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Thursday 23 February 2012
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Planning context

The role of town and country planning is primarily to manage change to the physical environment.  It is generally concerned with ensuring that development proposals reflect community aspirations, and increasingly it will represent the perceived needs of future generations.

The planning system regulates development in the public interest, exercising control over the land use and design aspects of your proposal which will entail dealing with its wider impacts (e.g. noise, waste or choice of materials). Under the Planning and Compulsory Purchase Act (2004) plans will be prepared “with a view to contributing to the achievement of sustainable development”.

You should bear in mind that the system is statutory, i.e. governed by legislation, and that decisions are steered by planning guidance and policies that filter to the local level from the national level.  This enables LPAs to reflect both a need for national consistency and for local diversity.

It is important to get advice from your Local Planning Authority (LPA) before starting any development, whether new or refurbishment.  The LPAs in Nottinghamshire are listed in the Useful Contacts section. LPA officers will be able to let you know how the system works and whether you need planning permission and/or building regulation approval for your proposal.  For most new buildings both approvals will be required, and you will need to submit formal applications.  The LPA will advise on the necessary information to accompany them and the size of fees.

Talking in advance about planning proposals can often smooth the planning process, avoiding the costs associated with lengthy negotiations and delays whilst additional information is sought. Proposals are often referred to and/or discussed with one or more specialist statutory organisations that input to the planning process.  An example would be the Environment Agency having an interest where a major drainage facility or a waste licence is required.

LPAs will employ various tools to address planning and design issues for certain larger and/or more sensitive sites. Some of these are described later under Supplementary Planning Guidance.

Planning Policy Guidance/Statements

The principal form of central government guidance which influences the planning system is a series of Planning Policy Guidance notes (PPGs) issued by the Office of the Deputy Prime Minister (ODPM). These set out policy thinking on a broad range of topics, from housing and transport to renewable energy, and must be taken into account by local authorities and government agencies when they write their planning policies or consider development proposals.  Where PPGs are of particular relevance to the topic covered by this Guide, they are listed in the Further Resources section of the chapter with an indication of where they are available from.

PPGs have been subject to review since 2003 and they will be replaced by shorter, more focused Planning Policy Statements (PPSs), intended to set out government policy more concisely .  Some PPSs are already at the draft stage.

Strategic Guidance

The middle tier of planning policy is occupied by two strategic documents which are mainly of relevance if you are bringing forward a larger building project:

  • Regional Planning Guidance for the East Midlands (RPG8) – which sets out strategic policies where there is a clear regional dimension (e.g. loss of biodiversity). The approved RPG8 (2002) is subject to revision as at 2004 and will become a Regional Spatial Strategy (RSS) under the planning reforms.
  • Joint Structure Plan (JSP) for Nottinghamshire and Nottingham which interprets RPG and indicates the broad distribution of land required for future housing and employment throughout the county (by sub-areas and districts). It is likely to be adopted by the end of 2005 when it will supercede the existing approved County Structure Plan (1996); however, beyond 2005 when the JSP eventually becomes out-of-date, it is not due to be replaced under the new planning system.

Local DevelopmentPlans/Documents

Strategic documents are interpreted by local plans which offer more detailed policy advice and are the principal reference point for decisions on planning applications.  Under the planning reforms, these plans will start to be replaced by Local Development Documents (LDDs) as from 2005.

You are strongly advised to contact your LPA about the content of these plans/documents. You should be aware that there are specialised Minerals and Waste Local Plans which apply across the whole county.

Supplementary Planning Guidance/Documents

LPAs are able to produce supplementary planning guidance (SPG) which may take the form of design guides, area or site development briefs or issue-based documents that elaborate on policies (or proposals) in local plans/LDDS and indicate where design constraints and opportunities may occur. Some SPGs, for example, specify the types of contribution that may be expected from larger site developers, such as those towards open space or transport provision, and some focus upon environmental performance criteria. Under the new system they will be known as supplementary planning documents (SDD).

Building Regulations

Building Regulations ensure the health and safety of people in and around buildings by setting out standards for building design and construction. They are subject to a separate approval system - normally with checks on site. You should be aware of a 2003 revision to Part L which sets higher energy efficiency standards and which will be revised again as from 2005. You should contact the Building Control team at your local authority (District, Borough or City Councils) for advice and information.