Category: Magazine

Tilted Balance

The “tilted balance” is applied when assessing planning applications, particularly under specific circumstances where local planning policies are not up-to-date or where there is an insufficient supply of deliverable housing sites. This approach ensures that development needs, particularly housing, are met in a timely and sustainable manner.

Key Situations for Applying Tilted Balance

Lack of a Five-Year Housing Land Supply

If the local planning authority cannot demonstrate a five-year supply of deliverable housing sites, the “tilted balance” comes into play. This shifts the presumption towards granting planning permission to address the shortfall.

Out-of-Date Policies

If local planning policies are considered out-of-date, such as when they do not align with current national policies or do not reflect recent development needs, the “tilted balance” favours granting permission unless there are significant adverse impacts.

Principle

Under the “tilted balance,” planning permission should be granted unless:

1. The adverse impacts of granting permission would significantly and demonstrably outweigh the benefits when assessed against the policies in the NPPF taken as a whole.

2. Specific policies in the NPPF indicate that development should be restricted.

Application in Decision-Making

1. Assessment of Benefits and Harms: Decision-makers must carefully weigh the benefits of the proposed development (such as addressing housing shortages and economic growth) against any potential harms (such as environmental impact, loss of green space, and infrastructure strain).

2. Sustainable Development: The core aim is to promote sustainable development. Even if a development has some negative impacts, it may still be approved if the overall benefits, particularly in terms of sustainability, are deemed greater.

Example Scenario:

A local authority in a rural area has not updated its Local Development Plan for several years and cannot demonstrate a five-year supply of housing land. A developer proposes a new housing estate on the edge of a village. Despite some concerns about increased traffic and pressure on local services, the development would provide much-needed affordable housing and contribute to the local economy.

In this case, the “tilted balance” would likely be applied. The planning authority would assess whether the adverse impacts (traffic, service pressure) significantly and demonstrably outweigh the benefits (housing supply, economic growth). If not, planning permission would likely be granted.

Conclusion:

The “tilted balance” is a critical concept in UK planning law, ensuring that housing and other development needs are met efficiently while promoting sustainable development. It helps address situations where local policies may be outdated or where there is a pressing need for development, thus ensuring that the planning system remains flexible and responsive to current needs.

It appears that the Four Marks & Medstead ward is a victim of a fatal error in decision-making

Ensuring sustainable development should be the primary goal when delivering housing targets. Sustainable development means ‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs.

Granting permission to build on the basis that EHDC is failing to deliver within their target on proven housing land supply because EHDC has failed to complete work on the local development plan, without triggering a full EIA, can be considered a gross lapse in logic.

Such decisions undermine the principles of sustainable development and can lead to long-term negative consequences for the environment and the community. It is crucial that housing targets are met in a way that balances economic, social, and environmental considerations to foster resilient and thriving communities.

When a local development plan (LDP) fails to meet the land supply targets, and there is a need to grant planning permission for residential developments outside the existing LDP, especially in rural or village areas, such developments should be considered high risk.

  • Granting permission outside the LDP without thorough assessment undermines the strategic planning objectives set forth in local policies. It may also contravene national sustainability goals if the environmental impacts are not properly mitigated.
  • Developments that fall outside the structured LDP are at higher risk of being unsustainable due to the lack of integrated planning. Such developments might not align with broader sustainability goals, increasing the likelihood of significant negative impacts.
  • Developments outside the existing LDP can significantly alter the character and social fabric of village communities. These impacts need to be thoroughly evaluated to ensure that development does not detrimentally affect the quality of life of existing residents.
  • Villages and rural areas typically have less developed infrastructure compared to urban areas. This includes transportation networks, water and sanitation systems, healthcare, and educational facilities. New developments can strain these limited resources, leading to adverse environmental and social impacts.
  • Rural and village areas often possess unique environmental features, including biodiversity, landscapes, and ecosystems that are more vulnerable to development impacts. Developing outside the planned areas can lead to significant environmental degradation if not properly assessed.

Furthermore, the tilted balance is meant to ensure organisational continuity by allowing necessary development to proceed despite outdated policies. However, continuous reliance on this mechanism suggests a failure in the planning system, either due to local authorities’ incapability or unrealistic housing targets set without considering local circumstances.

Cllr Richard Millard, Leader of East Hampshire District Council, claims that “…the government’s brutal housing target which eclipses everything else in the Plan-making process. Forget the semantics that it is a ‘housing need’ figure; it is for all practical purposes a rigid target. We are not alone … It has been divisive, bruising and at times unpleasant. It has fractured communities and turned councillors against each other.”

If the East Hampshire District Council (EHDC) believes that the housing targets set for them are unreasonable or forcing them to deliver beyond their capacity, there are several avenues they can pursue to address and potentially challenge these targets.

The above statement by Cllr Richard Millard highlights a significant concern that the government’s rigid housing targets can create substantial pressures on local authorities.

It is most likely that this pressure led to inadequate care in ensuring that full Environmental Impact Assessments (EIAs) were conducted, resulting in significant expansions to villages without adequate consideration of sustainability and community impact.

Pressure to Meet Targets: The intense pressure to meet strict housing targets can lead local authorities to prioritise quantity over quality. This might mean rushing through planning applications and approvals without fully considering the environmental impacts.

Resource Constraints: Local planning departments might face resource constraints, especially when trying to balance numerous applications against tight deadlines. This can result in inadequate scrutiny of developments and a lack of comprehensive EIAs.

Political and Community Tensions: As noted by Cllr Millard, the housing targets can be divisive, creating political and community tensions. In such an environment, decision-makers might be more inclined to push through developments to show progress, even if it means overlooking thorough environmental assessments.

Fragmented Decision-Making: The fracturing of communities and division among councillors can lead to inconsistent decision-making. This fragmentation can result in a lack of a cohesive approach to sustainable development and environmental protection.

Incremental Development: Without proper oversight, there can be a trend toward piecemeal developments, which individually might not trigger full EIAs but cumulatively can have significant environmental impacts.

In conclusion, the need for sustainable development must remain at the forefront of planning and delivering housing targets. The continuous reliance on the tilted balance to compensate for failures in local development plans and housing supply targets is not only a gross lapse in logic but also a recipe for long-term environmental and community harm. The pressures faced by local authorities, as highlighted by Cllr Richard Millard, underscore the critical importance of thorough environmental assessments and integrated planning. Without these, the risk of unsustainable developments, especially in vulnerable rural and village areas, becomes alarmingly high. Therefore, it is imperative that planning authorities prioritise comprehensive Environmental Impact Assessments and adopt a balanced approach that safeguards our environment and communities for future generations. Sustainable development is not just a goal but a necessary foundation for fostering resilient, thriving communities that can withstand the pressures of growth and change.

References

The absence of a full Environmental Impact Assessment (EIA) during a period of significant population increase reasonably leads to the conclusion that the current EDHC planning application process appears to be unfit for ensuring sustainable development

Between 2011 and 2021, Four Marks & Medstead ward has experienced an unprecedented 40% increase in population1. Despite this rapid growth, not a single full Environmental Impact Assessment (EIA) has been conducted for any of the developments during this period. The combined impact of recent developments in the Four Marks & Medstead ward has been significant. Thus, EHDC failed our ward in terms of their duty to ensure that they only permit development that adheres to sustainable development principles.

Applying a one-size-fits-all approach is a procedural fallacy, particularly concerning the threshold for triggering a full Environmental Impact Assessment (EIA). This threshold should be relative to the type of settlement, varying between villages and towns. Essentially, the criteria for defining a “large development” and/or “significance” should take into account the scale and impact relative to the specific characteristics of the settlement.

This could be measured in terms of the percentage increase in dwellings or population, adjusted to reflect the smaller scale and greater sensitivity of villages compared to larger towns or urban areas. A relatively modest increase in dwellings or population in a village can significantly affect its character, infrastructure, and environment. Thus, a development considered small in a larger town may be deemed large-scale in a village context, warranting a more thorough EIA process.

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017, which transpose the EIA Directive into UK law, require that the EIA process considers the “indirect” and “cumulative” effects of a project. This encompasses the combined impact of the project with other existing, approved, and delivered developments in the area. Therefore, when evaluating the environmental impact of a proposed development, it’s essential to assess not only its individual effects but also how it interacts with other past, present, and future developments in the area.

The process currently lacks effectiveness in ensuring the full impartiality of experts’ opinions considered during the Environmental Impact Assessment (EIA) screening application. As long as these experts are hired by the applicant or developer, there is a risk of selective use of data (choosing data or studies that support the developer’s position while disregarding contradictory evidence), underreporting of findings (minimising or omitting findings that could raise concerns about the proposed development’s impact), and framing of recommendations (proposing mitigation measures that are insufficient or unlikely to be effective).

Therefore, it is an absolute must that before permitting any further development, even relatively small estates, in the Four Marks & Medstead ward, EHDC should:

1. Conduct a post-development environmental and social assessment to identify and address any unmitigated impacts. This will ensure that any negative effects on the environment and community well-being are recognised and remedied appropriately.

2. Effectively engage with the local community to understand their concerns and involve them in decision-making processes for future developments. This inclusive approach helps to ensure that development plans align with the community’s needs and values.

3. Implement corrective measures and mitigation strategies as needed. Based on the findings from the post-development assessment, take necessary actions to mitigate adverse impacts and enhance positive outcomes for the community and environment.

4. Review the EHDC processes to prevent uncontrolled expansion without full EIA, even if the developments are of a piecemeal nature. Ensure that these smaller developments are considered significant due to their combined impact on the community and environment.

5. Ensure complete impartiality of experts providing opinions for EIA screening applications. Review and improve the EHDC processes to guarantee that expert assessments are unbiased and based on rigorous, transparent criteria, thereby maintaining public trust and credibility in the decision-making process.

These steps aim to create a more sustainable, transparent, and community-focused approach to development in the Four Marks & Medstead ward.

The absence of a full Environmental Impact Assessment (EIA) has wronged our community’s interests in the following ways:

1. Unidentified Impacts: Without an EIA, the potential environmental impacts of the development might not have been properly identified or mitigated. This includes impacts on local ecosystems, water resources, air quality, and biodiversity.

2. Uncontrolled Pollution: There could be increased pollution (air, water, noise) that has not been addressed or controlled adequately.

3. Unplanned Growth: The infrastructure may not have been upgraded to handle the increased population, leading to overburdened roads, water supply systems, sewage treatment, and public transport.

4. Service Overload: Public services like healthcare, education, and emergency services may be strained, affecting their quality and availability.

5. Missed Opportunities for Mitigation: An EIA would have identified measures to mitigate negative impacts, which are now potentially unaddressed.

6. Long-term Effects: Without an EIA, the long-term sustainability of the development is questionable. Environmental degradation and resource depletion could have lasting negative effects on the village.

7. Resilience: The village may be less resilient to future challenges such as climate change, resource scarcity, and further population growth.

8. Disruption: Existing residents may have experienced significant disruption without adequate measures to mitigate these effects.

9. Cultural Impact: The rapid increase in population could have altered the social fabric and culture of the village, potentially causing friction or loss of community identity.

References

  1. FOI – REF-191888-D3L9 – POPULATION ↩︎

I am writing to formally object to the proposed piecemeal developments in the village of Medstead, South East England

To Whom It May Concern,

I am writing to formally object to the proposed piecemeal developments in the village of Medstead, South East England. This objection is based on several critical factors that underscore the need for a comprehensive and sustainable approach to development in our community.

Proposed Residential Development Outside Settlement Policy Boundaries
Proposed Development Impact: Traffic Infrastructure Concerns
Settlement formats such as villages in South East England hold significant heritage value
Prioritising new settlements and town extensions over significant extensions to villages promotes long-term sustainability by planning for future growth in a strategic and proactive manner
Proposed Development Impact: Environmental Degradation Concerns – Conversion of Natural Land to Residential Use
The continuous expansion of the village raises significant safety concerns due to the lack of proper pedestrian infrastructure
Proposed Development Impact: Noise Pollution
The absence of a full Environmental Impact Assessment (EIA) during a period of significant population increase reasonably leads to the conclusion that the current EDHC planning application process appears to be unfit for ensuring sustainable development
It appears that the Four Marks & Medstead ward is a victim of a fatal error in decision-making
Continuous Engagement in Disengagement: A Failure of EHDC to Ensure Public Participation

Proposed Residential Development Outside Settlement Policy Boundaries

The proposed development site is located outside the designated SPBs for Medstead. The purpose of SPBs is to clearly demarcate areas suitable for development and to protect the surrounding countryside from urban sprawl. Allowing development beyond these boundaries undermines the integrity of local planning policies. Expanding the village outside the SPBs contradicts these principles by promoting unsustainable growth and risking long-term environmental and social consequences.

Continuous Engagement in Disengagement: A Failure of EHDC to Ensure Public Participation

Despite EHDC’s obligation to ensure active public participation in the planning permission process, the current flawed system results in continuous engagement in disengagement. This paradox highlights the failure of EHDC, as the system intended to foster public involvement instead causes widespread disengagement and a state of social helplessness among the community.

EHDC is required to facilitate meaningful public engagement in the planning process. However, the existing processes are overly complex, inconsistent, and difficult for the average resident to navigate.

1. Overwhelming Information: The sheer volume of information, presented in non-standardized formats with excessive use of acronyms, overwhelms residents, making it nearly impossible for them to stay informed or participate effectively.

2. Lack of Notifications: There is no efficient system to notify residents about multi-dwelling planning applications affecting their area (relevant to their location – zone of influence – development proposals). This leaves many unaware of developments that could significantly impact their community. For instance, the only reason many found out about the current planning application under standard consultation, the fact that EHDC is allowing developments not included in our Local Development Plan, and that EHDC is trying to further expand the already significant development of the village of Medstead, is because of SMASH.

3. Fragmented Documentation: Key documents are often disorganised and difficult to access.

For example:

1. The planning application portal’s limitations, such as allowing only ten documents to be downloaded at a time and lacking clear naming conventions, complicate the process.

2. The land availability assessment uses LAA references. However, they are not linked with Unique Property Reference Numbers (UPRN), property title numbers, or planning permission reference numbers, further complicating the process of tracking and understanding planning applications.

3. The version of the Draft Local Plan shared with me on 1st May 2024 feels like a poorly done secondary school assignment. It lacks consistency, the content does not flow well, and it contains errors. For example, land that is actually in Medstead (LAA Reference MED-022) is included under Four Marks development sites. Additionally, Page 422, titled ‘Four Marks,’ includes a map of the Four Marks & Medstead ward. The content that follows is vague and/or irrelevant to the purpose. Pages relevant to Medstead are 454 and 463-464, but the document does not maintain the same structure for each village. For some reason, it splits Medstead from Four Marks with Bentley. The illustrations, which clearly come from a good quality source—the EHDC interactive map—are included in the LDP in poor, difficult-to-read quality, with truncated pages and other issues. The submission of such a document for consultation undermines the entire system and erodes trust in the people in charge.

Until the status quo is changed, EHDC cannot expect full cooperation from the members of the public. The current system’s flaws alienate residents, making it difficult for them to engage meaningfully in the planning process. Therefore, the only way to properly identify the impact of multi-dwelling developments that are outside the current Local Development Plan of Medstead is to automatically trigger a full Environmental Impact Assessment (EIA).

References

Pre-application consultation should be conducted in an unbiased manner to ensure that the information provided is fair and can be accurately judged by the public, including those who are not experts

Here are some key points on how consultations should be conducted:

1. Objective Information

The consultation should provide objective, clear, and comprehensive information about the proposed development, including both potential benefits and impacts.

2. Transparency

All relevant details should be transparently shared, including possible negative effects on the environment, local amenities, and infrastructure, as well as mitigation measures.

3. Engagement

The process should genuinely seek to understand and address the concerns and suggestions of the community and stakeholders, rather than simply promoting the development.

4. Balanced Presentation

Information should be presented in a balanced manner, avoiding leading questions or promotional language that could bias respondents’ views.

Pre-application consultations should be unbiased, transparent, and genuinely aimed at understanding and addressing the views and concerns of the community. This approach ensures that the feedback gathered is valuable and that the development process is fair and inclusive.

Instead, we are witnessing learned helplessness, a behaviour exhibited by a subject after enduring repeated aversive stimuli beyond their control.

Bargate Homes’ Website Soliciting Feedback from Neighbouring Residents Regarding Land West of Beechlands Road in Medstead. Facade of Care
Bargate Homes is in our opinion a parasite: If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck

References:

Learned helplessness

In the Town and Country Planning (Environmental Impact Assessment) Regulations 2017, specific requirements and procedures were set out to ensure effective consultation with relevant stakeholders, including the public and statutory consultees

These regulations aimed to enhance transparency and public engagement in the decision-making process. Here are the key elements related to consultation procedures as outlined in the regulations:

1. Pre-Application Consultation

Developers are encouraged to engage with local communities and statutory consultees before submitting an EIA application. This early engagement helps identify potential issues and concerns that can be addressed in the Environmental Statement (ES).

2. Publicity Requirements

The regulations mandate that local planning authorities must publicize EIA applications to ensure the public and relevant stakeholders are aware of the proposed development. This includes:

  • Publishing a notice in a local newspaper.
  • Displaying site notices at or near the location of the proposed development.
  • Making information available on the local authority’s website.

3. Consultation with Statutory Consultees

The local planning authority is required to consult with statutory consultees, such as environmental agencies, heritage bodies, and other relevant organizations, to obtain their input on the potential environmental impacts of the proposed development.

4. Public Participation

The public must be given an opportunity to comment on the EIA application and the Environmental Statement. The regulations specify a minimum consultation period, typically 30 days, during which stakeholders can review and provide feedback on the submitted documents.

5. Availability of Information

The Environmental Statement and other relevant documents must be made readily accessible to the public and consultees. This includes providing physical copies at designated locations (e.g., local council offices) and making electronic copies available online.

6. Consideration of Responses

The local planning authority must take into account all feedback and representations received during the consultation period when making their decision on the EIA application. This ensures that the views of the public and consultees are considered in the decision-making process.

7. Decision Notice

Once a decision has been made, the local planning authority must publish a notice of their decision, including the reasons for granting or refusing permission and any conditions imposed. This notice should also outline how the public and consultees’ feedback was taken into account.

8. Post-Decision Information

Information about the decision, including the Environmental Statement and the decision notice, must be made publicly available. This transparency ensures that stakeholders are informed about the outcomes and the rationale behind the decision.

These consultation procedures are designed to ensure that the EIA process is transparent, inclusive, and participatory, allowing for meaningful input from the public and relevant stakeholders. This helps to enhance the quality and legitimacy of the decision-making process related to environmentally significant developments.

Settlement Policy Boundaries (SPBs)

Settlement Policy Boundaries (SPBs) are specific demarcated lines drawn around settlements, such as towns and villages, within a local planning authority’s jurisdiction. These boundaries are defined in local development plans and are used to manage and control development. The primary purpose of SPBs is to guide development to appropriate locations and protect the countryside and other rural areas from urban sprawl.

Key Features and Purposes of Settlement Policy Boundaries:

1. Development Control: SPBs help determine where new development, such as housing, commercial buildings, and infrastructure, is permitted. Development is generally encouraged within these boundaries to make efficient use of land and existing services.

2. Urban-Rural Divide: SPBs clearly delineate the separation between urban areas (where development is appropriate) and rural areas (where development is typically restricted). This helps to protect the character and integrity of the countryside.

3. Sustainable Development: By directing development within established boundaries, SPBs support sustainable development principles. They promote the use of existing infrastructure, reduce the need for new infrastructure, and help maintain compact and efficient settlements.

3. Planning Policy: SPBs are an important tool in local planning policy. They are included in local development plans, such as Local Plans or Neighbourhood Plans, and are used by local planning authorities to assess planning applications and make decisions about land use.

4. Housing and Economic Growth: Within SPBs, local authorities can identify areas suitable for housing, commercial activities, and other development needs. This helps to meet the community’s housing and economic growth objectives in a planned and controlled manner.

Implementation and Review:

Defined in Local Plans: SPBs are established through the local planning process and are defined in documents such as the Local Plan or the Neighbourhood Plan.

Periodic Review: SPBs are periodically reviewed and updated to reflect changes in development patterns, population growth, and planning policies. This ensures that the boundaries remain relevant and effective.

Public Consultation: Changes to SPBs usually involve public consultation, allowing residents and stakeholders to provide input on proposed changes.

Benefits:

Protection of Countryside: SPBs help protect rural areas from inappropriate development, preserving green spaces and the natural environment.

Focus on Urban Areas: By concentrating development within SPBs, local authorities can focus on revitalizing and improving urban areas, making better use of existing services and infrastructure.

Clarity and Certainty: SPBs provide clarity and certainty for developers, landowners, and the public about where development is likely to be acceptable and where it is not.

In summary, Settlement Policy Boundaries are a key planning tool used to manage development, protect rural areas, and promote sustainable growth within settlements. They help to ensure that development occurs in appropriate locations, supporting the overall planning strategy of a local area.