Category: Glossary

Authority Monitoring Report (AMR)

The Authority Monitoring Report (AMR) is a document produced annually by local planning authorities in the United Kingdom. It monitors and reports on the implementation and effectiveness of local planning policies and the progress made towards achieving the objectives set out in the local development plan.

The AMR has two purposes:

  • To monitor progress towards local development documents.
  • To monitor the effectiveness of policies set out in local development document.

Key Objectives

Policy Implementation
  • Assess how effectively the local planning policies are being implemented.
  • Identify any areas where policies are not being followed or need adjustment.

Housing Delivery
  • Track the delivery of new homes within the local authority area.
  • Compare housing delivery against targets set in the local development plan and the National Planning Policy Framework (NPPF).
Land Supply
  • Evaluate the availability and deliverability of housing land supply.

  • Ensure a sufficient five-year housing land supply is maintained.

Development Progress
  • Report on the progress of major development projects.

  • Monitor the implementation of infrastructure and other critical projects that support development.

Local Development Scheme (LDS)
  • Track the progress of documents included in the Local Development Scheme.

  • Ensure that the timetable for preparing local development documents is adhered to.

Sustainability and Environmental Impact:
  • Monitor the impact of development on the environment.

  • Ensure sustainable development practices are being followed.

Components of an AMR

Housing and Employment Data
  • Detailed statistics on housing completions, permissions, and housing land availability.

  • Employment land data and progress on commercial developments.

Infrastructure Delivery
  • Information on the progress of infrastructure projects, including transportation, education, and healthcare facilities.
Environmental Monitoring
  • Data on environmental indicators such as air quality, biodiversity, and green space provision.
Community Engagement
  • Reports on public consultations and stakeholder engagement activities.
Policy Review and Updates
  • Analysis of the effectiveness of current policies.

  • Recommendations for policy updates or new policy development.

Significance

  • The AMR is essential for maintaining transparency and accountability in the planning process.

  • It provides valuable insights into the performance of the local planning authority and helps guide future policy decisions.

  • Ensures that local planning policies remain relevant and effective in meeting the needs of the community.

Legal Requirement

  • The production of an AMR is a statutory requirement under the Planning and Compulsory Purchase Act 2004.

  • Local planning authorities must publish the AMR annually to ensure compliance with planning regulations

For more detailed information, you can visit East Hampshire District Council’s Authority Monitoring Report page.

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Housing Delivery Test (HDT)

The Housing Delivery Test (HDT) is a measure introduced by the UK government to assess the performance of local planning authorities in delivering new homes. It compares the number of homes required to be built in a local authority area against the number of homes actually delivered over a three-year period.

Purpose

The HDT aims to ensure that local authorities are meeting their housing needs and contributing to the overall national housing targets. It encourages local authorities to take a proactive approach to housing delivery and address any barriers to development.

Calculation
  • The HDT is calculated as a percentage by dividing the total net homes delivered over the past three years by the total homes required over the same period.
  • The housing requirement figures are based on the housing targets set out in the local development plan or, if these are not up-to-date, the government’s standard method for calculating housing need.

Consequences of Failing the HDT
  • 95% and Above: If the HDT result is 95% or above, the local authority is considered to be performing well in delivering the required housing.
  • 85% to 94%: If the result is between 85% and 94%, the local authority must prepare an action plan to identify and address the causes of under-delivery.
  • 75% to 84%: If the result is between 75% and 84%, the local authority must prepare an action plan and provide a 20% buffer on its five-year land supply to ensure more housing sites are available.
  • Below 75%: If the result is below 75%, the presumption in favour of sustainable development applies, meaning that planning applications should be granted unless the adverse impacts significantly and demonstrably outweigh the benefits, as assessed against the NPPF as a whole.

Key Points
  • The HDT holds local authorities accountable for delivering housing and encourages them to take corrective actions if they are underperforming.
  • It provides a clear and measurable way to assess housing delivery performance.
  • The test aims to boost housing supply and ensure local authorities are proactive in meeting their housing targets.

Impact on Planning
  • When local authorities fail to meet the HDT thresholds, it can lead to a more favourable environment for developers, as the presumption in favour of sustainable development makes it harder for local authorities to refuse planning applications.
  • Local authorities are encouraged to identify and overcome obstacles to housing delivery, such as issues with land availability, planning permissions, and infrastructure constraints.

By using the Housing Delivery Test, the government seeks to address the housing shortage and ensure that the necessary homes are being built to meet the needs of the population.

Meaning of ‘When Assessed Against the NPPF as a Whole’

The phrase “when assessed against the NPPF as a whole” means that any decision regarding whether the adverse impacts of a development outweigh its benefits should be made by considering the entire set of policies and principles outlined in the National Planning Policy Framework (NPPF).

THIS COMPREHENSIVE ASSESSMENT ENSURES THAT DECISIONS ARE NOT BASED ON ISOLATED POLICIES OR CRITERIA BUT TAKE INTO ACCOUNT THE OVERALL GOALS AND OBJECTIVES OF THE NPPF, INCLUDING:

1. Sustainable Development: The core principle of the NPPF is to achieve sustainable development, balancing economic, social, and environmental factors.


2. Protecting the Environment: Ensuring that development does not harm the natural, built, and historic environment.


3. Promoting Healthy Communities: Supporting strong, vibrant, and healthy communities with access to a range of local services.


4. Good Design: Encouraging high-quality design in new developments.


5. Supporting Economic Growth: Promoting economic growth and job creation.


6. Transport and Infrastructure: Ensuring that transport and other infrastructure needs are met.


7. Meeting Housing Needs: Providing sufficient housing to meet the needs of present and future generations.


8. Plan-Led System: Emphasising the importance of local plans that reflect the vision and aspirations of local communities.

By assessing a development proposal “against the NPPF as a whole” decision-makers ensure a balanced and holistic approach, considering all relevant policies and their interrelationships rather than focusing narrowly on individual aspects. This helps to achieve well-rounded and sustainable planning outcomes.

NPPF, Paragraph 11: Why EHDC’s Failure to Maintain an Up-to-Date LDP and Meet Land Supply Targets Puts Us All at Risk

The National Planning Policy Framework (NPPF) has specific provisions to address situations where local authorities have an outdated local development plan or are behind in delivering the required land supply.

Key Provisions of the NPPF

Presumption in Favour of Sustainable Development

Paragraph 11:

  • The NPPF establishes a presumption in favour of sustainable development. When the local plan is outdated, this presumption is particularly significant.


Decision-Making:

For decision-making, this means approving development proposals that accord with an up-to-date development plan without delay. When there are no relevant development plan policies or the policies are out-of-date, permission should be granted unless:

  • The adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the NPPF as a whole.
  • Specific policies in the NPPF indicate that development should be restricted (e.g., Green Belt, designated heritage assets).

Housing Delivery and Land Supply

Five-Year Housing Land Supply:

  • Local planning authorities are required to identify and update annually a supply of specific deliverable sites sufficient to provide a minimum of five years’ worth of housing against their housing requirement.
  • If the local authority cannot demonstrate a five-year supply of deliverable housing sites, the relevant policies for the supply of housing are considered out-of-date.


Housing Delivery Test:

  • The Housing Delivery Test measures the number of homes delivered in a local authority area against the homes required. If delivery falls below certain thresholds, the presumption in favour of sustainable development applies.
Out-of-Date Plans

Paragraph 14:

  • When a local plan is out-of-date, local authorities should continue to grant permission unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits, considering the policies in the NPPF.


Updating Local Plans:

  • Local authorities are encouraged to update their plans every five years to reflect changing circumstances, such as changing housing needs and the availability of new data.

Example Scenario

Scenario: A local authority is behind on delivering its five-year housing land supply and has an outdated local development plan.

Application: A developer submits a planning application for a residential development.

Decision-Making:

  • The local authority must consider the presumption in favour of sustainable development due to its inability to demonstrate a five-year housing land supply.

  • The authority will weigh the benefits of the development (e.g., contribution to housing supply) against any potential adverse impacts.

  • The authority will also assess the proposal against the policies in the NPPF, including those related to environmental protection, design, and infrastructure.

Conclusion

The NPPF plays a critical role in guiding development when local authorities have outdated plans or insufficient land supply.

It ensures that sustainable development can proceed while balancing the need for housing and growth with environmental and community considerations (???).

Local authorities are encouraged to update their plans regularly to maintain control over development and align with the broader objectives of the NPPF.

National Planning Policy Framework (NPPF)

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Definition

The National Planning Policy Framework (NPPF) is a key document that sets out the government’s planning policies for England and how these are expected to be applied. It provides a framework within which local councils can produce their own distinctive local and neighbourhood plans, which reflect the needs and priorities of their communities.

Key Principles
  • Sustainable Development: The NPPF promotes sustainable development, balancing economic growth, social inclusion, and environmental protection.
  • Presumption in Favour of Sustainable Development: There is a general presumption in favour of sustainable development, meaning that development proposals that accord with up-to-date local plans should be approved.
  • Plan-Making: Local plans should be prepared positively, seeking opportunities to meet the development needs of their area, and be sufficiently flexible to adapt to rapid change.
  • Development Management: Encourages the development of high-quality and well-designed places that respect the character of the local environment and contribute to community wellbeing.
  • Protecting the Environment: Emphasizes the protection of the natural, built, and historic environment, including policies on biodiversity, landscape, and heritage conservation.
  • Community Involvement: Supports the involvement of local communities in plan-making and decision-making processes.
Key Components
  • Core Planning Principles: The framework sets out core principles to guide planning decisions and policies.
  • Housing and Economic Development: Policies to ensure that sufficient land is available to meet housing and economic development needs.

  • Sustainable Transport: Policies to promote sustainable transport and reduce the need to travel by car.

  • Good Design: Encourages high-quality design in all developments.

  • Climate Change and Flooding: Policies to support the transition to a low-carbon future and manage risks associated with flooding and coastal change.

  • Natural and Historic Environment: Protection and enhancement of the natural and historic environment.

Website: National Planning Policy Framework (NPPF)

Section 106 Agreements

Purpose

  • Section 106 (S106) agreements, also known as planning obligations, are legal agreements between local authorities and developers.
  • They are used to mitigate the impact of new developments on the local community and infrastructure.

Key Features

  • Negotiated Obligations: S106 agreements are negotiated between the developer and the local planning authority. They are specific to the development and address particular impacts.
  • Types of Contributions: These can include financial contributions, the provision of affordable housing, infrastructure improvements (such as roads, schools, and parks), and other community benefits.
  • Site-Specific: S106 agreements are tailored to the specific needs and impacts of the individual development site.

Process

  • Negotiation: During the planning application process, the local authority and the developer negotiate the terms of the agreement.
  • Legal Binding: Once agreed upon, the S106 agreement is legally binding and enforceable. It must be completed before the planning permission is granted.
  • Implementation: The obligations outlined in the agreement must be fulfilled as the development progresses.
Negotiation vs. Standard Charge: Section 106 Agreements vs. Community Infrastructure Levy (CIL)

Community Infrastructure Levy (CIL)

Purpose

The Community Infrastructure Levy (CIL) is a standard charge that local authorities can levy on new developments to fund broader infrastructure projects.

Key Features

  • Standard Charge: Unlike S106 agreements, CIL is a fixed charge based on the size and type of development. It is not negotiable and applies uniformly within the charging authority’s area.
  • Use of Funds: CIL funds are used to support infrastructure needs across the local authority area, such as transportation, education, healthcare, and recreational facilities.
  • Transparency: The rates are set out in a published charging schedule, providing clarity and predictability for developers.

Process

  • Charging Schedule: Local authorities develop a CIL charging schedule, which is subject to public consultation and independent examination.
  • Payment: Developers pay the CIL charge upon commencement of the development. The amount is based on the floor area of the new development.
  • Allocation of Funds: The collected funds are allocated to infrastructure projects identified in the authority’s infrastructure delivery plan.
Negotiation vs. Standard Charge: Section 106 Agreements vs. Community Infrastructure Levy (CIL)

Health Contributions Approach

The term “Health Contributions Approach” refers to a framework used by NHS England to assess and secure financial contributions from developers to mitigate the impact of new developments on local healthcare services. This approach ensures that healthcare infrastructure, such as GP surgeries and other primary care facilities, can accommodate the increased demand resulting from new housing developments.

What Does the Health Contributions Approach Entail?

Assessment of Healthcare Impact: This approach involves evaluating the existing capacity of local healthcare services and determining the additional demand that will be generated by the new development. It includes both current and projected healthcare needs.

Securing Financial Contributions: Based on the assessment, developers may be required to contribute financially towards the expansion or enhancement of healthcare infrastructure. This is often facilitated through Section 106 agreements or the Community Infrastructure Levy (CIL).

Collaboration with Local Authorities and NHS: The approach is implemented in collaboration with local planning authorities and NHS bodies, ensuring that the health needs of the community are considered in the planning process.

The “Health Contributions Approach” is part of a broader strategy to ensure that new developments do not negatively impact local healthcare services. This approach involves assessing the capacity of existing healthcare services and determining the need for additional infrastructure or financial contributions from developers to support the increased demand. This process is guided by frameworks and guidelines set out by NHS England and involves collaboration between local planning authorities and healthcare providers to ensure sustainable development and adequate healthcare provision.

Material Planning Considerations: Heritage and Conservation

Heritage and Conservation considerations focus on the protection and enhancement of historic and culturally significant buildings, structures, landscapes, and areas. These considerations ensure that new developments respect and preserve the historical and architectural integrity of heritage assets while contributing to the area’s overall character and identity.

Key Components of Heritage and Conservation Considerations

Listed Buildings
  • Definition: Buildings of special architectural or historic interest protected by law. They are categorized into grades (Grade I, Grade II*, and Grade II) based on their significance.
  • Assessment: Evaluate the impact of the proposed development on the character, setting, and fabric of listed buildings. Ensure that any alterations or extensions are sympathetic to the building’s historic value.

Conservation Areas
  • Definition: Areas designated for their special architectural or historic interest, where the character and appearance are desirable to preserve or enhance.
  • Assessment: Consider the impact of the development on the character and appearance of the conservation area. Ensure that new buildings or modifications contribute positively to the area’s historic character.

Historic Parks and Gardens
  • Definition: Landscaped areas of historic interest registered for their special historic value.
  • Assessment: Evaluate the impact on the layout, design, and features of historic parks and gardens. Ensure that developments do not harm the historical integrity of these spaces.

Archaeological Sites
  • Definition: Sites of archaeological significance, including those with potential undiscovered remains.
  • Assessment: Consider the impact on known and potential archaeological sites. Ensure that appropriate archaeological investigations are carried out and that significant finds are preserved.

World Heritage Sites
  • Definition: Sites of outstanding universal value designated by UNESCO.
  • Assessment: Evaluate the impact on the setting and integrity of World Heritage Sites. Ensure that developments respect the site’s global significance.

Non-Designated Heritage Assets
  • Definition: Buildings, monuments, sites, places, areas, or landscapes identified by local planning authorities as having heritage significance but not formally designated.
  • Assessment: Consider the impact on non-designated heritage assets, ensuring that their contribution to local character and history is respected.

Historic Landscapes and Townscapes
  • Definition: Areas with historical and cultural significance, including historic urban layouts and rural landscapes.
  • Assessment: Evaluate the impact on historic landscapes and townscapes, ensuring that developments respect historical patterns and features.

How Heritage and Conservation Considerations Influence Planning Decisions

1. Heritage Impact Assessments:

  • These assessments evaluate the significance of heritage assets and the impact of proposed developments on their value. They help planners understand the potential effects and necessary mitigation measures.


2. Conservation Area Appraisals:

  • Detailed appraisals of conservation areas provide guidance on managing change within these areas, ensuring that new developments enhance or preserve their character.


3. Consultation with Heritage Bodies:

  • Input from heritage organisations, such as Historic England, local conservation officers, and archaeological societies, is crucial. Their expertise helps assess the impact on heritage assets and guide appropriate mitigation strategies.


4. Policy Compliance:

  • Developments must comply with national and local heritage conservation policies, including those outlined in the National Planning Policy Framework (NPPF) and local planning documents.


5. Balancing Development and Preservation:

  • Planning authorities must balance the need for new development with the importance of preserving heritage assets. Proposals that significantly harm heritage assets are less likely to be approved unless they provide substantial public benefits.

Importance in Planning Applications

1. Cultural and Historical Value:

  • Protecting heritage assets ensures that the cultural and historical values are preserved for future generations, maintaining a sense of identity and continuity.

2. Aesthetic and Architectural Quality:

  • Heritage and conservation considerations help maintain and enhance the aesthetic and architectural quality of an area, contributing to its overall appeal and distinctiveness.


3. Tourism and Economy:

  • Preserved heritage sites and areas can attract tourism, contributing to the local economy and supporting businesses.


4. Community Identity and Pride:

  • Heritage assets often play a significant role in community identity and pride. Preserving these assets helps maintain local character and fosters a sense of belonging among residents.


5. Sustainable Development:

  • Reusing and adapting historic buildings and structures for new uses can contribute to sustainable development by reducing the need for new construction and preserving resources.


Conclusion


By thoroughly considering heritage and conservation in planning applications, planning authorities can ensure that new developments respect and enhance the historical and cultural significance of an area. This holistic approach helps balance development needs with the preservation of heritage assets, promoting sustainable growth while protecting the unique character and identity of communities.

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Material Planning Considerations: Residential Amenity

Residential Amenity refers to the overall quality of life and comfort experienced by residents in their homes and neighbourhoods. When evaluating planning applications, authorities consider how a proposed development will impact the living conditions of nearby residents and the general ambiance of the area.

Key Components of Residential Amenity Considerations

Privacy and Overlooking
  • Loss of Privacy: Assess whether the proposed development will lead to overlooking issues, where residents’ private spaces are intruded upon by neighbouring buildings or structures.
  • Separation Distances: Evaluate the distances between buildings to ensure adequate privacy is maintained for existing and future residents.

Daylight and Sunlight
  • Access to Daylight: Consider the impact on the amount of natural light available to existing properties. Developments should not significantly reduce the daylight reaching nearby homes.

  • Sunlight: Ensure that the development does not excessively overshadow gardens, balconies, or other outdoor spaces, reducing the sunlight available to these areas.

Noise and Disturbance
  • Construction Noise: Assess the potential noise generated during the construction phase and its impact on nearby residents.
  • Operational Noise: Evaluate the noise levels from the proposed development once operational, such as noise from commercial activities, traffic, or recreational facilities.

Outlook and Visual Amenity
  • Visual Impact: Consider how the development affects the views from existing properties. An unsightly development can negatively impact the visual amenity of residents.
  • Building Height and Scale: Evaluate whether the height and scale of the development are in keeping with the surrounding area, ensuring it does not dominate the skyline or create a sense of enclosure.

Odour and Air Quality
  • Odour Control: Assess whether the development could generate unpleasant odours that would affect nearby residents, such as from waste management facilities or certain industrial processes.
  • Air Quality: Evaluate the impact of the development on local air quality, considering both construction activities and long-term operational emissions.

Traffic and Parking
  • Traffic Congestion: Consider the potential increase in traffic congestion and its impact on the residential amenity, such as noise, pollution, and safety concerns.
  • Parking Availability: Assess whether the development provides adequate parking and does not lead to overspill parking in nearby residential streets.

Light Pollution
  • Artificial Lighting: Evaluate the impact of external lighting from the development on nearby residential properties, ensuring it does not cause excessive glare or light trespass.

Community Facilities and Open Space
  • Access to Amenities: Consider the impact on access to community facilities, parks, and open spaces. A development that reduces access to these amenities can negatively impact residential amenity.
  • Provision of Green Spaces: Assess whether the development includes adequate green spaces and recreational areas for residents.

How Residential Amenity Considerations Influence Planning Decisions

1. Impact Assessments:

  • Planning authorities often require detailed impact assessments to understand the potential effects of a development on residential amenity. These assessments can include sunlight and daylight studies, noise impact assessments, and traffic studies.


2. Mitigation Measures:

  • Developers may need to propose mitigation measures to address potential negative impacts on residential amenity. These measures can include landscaping, soundproofing, modified building designs, and restricted operating hours for commercial activities.


3. Compliance with Local Policies and Guidelines:

  • Proposals must comply with local planning policies and guidelines that protect residential amenity. These policies often set out specific criteria for privacy, daylight, noise, and other factors.


4. Public Consultation:

  • Input from local residents and stakeholders is crucial in assessing the impact on residential amenity. Public consultations provide an opportunity for residents to express their concerns and for developers to address them.


5. Balancing Benefits and Impacts:

  • Planning authorities must balance the benefits of a proposed development, such as housing provision or economic growth, against the potential negative impacts on residential amenity. Developments that significantly harm residential amenity are less likely to be approved.

Importance in Planning Applications

1. Quality of Life:

  • Protecting residential amenity ensures that the quality of life for existing and future residents is maintained or enhanced. This includes ensuring privacy, access to natural light, and a peaceful living environment.


2. Sustainable Development:

  • Consideration of residential amenity is essential for promoting sustainable development. Developments that negatively impact residents are not sustainable in the long term.


3. Community Cohesion:

  • Ensuring that developments enhance rather than detract from the local environment helps to maintain community cohesion and pride in the area.


4. Legal and Policy Compliance:

  • Adherence to policies and guidelines related to residential amenity is a legal requirement, and failure to comply can result in planning applications being refused or legal challenges.


5. Economic Value:

  • High-quality residential environments can enhance property values and attract investment, contributing to the overall economic health of an area.


Conclusion
By thoroughly considering residential amenity in planning applications, planning authorities can ensure that new developments contribute positively to the living conditions of residents and the overall quality of the local environment. This comprehensive approach helps balance development needs with the well-being and comfort of the community, promoting sustainable and harmonious growth.

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