by Barry Denyer-Green
Although the Housing and Planning Act 1986 received Royal Assent over a year ago, two important provisions in it on planning have only recently been brought into effect. This article explains the new regulations on simplified planning zones and changes relating to the preparation of local plans.
Simplified planning zones
Part II of the 1986 Act introduced the planning concept of the Simplified Planning Zone (SPZ). New sections 24A-24E and a new Schedule 8A were added to the Town and Country Planning Act 1971 and similar provisions were added to the Town and Country Planning (Scotland) Act 1972. The Town and Country Planning (Simplified Planning Zones) Regulations 1987 (SI 1987 no 1750) came into force on November 2 1987 and at the same time the Department of the Environment published Circular 25/87 describing the purpose of SPZs and the procedures involved.
An SPZ is an area where an SPZ scheme is in force. Where such a scheme has been adopted or approved, the effect is that planning permission is deemed to be granted for development specified in the scheme or for any development of any class so specified. The SPZ concept is based upon the planning arrangements in enterprise zones designated under the Local Government, Planning and Land Act 1980.
When in force, an SPZ scheme will operate rather like a local general development order; an express application for planning permission for development specified in the scheme will not have to be made. The deemed planning permissions granted by a scheme may be either unconditional or subject to such conditions, limitations or exceptions as may be specified.
Section 24A(4) places a duty on every local planning authority to consider the desirability of making SPZs for any parts of their area and to keep the question under review. The district planning authority are required to prepare a scheme for any part of their area they think desirable for such a purpose. Nothing in an SPZ scheme shall affect the right of a person to carry out something that is not a development, or is development and either has planning permission or does not need it. However, development permitted by the SPZ scheme shall prevail over any limitation or restriction imposed under a planning permission outside the scheme.
It is the Government’s hope that most SPZs are likely to be in older urban areas where additional stimulus is needed to promote regeneration and encourage economic activities. But Circular 25/87 points out that there may be situations in other areas where carefully designed SPZ schemes could be of benefit.
An SPZ scheme takes effect on the date of its adoption or approval and then ceases to have effect at the end of a period of 10 years. Planning permissions available under the scheme cease at the same time unless the development authorised by such a planning permission has by then begun (section 24C).
SPZs cannot be made to cover land in national parks, conservation areas, areas of outstanding natural beauty, approved green belt, and sites of special scientific interest notified under the Wildlife and Countryside Act 1981.
Nor can an SPZ scheme give permission for development that is a county matter, such as mineral working or waste disposal (Town and Country Planning (Simplified Planning Zones) (Excluded Development Order 1987 (No 1849)).
The conditions and limitations on planning permission that may be deemed granted under an SPZ may include conditions or limitations in respect of all development permitted by the scheme or just particular descriptions of development. Conditions or limitations may require the consent, agreement or approval of the local planning authority in relation to particular descriptions of permitted development (section 24B). Any advantage to be gained by the establishment of SPZs might be lost if local planning authorities introduce too many conditions or limitations, especially those requiring the agreement or approval of the authority itself. The whole purpose of SPZs is to encourage development and to discourage the delay and disincentive that are frequently features of the planning system at work.
Preparation of SPZ schemes
Schedule 8A sets out the procedure for the making, adoption or approval of SPZ schemes. In essence a scheme specifies the types of development for which planning permission is deemed granted, without need of an express application, in the area defined in the scheme. Any conditions, limitations or exceptions that are to apply must also be defined.
The scheme consists of a map, 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.
One of the more interesting provisions, found in para 3 of Schedule 8A, is the right of any person to request a local authority to make or alter an SPZ scheme. If the authority refuse to do so or do not within three months from the request decide to do so, the person making the request can require the local planning authority to refer the matter to the Secretary of State for the Environment unless an SPZ scheme relating to the whole or part of the land specified in the request has been adopted or approved within the 12 months preceding the request.
It will therefore be quite in order for landowners or developers to seek the making of an SPZ scheme for land in which they have development interests. However, practitioners must be warned that the procedure for making such a scheme is somewhat elaborate. Where the Secretary of State does consider a private request to make an SPZ scheme, he may, after considering the matter and any written representations by the applicant or the authority, give a direction to the local planning authority. The effect of an SPZ direction is that the local planning authority must then put into effect the appropriate procedures for making, and, where appropriate, altering, an SPZ scheme in accordance with the direction.
When a local planning authority propose to make or alter an SPZ scheme, they must take such steps as to ensure that adequate publicity for their proposals is given in the area of the scheme and give opportunities to those who may be expected to make representations to do so. A period of six weeks is prescribed by the 1987 regulations as the period for the making of any representations or objections (regulations 3 and 4). The details of the SPZ scheme must be given local publicity, and the place and times at which copies of the proposed scheme can be inspected by the public made clear. It is to be hoped that local planning authorities will stick to the guidance of the Secretary of State and use terminology describing classes of development that is the same as or similar to the terminology already used in the existing general development or Use Classes Order.
Where objections are made to an SPZ scheme, the local planning authority will have to arrange for a public local inquiry or other hearing for considering those objections unless all the objectors indicate in writing that they do not wish to appear (regulation 8 of the 1987 regulations). The arrangements for these public local inquiries are the same as those for local plans. The inspector, appointed to conduct the inquiry or hearing, prepares a report which must be considered by the local planning authority. The authority are then required by regulation 8 to prepare a statement of the decisions they have made in the light of the report and their reasons for those decisions. The decisions will cover any proposed modifications the local planning authority may think appropriate in the light of the inspector’s report.
Following the expiration of the six-week objection period and, where appropriate, the proper consideration of the report of the inspector holding the public inquiry or hearing, the local planning authority can adopt by resolution their proposals for making the SPZ scheme, either as originally drafted or as subsequently modified. However, there are two qualifications to this power to adopt the SPZ scheme. All objections duly made must be taken into account as well as any other considerations which appear to be material: somewhat unusually, a model form of objection is found in Appendix A to Circular 25/87. The other qualification is that the Secretary of State has not used his power under para 10 of Schedule 8A to call in the proposals (copies of the SPZ scheme must be sent to him in any event).
The Secretary of State has power, if it appears to him that the proposals are unsatisfactory, to direct the local planning authority to consider modifying the proposals as indicated in his direction. Additionally, the Secretary of State may direct that the proposals shall be submitted to him for his approval. In that event the authority are not permitted to take any further steps for the adoption of the proposals, including the holding or proceeding with a local inquiry or other hearing. If the Secretary of State directs that the proposals shall require his approval, they will have no effect until approved by him and cannot be adopted by the local planning authority. The Secretary of State is entitled to approve the proposals submitted to him, in whole or in part, and with or without modifications, or to reject them (para 11 of Schedule 8A).
When an SPZ scheme has been formally adopted or approved by the Secretary of State, article 21 of the Town and Country Planning General Development Order 1977 (as amended) requires that the local planning authority keep a register containing brief particulars of all SPZs in their area.
Para 12 of Schedule 8A gives to the Secretary of State default powers where he is satisfied, after holding a local inquiry or hearing, that the local planning authority are not taking the steps necessary to enable them to prepare or adopt an SPZ scheme or proposals within a reasonable period. The Secretary of State is entitled to make such a scheme as he thinks fit.
Related planning matters
Circular 25/87 makes clear that an SPZ scheme grants planning permission only for the development it specifies. The scheme does not grant listed building consent, scheduled ancient monument consent, consent for the display of advertisements or consent for the stopping up or diversion of any public right of way. It will still be necessary to obtain the appropriate approval under building regulations and any necessary consent to fell, top or lop trees protected by tree preservation orders.
Amendments to local plan provisions
The Housing and Planning Act 1986 made three main changes to the local plan provisions, and did so by substituting sections 11 to 15B, as set out in Part I of Schedule 10 to the Act, for sections 10C to 15B of the Town and Country Planning Act 1971. Although many of the amendments are the result of a tidying up of the previous provisions, some new powers have been introduced.
Every county planning authority is required to maintain a “local plan scheme”, setting out a programme for the making, alteration, repeal or replacement of local plans for areas in the county, except those in a national park, for which local plans are required. New section 11A states that the scheme must specify the title, nature and scope of each local plan; specify in words or with a map the boundaries of the area to which each local plan is to apply; designate the local planning authority, whether county or district, responsible for each plan; and, where appropriate, indicate the relationship between the local plans.
Most local plans will be prepared by district planning authorities, and county planning authorities will prepare local plans only for matters for which they have responsibility, for example, minerals or perhaps transport.
The local plan scheme is not subject to the Secretary of State’s approval, but a district planning authority can make representations to the Secretary of State if they are dissatisfied with a scheme. He then has powers to amend the scheme where appropriate.
Section 12A of the 1971 Act now provides a short procedure to be used for the alteration, repeal or replacement of a local plan at the discretion of the local planning authority. The full procedure involves a period for publicity and consultation and a further period for the making of objections following the deposit of the proposals. Under the short procedure, these two periods are combined where the planning authority believe the issues are not of sufficient importance to warrant the full procedure.
New section 14 gives to the Secretary of State a new power to direct a local planning authority to consider modifying their local plan proposals. The power to issue such a direction arises only where the Secretary of State considers the local plan proposals to be unsatisfactory and where he is concerned about proposals that are inconsistent with national, regional or structure plan policies.
The Town and Country Planning (Structure and Local Plans) (Amendment) Regulations 1987 (SI 1987 no 1760) make the appropriate amendments to the Town and Country Planning (Structure and Local Plans) Regulations 1982 to give effect to the directions that can be made by the Secretary of State under this new power. The direction will indicate in general terms the effect to be achieved by the modifications. The local planning authority receiving the direction must decide what changes to their proposals would be necessary to remedy the matters that are regarded as unsatisfactory. They must then go through the normal procedure for introducing a modification to proposals for the making of a local plan and, following those procedures, must advise the Secretary of State of the modifications they have made. Finally, it is for the Secretary of State to decide whether he is satisfied with the modifications made.
Conclusions
One of the Secretary of State’s objectives is to speed up the planning process. In theory such concepts as SPZs would appear appropriate to fulfil such an objective. However, as is common with so much of the planning legislation we have today, the regulations provide many opportunities for parties to make objections and representations, and public inquiries or hearings may have to be held. Another difficulty is the increasing use of the process of judicial review whereby local planning authorities and others seek to question in the courts the administrative decisions of the Secretary of State or other authorities. There is much evidence of this in recent years, and a good example is the history of the Hammersmith Broadway site. The new powers introduced by this Act have not reduced the scope of these opportunities to delay development.