Rural Planning: Approvals Outside Local Development Plans and Settlement Boundaries

Planning applications outside the Local Development Plans and settlement boundaries in rural England can be approved based on several key factors:


  • Economic Benefits: The economic benefits of the proposed development, such as job creation, increased local spending, and contributions to local infrastructure, can be significant factors in the decision-making process.
  • Social Benefits: The provision of housing, particularly affordable housing, and the support of local services and facilities can be crucial considerations.
  • Environmental Benefits: Enhancements to biodiversity, sustainable drainage systems, and the overall environmental sustainability of the development can be key factors.

  • High-Quality Design: Developments that are of high architectural and design quality and that contribute positively to the character of the area may be approved.
  • Sustainability: Proposals that include sustainable building practices, renewable energy sources, and other green technologies can be viewed favourably.

  • Local Needs: In some cases, developments may be approved if they meet specific local needs, such as housing for agricultural workers or the provision of community facilities.
  • Community Support: Demonstrated support from the local community can also be a factor, particularly if the development addresses specific local issues or needs.
  • Presumption in Favour of Sustainable Development: According to the National Planning Policy Framework (NPPF), there is a presumption in favour of sustainable development. This means that planning permission should be granted unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the NPPF as a whole.
  • Lack of Five-Year Housing Land Supply: If a local authority cannot demonstrate a five-year supply of deliverable housing sites, the policies in the Local Development Plan that are most relevant to housing supply are considered out-of-date. In such cases, the presumption in favour of sustainable development is particularly relevant.
  • Appeal Decisions: Previous planning appeal decisions can set precedents that influence future decisions, particularly if the circumstances are similar.
  • Precedents: Approval of similar applications in the area or under similar circumstances can also play a role.

Isolated Homes in the Countryside: Paragraph 79 of the NPPF allows for the approval of isolated homes in the countryside under certain circumstances, such as if the development would:

  • Represent the optimal viable use of a heritage asset.
  • Re-use redundant or disused buildings and enhance their immediate setting.
  • Be of exceptional quality or innovative design.


Planning Application 55318/001: Land west of Beechlands Road, South Medstead, Alton

Work In Progress
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Proposal: 70 Dwellings with Vehicular Access
Case Officer: Samantha Owen
Developer: Bargate Homes

Planning Application 27000/005: Land to the rear and including Fair Winds, 61 Lymington Bottom Road, Medstead, Alton

Work In Progress
—-
Proposal: 53 Dwellings with Vehicular Access
Case Officer: Samantha Owen
Developer: Bewley


NPPF, Paragraph 11: Why EHDC’s Failure to Maintain an Up-to-Date LDP and Meet Land Supply Targets Puts Us All at Risk

The National Planning Policy Framework (NPPF) has specific provisions to address situations where local authorities have an outdated local development plan or are behind in delivering the required land supply.


Key Provisions of the NPPF

Paragraph 11:

  • The NPPF establishes a presumption in favour of sustainable development. When the local plan is outdated, this presumption is particularly significant.


Decision-Making:

For decision-making, this means approving development proposals that accord with an up-to-date development plan without delay. When there are no relevant development plan policies or the policies are out-of-date, permission should be granted unless:

  • The adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the NPPF as a whole.
  • Specific policies in the NPPF indicate that development should be restricted (e.g., Green Belt, designated heritage assets).

Five-Year Housing Land Supply:

  • Local planning authorities are required to identify and update annually a supply of specific deliverable sites sufficient to provide a minimum of five years’ worth of housing against their housing requirement.
  • If the local authority cannot demonstrate a five-year supply of deliverable housing sites, the relevant policies for the supply of housing are considered out-of-date.


Housing Delivery Test:

  • The Housing Delivery Test measures the number of homes delivered in a local authority area against the homes required. If delivery falls below certain thresholds, the presumption in favour of sustainable development applies.

Paragraph 14:

  • When a local plan is out-of-date, local authorities should continue to grant permission unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits, considering the policies in the NPPF.


Updating Local Plans:

  • Local authorities are encouraged to update their plans every five years to reflect changing circumstances, such as changing housing needs and the availability of new data.

Example Scenario

Scenario: A local authority is behind on delivering its five-year housing land supply and has an outdated local development plan.

Application: A developer submits a planning application for a residential development.

Decision-Making:

  • The local authority must consider the presumption in favour of sustainable development due to its inability to demonstrate a five-year housing land supply.

  • The authority will weigh the benefits of the development (e.g., contribution to housing supply) against any potential adverse impacts.

  • The authority will also assess the proposal against the policies in the NPPF, including those related to environmental protection, design, and infrastructure.

Conclusion

The NPPF plays a critical role in guiding development when local authorities have outdated plans or insufficient land supply.

It ensures that sustainable development can proceed while balancing the need for housing and growth with environmental and community considerations (???).

Local authorities are encouraged to update their plans regularly to maintain control over development and align with the broader objectives of the NPPF.

Material Planning Considerations: What You Need to Know


Here are categories of factors considered as material planning considerations:


Material Planning Considerations: Air and Water Quality

Air and Water Quality considerations focus on assessing and mitigating the impacts of a proposed development on the quality of air and water resources. These considerations ensure that new developments do not negatively affect the health, safety, and well-being of residents, ecosystems, and the environment.

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: Economic Benefits

Economic Benefits considerations focus on evaluating the positive impacts that a proposed development might have on the local, regional, or national economy. These considerations ensure that new developments contribute to economic growth, job creation, investment, and overall economic stability and prosperity.

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: Flood Risk

Flood Risk considerations focus on the potential for flooding and the adequacy of measures to prevent and mitigate flood impacts. These considerations ensure that new developments are appropriately located and designed to minimize flood risk to property, people, and the environment.

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: Infrastructure and Services

Infrastructure and Services considerations focus on the availability, capacity, and adequacy of essential services and facilities required to support a proposed development. This includes transportation networks, utilities, healthcare, education, and other public services necessary for the well-being and functionality of a community.

Material Planning Considerations: Land Use

Land Use refers to the management and modification of natural environments or wilderness into built environments such as settlements and semi-natural habitats. In the context of material planning considerations, land use focuses on the suitability and appropriateness of a particular piece of land for the proposed development, considering existing zoning laws, local plans, and the broader impacts on the community and environment.

Material Planning Considerations: Local and National Planning Policies

Local and National Planning Policies are critical frameworks that guide the development and use of land in a manner that promotes sustainable growth, protects the environment, and meets the needs of communities. These policies are established at different levels of government and provide specific guidelines and regulations that must be adhered to when considering planning applications.

Material Planning Considerations: Public Opinion

Public Opinion refers to the views and concerns of the community, residents, businesses, and other stakeholders regarding a proposed development. When evaluating planning applications, planning authorities consider public opinion to ensure that developments are responsive to the needs and values of the community and to enhance democratic participation in the planning process.

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: Sustainability

Sustainability in planning involves ensuring that developments meet the needs of the present without compromising the ability of future generations to meet their own needs. This consideration encompasses a range of economic, environmental, and social factors aimed at promoting long-term ecological balance, resource efficiency, and quality of life.

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.


Why Understanding Material Planning Considerations is Crucial to Successfully Describing Your Objection Against a Proposed Development


Understanding material planning considerations is fundamental to effectively objecting to a proposed development for several reasons:

  • 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, 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.
  • A thorough understanding allows you to frame your objections in a structured manner, providing clear, evidence-based arguments.

    For example, if a proposed development does not comply with local planning policies, highlighting specific policies and demonstrating non-compliance strengthens your case.
  • By understanding the key material planning considerations, you can identify and focus on the most critical issues that the planning authorities must address.
    This targeted approach ensures that your objections are relevant and impactful, addressing concerns such as traffic congestion, environmental degradation, or loss of residential amenity.
  • Knowledgeable objections enhance your credibility. When you reference relevant policies, environmental reports, or traffic studies, it shows that your objections are well-researched and not based on personal preference or unfounded claims.

    By understanding the key material planning considerations, you can identify and focus on the most critical issues that the planning authorities must address. This credibility can influence planning officers and decision-makers.
  • Understanding material planning considerations enables you to effectively represent broader community concerns.

    If a significant number of residents are worried about increased traffic or environmental impact, articulating these issues within the framework of material considerations ensures their voices are heard in a manner that planning authorities are obliged to consider.

  • In the event that a planning decision is challenged legally, objections based on material planning considerations are more likely to hold weight.

    Courts and planning inspectors look for substantive, policy-based arguments rather than subjective opinions.

  • Even if a development is approved, well-founded objections can influence the conditions imposed on the development.

    For example, concerns about traffic might lead to conditions requiring traffic mitigation measures or restrictions on construction hours to protect.


“Speculative Developments” cannot be used as a basis for objection, but this does not imply that developers are allowed to withhold information about their plans

“Speculative Developments” in the context of non-material planning considerations generally means that concerns or objections about potential future developments that are not part of the current planning application are not taken into account.


This does not imply that developers are allowed to withhold information about their plans. Instead, it means that each planning application is considered on its own merits, based on the details provided for that specific proposal.

However, planning regulations often require developers to provide comprehensive information about the phases of a large development project if it is intended to be built in stages. For phased developments, developers typically need to submit a master plan outlining the entire project, even if detailed applications for later phases will be submitted separately.


Here are a few key points regarding phased or large-scale developments:

  1. Master Plans: For large, phased developments, a master plan might be required, outlining the overall vision and structure of the entire project, even if only one phase is being submitted for approval at a time.
  2. Transparency and Disclosure: Developers are generally required to disclose enough information about their proposals to allow a proper assessment. This includes the broader context if the application is part of a larger scheme.
  3. Conditions and Phasing Plans: Planning permissions can include conditions requiring developers to submit detailed phasing plans or additional details about future phases before they can proceed with those phases.
  4. Public Consultation: Large-scale or phased developments often undergo extensive public consultation processes, during which developers are expected to disclose their overall plans to the community.

While concerns about speculative future developments that are not part of the current application cannot be considered, this does not absolve developers from the requirement to provide clear and comprehensive information about the specific proposal under consideration.

Planning authorities focus on the details of the submitted application, ensuring that each phase or part of the development is evaluated based on current, concrete plans rather than speculative future intentions.


Speculative developments are generally not considered when assessing risk for a screening Environmental Impact Assessment (EIA). The screening process for an EIA focuses on the specific details of the proposed development as submitted in the application. Here’s an overview of how this works:

  1. Specific Project Focus: The screening EIA assesses the environmental impacts based on the details provided in the current planning application. It does not consider potential future developments that have not been formally proposed or detailed in the application.
  2. Material Considerations: The EIA process considers material factors such as the size and nature of the development, its potential environmental impacts (e.g., on air and water quality, biodiversity, noise levels), and compliance with relevant environmental regulations and guidelines.
  3. Cumulative Effects: While speculative developments themselves are not considered, the EIA process may take into account the cumulative effects of the proposed development in conjunction with existing developments and any planned projects that have been formally proposed and are under consideration. This helps assess the overall impact on the environment more comprehensively.
  4. Transparency and Disclosure: Developers are required to provide sufficient information about their proposed project to allow a thorough assessment of environmental risks. This includes disclosing all relevant aspects of the current project phase but does not necessitate disclosure of future phases unless they are part of the current application.

In summary, while speculative future developments are not included in the EIA screening process, the cumulative effects of known and planned projects may be considered to ensure a comprehensive environmental assessment.


The planning and EIA processes include several mechanisms to prevent piecemeal developments and avoid the avoidance of a full Environmental Impact Assessment (EIA):

  1. Cumulative Impact Assessment: Planning authorities often require developers to assess the cumulative impact of their projects. This means evaluating not only the specific development being proposed but also its combined impact with other existing or reasonably foreseeable developments. This helps prevent the fragmentation of large projects into smaller ones to avoid a full EIA.
  2. Screening and Scoping Procedures: During the EIA screening process, planning authorities assess whether a full EIA is needed based on the potential environmental impact of the project. If there are concerns that a project is being segmented to evade comprehensive review, the authority can consider the broader context and potential cumulative impacts.
  3. Master Plans and Phasing Plans: For large or phased developments, developers are often required to submit a master plan or phasing plan. This outlines the overall vision and structure of the entire project, even if only part of it is being applied for initially. This ensures transparency and helps the planning authority assess the full impact of the development over time.
  4. Planning Conditions: Planning authorities can impose conditions on approvals that require developers to provide additional information or conduct further environmental assessments as future phases of the project are proposed. This ensures ongoing scrutiny of the development’s impact.
  5. Public Consultation and Transparency: Public consultation processes allow community members and stakeholders to raise concerns about potential piecemeal developments. Transparent disclosure of development plans ensures that any attempt to segment a project is visible and can be challenged.
  6. Regulatory Oversight: Planning authorities and environmental regulators have the authority to enforce EIA regulations and can require a full EIA if there is evidence that a developer is attempting to circumvent the process through piecemeal applications.

By implementing these mechanisms, planning authorities work to ensure that the environmental impact of a development is fully assessed, preventing developers from avoiding comprehensive scrutiny through segmentation of their projects.


The continuous expansion of the village raises significant safety concerns due to the lack of proper pedestrian infrastructure

The continuous expansion of the village raises significant safety concerns due to the lack of proper pedestrian infrastructure. The existing roads are not equipped to handle increased traffic while ensuring the safety of pedestrians, particularly older people and children. This issue is critical as it directly affects the daily lives and safety of the community.

Previous developments that rely on Beechlands Road have highlighted its limitations, which were well known to the developer. Due to insufficient supervision, the alleged compensation for the strain on this part of the infrastructure has not been adequately addressed. The developers were supposed to repair Beechlands Road to fix post-construction issues and ensure it remained functional for the increased traffic. Yet, the junction with Red Hill and Five Ash Road is regularly flooded, rendering it impassable for pedestrians.

The Beechlands Road sidewalk is comparable to those found in some impoverished areas of Romania. It is a patchwork due to the addition and maintenance of various utility networks, making it unsafe for people with impaired vision. Additionally, it is a form of visual pollution.

Proposed Development Impact: Noise Pollution

The proposal for a new development on a rural cul-de-sac road raises significant concerns regarding noise pollution during both the construction and operational phases. Rural areas typically enjoy lower ambient noise levels, contributing to a peaceful living environment. Introducing a new development threatens to disrupt this tranquillity, leading to adverse effects on the local community’s quality of life.


High Noise Levels: Construction activities, including the operation of heavy machinery, drilling, and hammering, produce high noise levels. These noises can exceed safe levels, causing disturbance and potential health risks to nearby residents.

Duration of Construction: Construction projects often extend over long periods, subjecting residents to prolonged exposure to noise pollution. This constant noise can lead to increased stress, sleep disturbances, and a decline in overall well-being.

Impact on Wildlife: Rural areas often serve as habitats for various wildlife species. Construction noise can disrupt these habitats, causing animals to flee and potentially leading to a decline in local biodiversity.

Increased Traffic: A new development will lead to increased traffic on the rural cul-de-sac road. This increase in vehicle noise can significantly alter the acoustic environment, disturbing residents who are accustomed to a quieter setting.

Community Noise: The daily activities associated with a new residential estate, such as the operation of heating and cooling systems, waste collection, and general residential noise, can contribute to a higher noise level, impacting the local community’s quality of life.


Health and Quality of Life Impacts

Mental Health: Noise pollution can contribute to anxiety, depression, and other mental health issues.

Sleep Disturbance: Noise pollution is a well-known cause of sleep disturbances, leading to fatigue, impaired cognitive function, and reduced overall quality of life.


Social Disruption: Increased noise can disrupt social interactions and outdoor activities, diminishing the sense of community and personal enjoyment of one’s property.


Rural areas are valued for their tranquillity and natural beauty. Introducing noise pollution from a new development undermines these characteristics, reducing the area’s appeal and potentially lowering property values.

Residents of rural areas often choose these locations for their quiet, serene environment. The introduction of a noisy development goes against the community’s expectations and desires, leading to potential opposition and discontent among local residents.



References

Proposed Development Impact: Environmental Degradation Concerns – Conversion of Natural Land to Residential Use

The continuous development in the village has raised significant concerns about the inadequate control over biodiversity. Despite numerous developments, the cumulative significance of these projects has not triggered a single full Environmental Impact Assessment (EIA). This absence of comprehensive evaluation undermines the efforts to protect and enhance local biodiversity.

Biodiversity assessments provided by companies hired by the applicants are prone to bias. There is a conflict of interest, as these companies might downplay negative impacts to favour the development.

Independent experts, without any financial ties to the applicants, should conduct biodiversity assessments to ensure impartiality and reliability of the findings.

The residents disagree with the effectiveness of the alleged 10% net gain in biodiversity EHDC process. There is insufficient evidence to demonstrate that the proposed measures will result in a genuine net gain.

There is a lack of robust monitoring and accountability mechanisms to ensure that the biodiversity net gain is achieved and maintained over time.

The cumulative impact of multiple developments on local biodiversity has not been adequately assessed. Each individual project might not meet the threshold for a full EIA, but their combined effects could be significant. According to the Town and Country Planning (Environmental Impact Assessment) Regulations 2017, projects that are likely to have significant effects on the environment by virtue of their nature, size, or location should undergo an EIA. The failure to conduct a comprehensive EIA for the cumulative impact of all developments is a regulatory oversight.


References

Proposed Development Impact: Traffic Infrastructure Concerns

In 2014, Hampshire County Council (HCC) Highways indicated that due to the number of SHLAA sites and the combined effects these developments might have on the A31 and the junctions of Boyneswood Road and Lymington Bottom Road, an EIA should be requested. Despite this recommendation, no EIA has been conducted in the village to date.

Bottle Neck Roads


Railway Crossings: The primary access routes from Medstead to the A31 include two bottleneck roads, one under and one over the railway track. These bottlenecks only allow one direction of traffic at a time, significantly restricting traffic flow and creating congestion.

Traffic Flow: The restricted traffic flow at these bottlenecks will be exacerbated by additional development, leading to increased delays and potential safety hazards.

A31 Traffic Volume

Busy Road: The A31 is already a very busy road, handling substantial traffic volumes daily. Adding more vehicles from new developments without proper infrastructure improvements will worsen traffic conditions.

Safety Concerns: Increased traffic congestion can lead to higher risks of accidents, posing a danger to both local residents and commuters.

Infrastructure Modernisation

Cost Inefficiency: Modernising the bottleneck junctions to support further development would not be cost-effective. The financial burden of such extensive upgrades would likely outweigh the benefits, considering the scale and impact required.

Village Impact: The execution of modernisation efforts would significantly disrupt the village. Construction activities would lead to increased noise, dust, and temporary road closures, negatively affecting the quality of life for residents.

In conclusion, I strongly urge the planning authorities to reject the current application. The significant unresolved traffic issues and the lack of a comprehensive EIA highlight the unfeasibility of further development in Medstead at this time. Ensuring that the infrastructure can support additional traffic without compromising safety and quality of life for residents is paramount. The historical context provided by HCC Highways’ 2014 indication underscores the necessity of this assessment.

Permitting this development without addressing these critical issues would not only be imprudent but also potentially harmful to the community. Therefore, I request that this planning application be denied until a thorough and comprehensive EIA is conducted and adequate infrastructure improvements are planned and implemented.


References

The term “zone of influence of all development proposals” refers to the geographical area that is affected by a proposed development

This zone encompasses not only the immediate vicinity of the development site but also the surrounding areas that may experience direct or indirect impacts due to the development. These impacts can include environmental, social, economic, and infrastructural changes.

Key Components of the Zone of Influence

1. Environmental Impact:

  • Air Quality: Areas affected by changes in air quality due to increased traffic or industrial activity.
  • Water Resources: Regions impacted by changes in water usage, potential pollution, or alterations in drainage patterns.
  • Wildlife and Habitats: Zones where local flora and fauna might be affected by habitat loss, fragmentation, or changes in the ecosystem.

2. Social and Economic Impact:

  • Population Density: Areas that might see changes in population density due to new housing developments.
  • Local Economy: Regions that could experience economic growth or decline depending on the nature of the development (e.g., new businesses, employment opportunities).
  • Community Services: Impact on local services such as schools, healthcare, and recreational facilities.

3. Infrastructural Impact:

  • Transportation Networks: Zones where traffic patterns, road usage, and public transportation might be affected.
  • Utilities: Areas influenced by changes in the demand for utilities like electricity, water, and sewage.

4. Aesthetic and Cultural Impact:

  • Visual Impact: Changes in the landscape or skyline that affect the visual aesthetics of the area.
  • Cultural Heritage: Regions where historical or cultural sites might be impacted by the development.

Importance in Planning

Understanding the zone of influence is crucial in the planning and assessment process for several reasons:

1. Comprehensive Impact Assessment: It ensures that all potential impacts of the development are identified and assessed, not just those within the immediate vicinity of the site.


2. Stakeholder Engagement: It helps identify all stakeholders who might be affected by the development, ensuring that their concerns are considered.


3. Mitigation Measures: It allows for the development of effective mitigation strategies to address any negative impacts within the entire zone of influence.


4. Sustainable Development: It supports the principles of sustainable development by ensuring that environmental, social, and economic factors are balanced and managed.

Conclusion

The “zone of influence of all development proposals” is a comprehensive concept that encompasses all areas affected by a proposed development.

Properly identifying and assessing this zone is critical to ensuring that the development is sustainable, that all potential impacts are managed, and that the needs and concerns of all affected stakeholders are addressed.

In 2024, Sweden introduced further measures to enforce the use of plain language across all public administration


Sweden has a history of encouraging plain language use in government. As early as 1986, the Law of Administration (1986:223, article 7) required government authorities to express themselves in a comprehensible manner. Additionally, the Government Authorities and Agencies Ordinance (1995:1322, article 7) stipulated that director-generals ensure plain Swedish is used in official documents.

In 2024, Sweden introduced further measures to enforce the use of plain language across all public administration. This new law is part of ongoing efforts by the Plain Swedish Group, which has been active in promoting clear communication since its establishment by the government in 1993. The group provides guidelines, organizes conferences, and evaluates the comprehensibility of government texts to ensure they are user-friendly.

The main goal of this law is to enhance transparency and accessibility in government communications, making it easier for citizens to understand and engage with administrative processes. This is seen as a crucial step in ensuring democratic access and efficiency in public administration.

By ensuring clear communication, Sweden aims to eliminate barriers that complex administrative language can create, thereby promoting greater public participation and trust in government processes.



For more detailed information, you can refer to resources from the Plain Language website and related publications on the topic.