An American abroad

Notwithstanding his role as the president of the Campaign for the Protection of Rural England (CPRE), Bill Bryson speaks with great wisdom on the potential damage the NPPF could do to the English landscape.

If government ministers won’t listen to its own people – Francis Maude, a supposedly clever man at the heart of government, describing their concerns as ‘bollocks’ – perhaps they will listen to an American, who has personal knowledge of the damage done to his country through uncontrolled development.

Desperation planning policies emerging

From reading an item pitching Eric Pickles as the saviour of the English bowling green! I’ve been reminded of little gem from earlier this year.

Grant Shapps: Communities to be given a right to reclaim land

Published 2 February 2011
Housing Minister Grant Shapps today announced plans to give members of the public the right to reclaim and develop hundreds of acres of unused public sector land and buildings, which are currently trapped in a bureaucratic quagmire. The new Community Right to Reclaim Land will help communities to improve their local area by using disused publicly owned land for new development.
Given all the rhetoric surrounding the NPPF, the housing shortage and now the recent piece of planning policy desperation- house boats – all I can do is repeat my previous observations on this piece of nonsense.
The reason why it is nonsense is two fold. Firstly, a large amount of the land owned by the public sector is remote areas unconnected with existing development and therefore falling outside of the definition of sustainable development. Of course that was the definition of sustainable development that made some sense, as opposed to the abstract one DCLG seems to favour now. The second reason this is nonsense, is because of it’s reference to communities rushing out to scoop up redundant land and develop it as a way of improving their area.
There may well be one or two communities wishing to grab and build, but they will almost certainly be the exception. Of course, if communities were able to acquire redundant land in order to prevent anything being built on it, now that would be a completely different story!

Planning Inspectorate will be busy

All the concern being expressed by organisations such as the National Trust and CPRE, about the presumption in favour of sustainable development, as enshrined in the NPPF, is in danger of over-shadowing one of the NPPF’s potential negative outcomes – planning by appeal.

One of the strengths and, it has to be said, occasional weaknesses of having elected members involved in making planning decisions, is that we can occasional be a cumudgeony bunch. The officers do their professional best to come up with a balanced decision, based on the council’s policies and then make their recommendation – members then go and take the opposite view! Where this view is in favour of an application, then the appeal process doesn’t really apply, unless somebody has enough cash to go to the high court. However, where an application is refused, either by officers without going to committee, or by a decision of the members at committee, the applicant has the right of appeal to the Secretary of State through the Planning Inspectorate.
With the implementation of the NPPF, developers will be waving the presumption in favour of sustainable development under the noses of every local planning authority in the country, demanding the right to build on just about any spare bit of land they can lay their hands on. Meanwhile, the public will be realising the floodgates have been unlocked and will soon be swinging wide open, with elected members telephones’ ringing off of their hooks. Public concern and in some cases outrage, will ultimately lead elected members to become more and more concerned about the political fallout from runaway development.
Given the vague and abstract nature of the term, ‘sustainable development’, the requirement to give a presumption in its favour and the potential for a lack of up to date planning policies in many councils, members are going to feel that they have every right to give significant weight to the public’s and in particular any neighbour’s concerns. Once the NPPF becomes law, PINS, as the Planning Inspectorate is known, is going to become very, very busy.
Worse still, a planning inquiry can be a very expensive business, especially when it goes to a full- blown public hearing. Even if the appellant is not awarded costs against the planning authority, the cost of an inquiry can easily reach 4, or even 5 figures. Whilst planning officers will always advise members against making a decision that isn’t based on sound planning reasons, they would be extremely reluctant to use the cost of fighting an appeal as the main reason for not refusing a planning application.

Actions required not just fine words Mr Clark

Greg Clark gets more than his fair share of column inches in today’s Daily Telegraph, continuing to promote his already much criticised National Planning Policy Framework.

The minister demonstrates his myopic view of this issue with comments like, ‘I can’t think of a single place I’ve been to where they don’t want housing’. What he doesn’t tell us is where he is getting these rose coloured views from. My suspicion is, that it was either the Party faithful, who would never dare to question the minister who has honoured them with a visit. Alternatively, it was through orchestrated meetings with local landowners and developers, who already see him as the second coming and think the NPPF is his version of the Holy Bible.

Mr Clark is obviously a very clever man, but his naivety with regards with the public’s attitude to large scale development is writ large by the statements he makes on the subject. Although he has been elected and must therefore have a regular postbag with at least some of this correspondence relating to development proposals, it’s clear from his CV that he has never been a local councillor and therefore has never been at the sharpest end of the planning process. Also, his CV shows little in the way of proper jobs, with all of his ‘working life’ being spent in the rarified world of politics. A spell with the BBC as some sort of policy wonk hardly qualifies.

If Mr Clark had spent any time as a local councillor, he would of come face to face with ordinary local people, those who don’t own land or build houses, expressing real concerns, something he dismisses as NIMBYism, about the impact a development could have on their community. I don’t believe there’s anything unique about my experience of the less than enthusiastic public response when a new housing development is proposed. That response is magnified six-fold when that development is for affordable or social housing, just the thing Clark is claiming will be promoted by his policies and our communities are supposedly so desperate to see happen.

Having passionately promoted the merits of localism and how important it is for communities to take back control of how their area develops, Mr Clark goes on to reveal the actual limits of localism when it comes to the development process. Apparently, where a local council, having listened to the local people and written a local plan to reflect these views, attempt to avoid large scale housing development, they will be ‘directed’ to think again, as per the Eric Pickles’s version of ‘guided Localism’ no doubt.

There are however a couple of comments attributed to Clark that, if true, would offer me some hope, if only they were clearly refelcted in the NPPF. He talks of better design, greater individuality and, most significantly, a drive to eliminate the shoe box sized houses foisted on the British public, by our greedy development industry, since the second world war.

Unfortunately, his fine words do not appear to be supported by anything substantive in the NPPF. If my own local planning authority were to produce a policy requiring room sizes to return to their pre-war dimensions, would it gain the support of the planning inspectorate the first time this was challenged by a developer?

Mr Clark, If you want the public, not just the landowners and the developers, to turn your naive words into reality, you need to confirm to us that the quality of new housing is just as important to you as the quantity.

Care to eat your words Mr Clark?

An excellent article in today’s Daily Telegraph from Clive Aslet, described as Editor at Large of ‘Country Life’. Editor at Large? Does that mean he works from home and drives around a lot?

None of the venom and spite we’ve seen from our illustrious leaders, Clark and Neill (Shapps seems to sensible enough to keep his head down for now). It’s a reasoned argument in favour of listening to the genuine concerns of those who care about our countryside. He also calls for the public consultation on the draft National Planning Policy Framework, to be treated as a genuine exercise and not the current sham suggested by the hysterical utterances Clark and Neill have spouted upon hearing that the National Trust and CPRE have concerns about the potential negative impact of the NPPF.
The best bit of the article for me, is a quote from a then Tory MP in opposition, Greg Clark. Upon hearing that the Labour Government wanted to see 6,000 houses built in Tunbridge Wells, Clark’s constituency, he said: “One of the delights of our area is that there is scarcely a neighbourhood that is not within a short walk of the green fields that surround us”. This is the self same minister now laying in to those who dare to challenge his new passion for covering those green fields in houses and factories.
No wonder politicians are often seen as cynical opportunists, ready to jump on the nearest passing bandwagon. I sincerely hope the members of the Tunbridge Wells Conservative Party are seeking answers from their local MP.

Time for Osborne to do his bit

I’ve been following, with growing alarm, the government’s proposals to overhaul the planning system and to effectively scrap the legislation that underpins it. My alarm comes from what could be seen as a simplistic, or even nieve, approach to the planning system by this government. Alternatively the more paranoid amongst us could see these changes as no more than a form of cronyism, designed to swell the bank accounts of landowners and developers, many of whom are more likely to be Tory supporters than not.

However, there may also be an additional reason why the government has decided to open the development flood gates. Recent newspaper headlines seem to suggest that government has given up trying to get the Treasury to ease its stranglehold on the economy and have now decided that dismantling the planning system is an easier option, using the drive for growth as the reason (excuse?).

Apparently David Cameron is having trouble persuading George Osborne that he needs to do his bit to encourage growth, through easing the tax burden on businesses. As the Chancellor of Exchequer appears to have more clout than any other minister, including the Prime Minister, it seems that the planning system is to be sacrificed instead.

Is building huge swaths of minimum quality housing and vast areas of souless industrial estates, the best way to do it? I doubt it and I doubt that our childrens’ children will think so either.

Telegraph writer gets Localism Bill wrong

Saturday’s Telegraph readers of the Property section will need to take a large pinch of salt when reading an article written by the Telegraph’s supposed awarding writer, Ian Cowie.

Mr Cowie suggests that last week’s Budget is on the whole beneficial to home owners.  This may well be true, but what isn’t true ,is what he has to say about the new powers the Localism Bill will give to those home owners.

He claims that, ‘……..the Localism Bill should give residents greater power to decide whether or not more fields and woods are bricked over to build new housing,……’  . 

Now I’m not sure what this chap got his award for, but it wasn’t for demonstrating any expert knowledge of what the government’s ambitions are when it comes to the planning system in this country – ambitions that don’t involve preventing house building!

Ian Cowie appears to have missed the bit in the Budget about the planning system being changed to encourage economic growth.  That encouragement will take the form of, as various government minister have taken pleasure in saying over the last 12 months, simplifying the system so as to make it far easier to build things.

So, whilst localism will give local people a say on the types of development that take place in their area, it will definately not give them any powers to prevent development if it has already been included in the council’s development plan for the area.  Nor will communites be able to stop development, and this is the worrying bit, because it has yet to be defined in any useable way, if it is considered sustainable.

Don’t just take my word for it, read the Royal Town Planning Institute’s (RTPI) response to the budget.  http://www.rtpi.org.uk/item/4477/23/5/3

Eric Pickles finally picks the right target

The link below is to the recent speech made by Eric Pickles to the CBI.

http://planningblog.wordpress.com/2011/03/22/pickles-woos-cbi

I’m actually thankful for small mercies when reading this speech.  It’s the first time I’ve read anything where Pickles appears to blame the system he and his predecessors are responsibility for, rather than the poor bloody foot soldiers (the planners) for the problems he now perceives as the root of all our ills.

He and others might still be wrong with some of their suggested solutions (NHB, community plans, LEP, enterprise zones) , but at least he’s right about some of the causes.

S106 agreements are not the problem Mr Clark

I’m still struggling to understand how localism is supposed to work, if central government is going to keep trotting out dictate after dictate about how local government should do things at the local level.  The latest ‘suggestion’ is that we should revisit something called s106 contributions because these are holding up development.

For those not familiar with planning speak, a s106 is a legal agreement between the local authority (council) and the developer of the land.  It can cover a multitude of things, from cash payments to support an existing service, through to the building of affordable housing.  S106 payments have a bit of a bad name with some people, as they can be seen as a form of legalised bribery – give me a planning permission and I’ll give you this in exchange.

However, the overwhelming majority of s106 contributions are made in order to provide something the community would otherwise not have, thereby making what would otherwise be unacceptable in planning terms, acceptable.  A good example of this would be a community centre where one currently does not exist, or even more important to some, a doctor’s surgery, or even a school.

Greg Clark has now called for these agreements to be reviewed, in order to get the development industry building again.  So, what he seems to be telling us is, ignore the local people and their concerns about the lack of the doctor’s surgery, or the currently over subscribed local school.  Ignore the local people who tell that there is a desperate need for a local meeting place in the village, especially if you are going to encourage even more people to come and live here, none of things matter anymore, just as long as things get built.

This seems to be completely against the whole ethos of localism and leaves me bewildered to say the least.  Especially as I don’t believe for one minute that the removal of a s106 agreement from a particular planning permission would see the brickies and chippies back on that abandoned building site tomorrow morning.

The reason that nothing is getting built is because there’s nobody to buy what is built and the reason there’s nobody buying anything is because the bankers are sitting on all the money and won’t lend it to anybody at a sensible rate of interest.

Even if there were an element of truth in what Greg Clark is saying and tearing up the s106 did remove a barrier to development, the loss of the facilities provided by a s106 agreement, such as affordable housing, just seems to greater price to pay in the longer term.  The needs of the community won’t go away, but the ability to meet them will.