“Make health material consideration in planning and licensing law: MPs”

“The Government must make good on its commitment to health in all policies by enshrining health as a material consideration in planning and licensing law, MPs have said.

In a report on Public health post-2013, the Health Committee said it had heard evidence that this would help local government to directly improve the health of their local communities and reduce health inequalities.
“Local authorities need the levers to be able to take effective action to protect local communities and this is especially important given the cuts to their budgets,” the MPs added.

The report noted how local authorities had been dealt an in-year cut of £200m last year and now faced further real terms cuts to public health budgets.

But the MPs warned that cuts to public health and the front line services they delivered were a false economy “as they not only add to the future costs of health and social care but risk widening health inequalities”.
The committee highlighted Theresa May’s comments in her first speech as Prime Minister, where she put a reduction of health inequalities at the top of her list for action.

The committee called on the Government to recognise that tackling health inequalities and improving public health would not primarily happen in hospitals, even though hospitals received the lion’s share of health funding. “Rather, it requires a whole life course approach, tackling the wider determinants of health in local communities, effective action on prevention and early intervention, and through joined-up policy making at a national level.”

The MPs also claimed there was a “growing mismatch” between spending on public health and the significance attached to prevention in the NHS 5 Year Forward View.

The report called for a Cabinet Office minister to be given specific responsibility for embedding health across all areas of Government policy at national level.

It concluded that while there was evidence of progress locally, there was less evidence of such an approach becoming embedded across Government departments.

Health Committee Chair, Dr Sarah Wollaston MP, said: “The disappointing watering down of the childhood obesity strategy, published in August, demonstrates the gap in joined-up evidence-based policy to improve health and wellbeing. Government must match the rhetoric on reducing health inequality with a resolve to take on big industry interests and will need to be prepared to go further if it is serious about achieving its stated aims.”

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=28225%3Amake-health-material-consideration-in-planning-and-licensing-law-mps&catid=174&Itemid=99

Planners get antsy

Continual changes in the planning system have left planners without the powers they need to drive public sector-led development, the Royal Town Planning Institute has warned.

It said 73% of planners in England felt changes to the planning system had reduced their ability to deliver, and 53% thought the numerous changes had made it more difficult to ensure sufficient housing was built, while 70% felt their position was worse than it was a decade ago.
The report, Delivering the Value of Planning:

Click to access rtpi_delivering_the_value_of_planning_full_report_august_2016.pdf

[Don’t hold your breath: the authors think Cranbrook is an example of good planning!]

warned that deep budget cuts and continual changes had left England with a system that was complicated and uncertain, with planners possessing too few powers to ensure that development is well-planned and connected to transport and facilities.

RTPI president Phil Williams said: “For too long planning has been relegated to a reactive, bureaucratic function, instead of being able to plan strategically to drive development, jobs and growth.

“Public sector planners’ ability to be proactive is especially important in these uncertain times. It is absolutely crucial we resource councils’ planning teams properly, so that planners can operate strategically.”
He said planning should be more closely integrated with councils’ economic development teams, with stronger public sector-led management of land supply but also a stronger private sector role in development partnerships.
Mark Smulian

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=28135%3Acontinual-reforms-leave-planners-without-powers-they-need-rtpi&catid=63&Itemid=31

“Councillors have no power”

“Sick of seeing Falmouth planning decisions overturned by centralised bodies with no local knowledge, one woman has launched a campaign to change the “undemocratic” planning process.

Kathryn Philpott has been spurred on to launch her petition, ‘Give Our Councils The Power To Make A Decision,’ after plans for Bosvale in Falmouth went to appeal at the Planning Inspectorate in Bristol, and plans for 94 homes at Poolfield in Budock were granted on appeal. Both had been refused permission by Cornwall Council following objections from Falmouth Town Council.

She said: “I think the most important thing I have realised is that our council has no real authority.

“Right through the county people are up in arms because their local councillors have got no power to stop building on inappropriate places.

“An issue for everyone here is that they have just passed out of county permission to build on the fields leading up to Budock Church. A stunningly beautiful area.

“It was taken off our council and taken out of county for the decision.”

She added: “Can someone tell me why we have a democratic vote to elect our counsellors to work on our behalf, protecting our county, as every time a planning issue arises and is turned down it immediately goes out of our county to a person or persons that know nothing about the wishes of the general public.

“We seem to have a democracy that is ill equipped to stand up for us. In fact it is very undemocratic to take a decision of this magnitude and sweep over our local council rendering them powerless.”

Kathryn has also said that having a Neighbourhood Plan in place would prevent developers “building everywhere” – a process which is already underway.

She is concerned that current developments pay no heed to problems like drainage and sewage, or to local amenity and open space.

But she is also worried that developers are rushing to get their planning applications in now, before Falmouth’s Neighbourhood Plan comes into effect, with designated areas for housing or other development, as well as areas that cannot be built on.

She said: “People are frantically putting their applications in because they want to get in before the Neighbourhood Plan comes into place, because that will be the end of this building.”

Kathryn wants appeals to go back to Cornwall Council for reconsideration rather than to the Planning Inspectorate, and is petitioning the government to give local councils the final say on planning decisions, not just in Cornwall but nationwide.

She needs 100,000 signatures if she is to hope to have the issue debated in parliament, and so needs her petition to circulate much further than Falmouth, although she has started a physical petition at Boslowick Garage for those without access to the internet.

She said: “Now is he time if people want to act. Now is their chance, but they have got to stand up and say, it’s people power.”

To sign the petition go to: http://you.38degrees.org.uk/petitions/give-our-councils-the-power-to-make-a-decision

http://m.falmouthpacket.co.uk/news/14687745.Falmouth_campaigner_wants_to_bring_planning_power_back_to_local_people/?ref=fbshr

NIMBY – reality or slur? COVOP conference debates

“Community Voice on Planning National Conference

NIMBY – reality or slur?

Th first National Conference of CoVoP. It will take place at the Queen’s Hotel Leeds, Saturday October 15th 2016 (10.45 -3.45).

We are fortunate that we have a number of guest speakers as well as presentations from some of our trustees. We have confirmation that a cross party group of MPs will be attending and there will be a plenary session where we can address issues surrounding the National Planning Policy Framework (NPPF).

The theme of the conference is that the NPPF is not working – either for communities or the country. We will be producing a report from the meeting to present to the planning Minister to make sure that the Government gets the messages that arise from the discussions. We are determined to use this opportunity to state the case further for significant changes to the planning system.”

Hug a planner? Maybe not in East Devon …

This report might have more credence if it did not mention Cranbrook as an example of good planning when we all know its developer-led design is already falling out of favour with residents!!!!

https://eastdevonwatch.org/2015/09/14/what-mainstream-media-isnt-telling-you-about-that-dcc-cranbrook-report/

“A new report points out the benefits of listening to planners’ ideas instead of denigrating them.

If you know any planners, go out and hug them. At one time or another, most people will have reason to be grateful to their profession – for mitigating the expansion of a neighbour’s house, for example, or stopping an open-all-hours club opening in their street. We take it for granted that noxious industries can’t pop up in residential areas and that historic buildings and green spaces have some protection. This is due to planning, an area of government that is nonetheless showered with exceptional levels of derision.

Planners are faceless bureaucrats. Grey. So grey that they feel the need to brighten up their world and ours with colourful swaths of red tape. Or, worse, power-crazed social engineers who tell us how to live. They put brakes on prosperity, growth and freedom of choice. “There are countless jobs tied up in the filing cabinets of the planning regime,” said Michael Heseltine in 1979 and he thought the line so good and true that he said it again in 2012.

Actions follow these words. The planning system is endlessly being reformed, to speed it up, improve “delivery”, to save the £3bn a year that its delays are alleged to cost the economy. At the same time, planning departments are hit particularly hard by cuts in local government spending. Once councils have paid for their statutory and essential obligations, they find it easiest to squeeze apparently optional activities such as planning.

So it’s not surprising that the overwhelming majority of planners, according to a report to be published this week, believe that they cannot provide the benefits of planning due to the constraints and changes in their jobs. The report argues that reforms of the planning system often don’t work. It challenges the fantasy that, if only the bolts on the planning machine could be loosened enough, private enterprise would achieve the abundant flow of new housing that the country desires. It argues that there are economic costs to inadequate planning, such as uncertainty and the cost of poor decisions.

More than this, the report says that current demands for housing mean that planning should be strengthened, so that it can go beyond its usual role of reacting to developers’ and private citizens’ proposals. It can help remove obstacles to development such as contamination and poor infrastructure. It can assemble pieces of land to make a viable site. It can help remove risks and address the long-term quality of a place in ways that private companies often cannot.

The report cites examples of cohesive and successful developments, such as the seven-hectare Brindleyplace in Birmingham, where 12,000 jobs are now based, or the new community of Cranbrook in Devon, which may provide 7,500 homes. In these places, it says, planning played a crucial role in making private development possible.

The report is commissioned by the Royal Town Planning Institute, the professional body of planners, which will prompt the nation’s Heseltines to snort that they would say that, wouldn’t they? Certainly, it describes a world where planners are more influential and respected and better funded than they are now. Its plonky title, Delivering the Value of Planning, smells of those filing cabinets. Then again the Mandy Rice-Davies riposte could equally be applied to those housebuilders who argue for ever less planning. And rather than denigrate planners, it’s worth looking at the strengths of their arguments.

When making things that are expensive, immobile and long lived, such as construction projects, it’s common sense to consider the sum of actions in advance. When building a kitchen, you don’t just plonk down a cooker, sink and fridge and hope that they will end up in the right relationship to each other. You plan them. This gets more true as projects get larger and as space for building gets more scarce and precious, as is happening in Britain now.

Inadequate planning leads to places such as Ebbsfleet in north Kent, where huge investment has gone into its 19-minute rail connection to London, but it takes half an hour to walk from the station to the nearest house, and where some of the lakes formed by former quarry workings, potentially an asset, will be filled in. Good planning gives you places where people actually want to live, where value increases such that it can pay for more public benefits, where land is used well and homes are built at a reasonable speed. The choice is not that difficult.

http://www.theguardian.com/commentisfree/2016/aug/14/planning-policy-give-planners-more-powers?CMP=Share_iOSApp_Other

Taxpayers Alliance wants most planning rules to be abolished

“The government should scrap stamp duty and ease planning restrictions to address the worsening housing crisis, the TaxPayers’ Alliance has said today.

In a new report, the group called for “real reform” to tackle the housing shortage accusing successive governments of merely tinkering around the edges instead of dealing with underlying issues facing the sector. …

… the fundamental problem with housing markets in Britain is overly tight planning restrictions, the group suggests. The alliance urges the government to declassify swathes of green-belt land to tackle the chronic lack of new house building. For example, it estimates that allowing just 5% of the greenbelt around London to be built on will enable the city to grow by one sixth.

Taller, denser housing construction should be also encouraged, as well as more infilling, despite the likely increased pressure on traffic systems and public services.

The alliance cites the work of groups such as the Campaign to Protect Rural England, the Victorian Society, and the “thousands” of local groups who successfully protect the character of communities.

However, protecting land from development restricts the supply of new properties and inevitably raises the cost of housing, the alliance argues. It says: “The political fact is that housing cannot become more affordable unless it becomes cheaper and easier to build more of it in the places where … groups object.”

Jonathan Isaby, chief executive of the TaxPayers’ Alliance, said: “For decades politicians have failed to tackle the root causes of the housing crisis: a chronic lack of supply. What’s more, stamp duty is still punitively high and gimmicky tweaks to the tax system will ultimately end up penalising tenants and increasing rents.”

Isaby is urging new chancellor Phillip Hammond to seize the opportunity “to drastically simplify and reduce property taxes, while removing planning restrictions which prevent huge swathes of land from being built on for no good reason at all”.

http://www.publicfinance.co.uk/news/2016/07/abolish-stamp-duty-and-ease-planning-restrictions-urges-taxpayers-alliance

Communities and Local Government boss is now in “less prominent role”

“Conservative lawmaker Sajid Javid was removed from his position as business secretary by new Prime Minister Theresa May on Thursday, taking up a less prominent role leading the department responsible for local government.”

Source: Reuters

Well, that’s planning given its priority!

Our new Communities Minister – Sajid David

“Javid was born in Rochdale, Lancashire, one of five sons of parents of Pakistani descent. His father was a bus driver. His family moved from Lancashire to Stapleton Road, Bristol.

Javid was educated from 1981 to 1986 at Downend School, a state comprehensive near Bristol, followed by Filton Technical College from 1986 to 1988, and finally the University of Exeter from 1988 to 1991. At Exeter he studied economics and politics and became a member of the Conservative Party.

When he was twenty, Javid attended his first Conservative Party Conference and campaigned against the Thatcher government’s decision in that year to join the European Exchange Rate Mechanism (ERM), calling it a “fatal mistake”.

Javid joined Chase Manhattan Bank in New York immediately after university, working mostly in South America. Aged 25, he became the youngest vice-president in the history of the bank. He returned to London in 1997, and later joined Deutsche Bank as a director in 2000. In 2004 he became a managing director at Deutsche Bank and, one year later, global head of Emerging Markets Structuring.

In 2007 he relocated to Singapore as head of Deutsche Bank’s credit trading, equity convertibles, commodities and private equity businesses in Asia, and was appointed a board member of Deutsche Bank International Limited. He left Deutsche Bank in 2009 to pursue a career in politics. His earnings at Deutsche Bank would have been roughly £3m a year at the time he left.

Javid is a trustee of the London Early Years Foundation, was a governor of Normand Croft Community School, and has led an expedition to the summit of Mount Kilimanjaro, the highest mountain in Africa, to show his support of Help The Aged.”

Source: Wikipedia

Brexit and the environment

“… Boris Johnson was careful to say that deregulation “will not come in any great rush”. However, since the 2010 election, the Government has already shown some eagerness to disengage from the environmental agenda:

In December 2012 Eric Pickles made a statement to Parliament on the emerging new EIA Directive criticising the ‘regulatory creep’ of the European Union
In June 2013 the Environmental Audit Committee report on the UN Rio+20 Earth Summit noted that: ‘the Treasury appears to view the environment as a block to economic development.’

The Technical Consultation on planning carried out in 2014 stated that there was ‘over-implementation’ of environmental assessments;

In March 2015, the Code for Sustainable Homes was removed, and only partially reinstated into Building Regulations;

In July 2015, the Government announced it would no longer proceed with regulations to make all new homes carbon neutral.”

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=27567%3Adontleave-me-this-way&catid=63&Itemid=31

And that is only the tip of the iceberg. The current government has always wanted to reduce the environmental load on developers and now, with developers on the back foot, they will be inclined to put their interests first.

Exeter City Council protects its centre from out-of-town development

And the Secretary of State rules in their favour:

http://www.exeterexpressandecho.co.uk/minister-throws-out-big-edge-of-city-shopping-centre-plan-for-exeter/story-29465764-detail/story.html

Meanwhile, in Sidmouth …

Planning permission refused due to diminution of light to artists’ studios

” … The owner of a pub in East London has won a Court of Appeal battle over the grant of planning permission for a three-storey building on the site of a former nightclub next door.

The case of Forster v The Secretary of State for Communities and Local Government & Ors [2016] EWCA Civ 609 centred on a planning inspector’s grant of permission to a housing association for the demolition of a single storey building in Stepney – previously home to Stepney’s Nightclub – and the erection in its place of a three storey building with commercial uses on the ground floor and six flats on the floors above. Tower Hamlets Council had previously refused permission.

In August 2015 Mr Justice Lindblom (as he then was) dismissed a claim brought by the appellant under s. 288 of the Town and Country Planning Act 1990.

The appellant, the owner of the George Tavern, took her case to the Court of Appeal, where she argued:

There was a risk, unacknowledged by the inspector, that complaints from residents of the new flats might ultimately lead to the revocation of her late night music licence or the grant of an injunction in a private nuisance claim. This would curtail the activities that kept the George going;

There would be reduced sunlight and daylight at the George, which was used as a studio for artists and photographers and as a film location.

Giving the judgment of the Court of Appeal, Lord Justice Laws allowed the appeal on the light issue, but not on the noise issue. …”

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=27553%3Apub-owner-wins-court-of-appeal-battle-over-housing-association-development&catid=63&Itemid=31

South Hams community raising crowd funding to protect wildlife

A community in Devon taking South Hams District Council to a Judicial Review, for granting planning permission to a developer bent on destroying wildlife. The scheme also forces social tenants, against their wishes, from bungalows with gardens into flats.

The group says Council won’t protect them, so they are doing it for ourselves. They are asking for help to set a vitally- needed national precedent and stand up for the rights of wildlife, for local people and kids futures.

The campaign is for Brimhay; a close of small bungalows set around a green adjoining a wild stream valley, in the heart of Dartington village, near Totnes, Devon. The valley is home to dormice and five species of bats- all endangered and which should be protected by European legislation.

Their crowdfunding page is here:
http://www.crowdfunder.co.uk/www-dontburydartington-co-uk

Queen’s speech: planning changes

“The main elements of the Neighbourhood Planning and Infrastructure Bill are to be:

Neighbourhood Planning: the Bill will “further strengthen neighbourhood planning and give even more power to local people”; it will also strengthen neighbourhood planning by making the local government duty to support groups more transparent and by improving the process for reviewing and updating plans.

Planning Conditions: the Bill will ensure that pre-commencement planning conditions are only imposed by local planning authorities where they are absolutely necessary –

“excessive pre-commencement planning conditions can slow down or stop the construction of homes after they have been given planning permission”; the legislation will “tackle the overuse, and in some cases, misuse of certain planning conditions, and thereby ensure that development, including new housing, can get underway without unnecessary delay”.

Compulsory Purchase: the legislation will make the compulsory purchase order process “clearer, fairer and faster” for all those involved; there will be reform of the context within which compensation is negotiated; the Government’s proposals, on which it has already consulted, would consolidate and clarify more than 100 years of conflicting statute and case law; “we would establish a clear, new statutory framework for agreeing compensation, based on the fundamental principle that compensation should be based on the market value of the land in the absence of the scheme underlying the compulsory purchase”.

National Infrastructure Commission: the Bill will establish the independent National Infrastructure Commission on a statutory basis; the Commission is to provide the Government with expert, independent advice on infrastructure issues “by setting out a clear, strategic vision on the future infrastructure that is needed to ensure the UK economy is fit for 2050”; measures will “unlock economic potential across the UK and ensure that growth and opportunities are distributed across the country, boosting productivity and competitiveness through high-quality infrastructure”.

Land Registry: The new legislation will enable the privatisation of Land Registry, which will “support the delivery of a modern, digitally-based land registration service that will benefit the Land Registry’s customers, such as people buying or selling their home”; it could also return a capital receipt to the Exchequer to help reduce national debt.”

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=26998%3Afurther-changes-to-planning-system-in-prospect-following-queens-speech&catid=59&Itemid=27

Something rotten in the state of Cornwall?

Another new Cornish protest group:

Cornwall for Change
Facebook Group

A non politically aligned group looking for a change of local government in Cornwall so that we have well-informed elected members working in a system that allows them to stand up for all who live here (Ethical Governance for One and All).”

which joins

Your Kids Future Cornwall
Facebook page

Highlighting the greed and political ineptitude that threatens our children’s Cornish Futures because of uncontrolled hyper-development.”

and It’s Our Cornwall
Facebook Page:

“It’s Our Cornwall is a site dedicated to safeguarding Cornwall’s environment and defending its Cornishness. It stems from the dismay and frustration felt at the suburbanisation of Cornwall that has steamrollered over us since the 1960s. Its aim is first to make people in Cornwall more aware of what’s happening to our land. Its second aim is to help campaigning groups see the bigger picture. Its third aim is to encourage communities to resist the future mapped out for us by the developers, aided and abetted by most of our elected ‘representatives’. Its fourth aim is to stimulate discussion on how best to organise this resistance.”

YOU NEED TO BE TALKING TO EACH OTHER PEOPLE! A CORNISH INDEPENDENT ALLIANCE COULD ACHIEVE EVEN MORE THAN INDIVIDUAL SMALL GROUPS. ALTHOUGH ITS ACRONYM WOULD BE CIA!

Topsham: developers win appeal to build on green wedge

“Developers have won their appeal to build on the so-called Topsham Gap.

Now opponents are worried about a “domino effect” that could lead to more developments.

Hundreds of local people attended a planning inquiry to voice their opposition to plans for a 60-bed care home, plus more than 100 homes for over-55s.

Critics said the development would swallow up green belt land between the city and old port of Topsham.

The Planning Inspectorate has now decided that Exeter City Council was wrong to turn down the application by Waddeton Park Ltd.

The council has six weeks to make a further appeal to the High Court.

Earlier this year hundreds of protesters joined the battle over plans to build on green space separating Exeter and Topsham during a crucial public inquiry.

Banner-waving protesters made their feelings known at the start of the inquiry over proposals to develop land known as the Topsham Gap.

It followed Exeter City Council’s failure to determine Waddeton Park’s plans to build a 60-bed care home and more than 100 homes on fields next to Topsham Rugby Club.

The developer says it would provide “much-needed” housing for the area’s ageing population.

But campaign group, Save the Topsham Gap, claimed the town has its own identity and the “gap” is the last piece of land physically separating it from the city.

Organiser Lily Neal, 56, of The Topsham Bookshop, said:”It seems to come down to tough luck Topsham”

“The inspector has accepted all the developers’ arguments and are only hope was that he would accept the idea of more harm than benefit – but he hasn’t

“He says it would only cause modest harm.

“The council have six weeks to appeal but I have my doubts i it is expensive and its is the ratepayers of all of Exeter who would have to pay.

“I have to say I am worried about a possible domino effect – what’s next?”

Campaigners were anxious stop Topsham becoming just one more suburb of Exeter and retain its distinct, independent and unique identity.”

The proposals go against the council’s local plan, which designated the site a strategic “green wedge” not suitable for development.

Planning inspectorate Jonathan Bore had said he would determine the plans based on the need for additional housing in the city, and the effect on Exeter and the landscape.

http://www.exeterexpressandecho.co.uk/Topsham-Gap-homes-plan-wins-ahead/story-29193405-detail/story.html

National Trust on AONBs and planning policy

The last hundred years:
The National Trust and planning. Part One: the last hundred years

and why they are worried now:
The National Trust and planning. Part Two: Why we’re worried

The second article concludes:

The country needs more homes and there’s no reason why the planning system shouldn’t change to help deliver those homes. But fiddling with the system without a coherent approach threatens more sprawl rather than ensuring delivery of new communities where they are needed. The result is the careless loss of countryside and of the distinctiveness of England’s towns and villages.

“We need a planning system for that delivers the homes we need, and works for the economy, society and our environment. Instead, we’re in danger of ending up with a service for big developers to get housing past local communities. No one is ever going to love planning but there are good reasons why it was invented over a hundred years ago, and those reasons haven’t fundamentally changed.”

“Land bank statistics undermine attacks on planning”

New figures from the LGA show conclusively that numbers of unbuilt consented housing plots have been growing rapidly since 2012.

New research for the Local Government Association has confirmed that England has a vast surplus of consented but unbuilt housing developments, with 475,647 in builders’ land banks.

The study, carried out by Glenigan, shows unbuilt consented plots have grown rapidly since the National Planning Policy Framework was imposed in 2012. In 2012-13 there were 381,390 unimplemented plots and in 2013-14 there 443,265 despite a rapidly improving market.

“These figures conclusively prove that the planning system is not a barrier to house building,” said LGA housing spokesman Peter Box. “In fact the opposite is true, councils are approving almost half a million more houses than are being built, and this gap is increasing.”

He pointed out that, while private builders have a key role to play, they cannot solve housing shortages alone, so councils need the power to invest in homes and to force developers to build more quickly. He called for measures to address the construction skills shortage.

The analysis showed that the average time between planning consent and completion has also risen sharply. In 2008-9 it was 21 months, in 2012-13 it was 27 months but by 2014-15 it had risen to 32 months.”

https://brownfieldbriefing.com/44393/land-bank-statistics-undermine-attacks-on-planning

Yet another Conservative climb down- this time on rogue landlords and perrs vote for parish councils to oppose developers!

“Rogue letting agents will be hit by a tough new scheme to stop them running off with tenants’ cash after a Tory climbdown. Under-fire ministers added strict rules to their Housing Bill at the last minute to avoid an embarrassing House of Lords defeat. The ‘dog’s breakfast’ Tory Bill, which launches Starter Homes and extends the Right to Buy, has already suffered seven defeats and as many U-turns.

Now a new clause, drafted hours before a planned vote, will force private letting agents to put cash in Client Money Protection accounts. Until now agents could keep rent and deposits in their own accounts while passing it between landlords and tenants. But that left customers penniless if agents went bust or ran off criminally with the cash. …

… The rules were approved without opposition by the House of Lords.

Tory Housing Minister Baroness Williams said she was pleased to wave through the change after working with Labour and the Lib Dems. She added: “I listened very carefully to the points they’ve made.”

But meanwhile, the Housing Bill still suffered its seventh defeat tonight.

Peers voted 251-194 to let parish councils and neighbourhood forums appeal against developments which ride roughshod over their overall plans for the local area.

http://www.mirror.co.uk/news/uk-news/tough-new-laws-force-rogue-7797054

Parish councils don’t need the right to appeal planning decisions says government

“The Government has responded to the petition you signed – “Give parish councils the right to appeal planning decisions.”.

Government responded:

The Government places great importance on community involvement in the planning system. Parish councils have statutory rights to contribute their views in the planning process.

The planning system is centred on community involvement. Communities, including parish councils and individual members of the public, have statutory rights to become involved in the preparation of the Local Plan for their area, through which they can influence development in their area. The local community can also come together to produce a neighbourhood plan, which sets out how the community want to see their own neighbourhood develop. Neighbourhood plans are often initiated by parish councils. Local and neighbourhood plans form the basis for decisions on planning applications.

In addition to input on local plans and neighbourhood plans, which set out the local development strategy, communities are also able to make representations on individual planning applications. Interested parties can raise all the issues that concern them during the planning process, in the knowledge that the decision maker will take their views into account, along with other material considerations, in reaching a decision.

The right of appeal following the refusal of an application is an important part of a planning system which controls the ability of an individual to carry out their development proposals. The existing right of appeal recognises that, in practice, the planning system acts as a control on how an individual may use their land. As a result, the Government believes it is right that an applicant has the option of an impartial appeal against the refusal of planning permission. This existing right of appeal compensates for the removal of the individual’s right to develop.

However, the Government does not believe that a right of appeal against the grant of planning permission for communities, including parish councils, is necessary. The Government considers that communities already have opportunity to guide and inform local planning issues via Local Plans and Neighbourhood Plans, and it would be wrong for them to be able to delay a development at the last minute, through a community right of appeal, when any issues they would raise at that point could have been raised and should have been considered during the earlier planning application process. The Government does not think that the planning system would benefit from the grant of a community right of appeal which would lead to added delay, uncertainty and cost for all those involved.

Department for Communities and Local Government

Click this link to view the response online:

https://petition.parliament.uk/petitions/110489?reveal_response=yes

Stuart Hughes is top of the (grand)pops …

For some reason, several older posts on EDW have been extraordinarily popular recently.

This one from 2015 (apparently designed to appeal to young people just before last year’s local council elections) topped our chart this week: current EDDC chairman Stuart Hughes with his take on exactly how his council approaches its planning responsibilities:

https://eastdevonwatch.org/2015/05/29/new-eddc-chairman/

Anywhere … did people not understand he was totally serious?