control urban sprawl and preserve the character of the countryside.
      • High Public Interest: Applications that generate a large number of public comments or objections are more likely to be considered by the Planning Committee.

      • Controversial Developments: Projects that are contentious or have significant local opposition may also be referred to the Committee to ensure a transparent decision-making process.
      • Policy Deviations: Proposals that do not fully comply with local or national planning policies may require Committee consideration to carefully weigh the benefits and impacts.

      • Sensitive Areas: Developments affecting sensitive areas such as green belts, conservation areas, or sites with environmental or historical significance are typically referred to the Committee.

      Planning Committee Process


    1. Preparation: The planning officers prepare a report for the Planning Committee, summarizing the application, relevant policies, consultation responses, public comments, and a recommendation.
    2. Publication: The agenda for the Committee meeting, including the report and recommendations, is published in advance.
      • Notification: Stakeholders, including those who have submitted comments, are notified about the meeting.
      • Speaking Rights: Members of the public can register to speak at the meeting to present their views.
      • Presentation: The planning officer presents the report and recommendation.
      • Public Input: Registered speakers present their comments.
      • Debate and Decision: Councillors debate the application and make a decision by voting.

      Delegated Powers


      • Routine Applications: Smaller and less controversial applications are often decided by planning officers under delegated powers to streamline the process.
      • Criteria for Delegation: The criteria for delegation and Committee referral are typically set out in the Council’s Constitution or Scheme of Delegation.

      Specific Policy for EHDC


      For East Hampshire District Council, the specific criteria for referring applications to the Planning Committee can be found in their local planning policies and procedural documents. It is common for larger developments, especially those outside settlement boundaries and involving a significant number of houses, to be referred to the Planning Committee.

      Conclusion


      In summary, applications for developments over 50 houses or those outside settlement boundaries are typically referred to the Planning Committee rather than being decided by planning officers under delegated powers due to their potential impact and the level of public interest.