by Howard Joseph
On November 2 1987 the Town and Country Planning (Simplified Planning Zones) Regulations 1987 came into force. These regulations are concerned with the procedure for making and altering simplified planning zone schemes. The purpose of this paper is to explain in question and answer form how simplified planning zones (SPZs) will work.
SPZs were introduced in the Housing and Planning Act 1986 and the provisions have been incorporated into the Town and Country Planning Act 1971 at subsections A to E of section 24 and Schedule 8A, to which reference is made below. The regulations are contained in a statutory instrument (SI 1987 No 1750), and guidance can be found in DOE Circular 25/87.
What is an SPZ scheme?
(a) An SPZ scheme will grant, in relation to the zone, planning permission of a type specified in the scheme.
(b) Section 24A describes an SPZ as an area in respect of which an SPZ scheme is in force.
What are the advantages of an SPZ scheme?
For planning authorities SPZ schemes will provide a system for granting planning permission in advance, promoting the development or redevelopment of an area, and save the authority the administrative task of processing planning applications where detailed control is unnecessary. For developers and landowners SPZ schemes should provide the certainty of knowing what development could be carried out without having to submit a planning application or pay application fees.
When might an SPZ scheme be made?
(a) To grant planning permission so that development of land allocated for development in a local plan can take place;
(b) To permit a range of extensions, change of use and redevelopment of old purpose-built industrial areas;
(c) In the case of sizeable new residential developments where an SPZ scheme could lay down broad objectives and essential design criteria; and
(d) To grant planning permission in advance where an authority has drawn up a development brief for an area.
How are SPZ schemes publicised?
(a) When a local planning authority proposes to make an SPZ scheme, or proposes alterations to an existing scheme, they are required to publish a notice in the London Gazette and in a local newspaper for two successive weeks containing details of the area affected by the proposed scheme, the general nature of the proposed scheme, and where copies may be inspected by the public. Representations are to be made within six weeks.
(b) Under paragraph 5 of Schedule 8A the local planning authority has to take steps to secure adequate publicity for its proposals.
In what documents will the scheme be set out?
An SPZ scheme consists of a map and a written statement, and such diagrams, illustrations and descriptive matter as the local planning authority think appropriate for explaining or illustrating the provisions of the scheme. In the written statement there should be set out details of the development or classes of development permitted by the scheme; the land in relation to which permission is granted; and any conditions, limitations or exceptions subject to which it is granted. (Schedule 8A paragraph 1.)
How are objections dealt with?
(a) Objections can be made to a proposed scheme and may be heard at a local inquiry (Schedule 8A paragraph 8).
(b) The inquiry is to be held in public before an inspector from the Department of the Environment. The inspector will report to the authority and, as in the case of local plan inquiries, authorities will have the power subject to some safeguards to decline or accept his recommendations.
Can an individual suggest making an SPZ scheme?
Yes. A local planning authority can be asked to make or alter an SPZ scheme, and in the event that the authority refuse to do so, or decide not to do so within three months, the authority can be required in certain circumstances to refer the matter to the Secretary of State (Schedule 8A paragraph 3). The Secretary of State may direct the local planning authority to make an SPZ scheme, or that land should be added to or excluded from an existing SPZ scheme.
Can any land be within an SPZ scheme?
No. Section 24E lists land which may not be included. The list includes land in a conservation area and land identified in the development plan for the district as part of a green belt.
How long does the SPZ scheme last?
SPZ schemes take effect on the date of their adoption or approval and last for 10 years from that date. At the end of that period a scheme, and the planning permission it granted, cease to have effect except in relation to development already begun. However, there is nothing to prevent a local planning authority from designating a new SPZ covering the same area of land at the end of that 10-year period (section 24C).
Does this mean all application forms are done away with?
No. An SPZ scheme grants planning permission only for the developments it specifies and accordingly there will be occasions when a developer or landowner will wish to apply for planning permission in the normal way. Also, SPZ schemes will not grant listed building or scheduled ancient monument consent, consent for the display of advertisements or consent for the stopping up or diversion of rights of way. Further, the planning permission granted by an SPZ scheme will not provide exemption from the need to obtain tree preservation order consents.
Conclusion
The concept of an SPZ is part of the Government’s deregulation policy. The Housing and Planning Act 1986 placed a duty on relevant local planning authorities to consider as soon as practicable whether part or parts of their area could with benefit be designated an SPZ; to prepare schemes for those parts; and to keep the matter under review. However, the procedure for setting up, objecting to and determining the effect of an SPZ scheme will be a complex process and it remains to be seen how much the local planning authorities will use the new system.
The questions answered above serve no more than to put the new system into perspective and there are likely to be numerous other questions which will arise from time to time as the schemes evolve from theory into practice.