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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.

In the UK, public consultation is a fundamental part of the planning process for proposed developments

The requirement for public consultation is enshrined in several pieces of legislation and guidance documents that ensure communities have the opportunity to participate in and influence planning decisions.

Key aspects of public consultation in the UK planning process include:

1. The Town and Country Planning Act 1990: This Act requires local planning authorities to publicise planning applications and allow the public to comment on them. Notices may be posted on-site, in local newspapers, and online.

    2. The Planning and Compulsory Purchase Act 2004: This Act introduced the requirement for Statements of Community Involvement (SCI). Local planning authorities must prepare an SCI that outlines how they will engage and consult with the public and other stakeholders in the planning process.

    3. The Localism Act 2011: This Act strengthened community involvement in planning. It introduced the concept of “neighbourhood planning,” where local communities can develop neighbourhood plans to guide future development in their area. It also requires developers to consult local communities before submitting certain types of planning applications.

      4. The National Planning Policy Framework (NPPF): The NPPF emphasises the importance of public consultation and engagement in the planning process. It encourages local planning authorities to involve all sections of the community in plan-making and decision-making processes.

      5. The Town and Country Planning (Development Management Procedure) (England) Order 2015: This order sets out the procedures for publicizing planning applications and specifies the types of applications that require consultation. It includes requirements for notifying neighbours, posting site notices, and publishing information online.

        6. Environmental Impact Assessment (EIA) Regulations: For developments requiring an EIA, public consultation is a mandatory part of the process. The EIA regulations require the developer to publish the Environmental Statement and provide opportunities for the public to comment on it.

          Key Requirements for Public Consultation:

          Notification: Local planning authorities must notify affected parties, including neighbours, statutory consultees, and the general public. This is often done through site notices, letters, newspaper advertisements, and online postings.

          Consultation Period: There is typically a statutory period during which the public can submit comments on a planning application. This period is usually 21 days.

          Consideration of Comments: Planning authorities are required to take into account all valid public comments and representations before making a decision on a planning application.

          Feedback: Authorities often provide feedback on how public comments have been considered and incorporated into the planning decision.

          Practical Steps for Public Involvement:

          Pre-Application Consultation: Developers are encouraged (and sometimes required) to engage with the community before submitting a planning application. This can include public meetings, exhibitions, and consultation events.

          Public Meetings and Hearings: For significant developments, public meetings or hearings may be held to allow community members to express their views directly.

          Online Platforms: Many local planning authorities provide online portals where planning applications can be viewed, and comments can be submitted.

          Public consultation is crucial for ensuring that development proposals consider the needs, concerns, and aspirations of the local community. It helps to improve the transparency, accountability, and quality of the planning process.

          Distributing new developments to areas such as the North of England, Wales, and Scotland is the most viable solution to effectively and responsibly address the housing shortage

          Distributing new developments to areas such as the North of England, Wales, and Scotland, along with government programs to make these areas attractive for professionals working remotely, could be a potentially effective strategy to address housing shortages.

          Here are some reasons why:

          Regional Development: Encouraging development in regions outside of major urban centers can help to rebalance regional disparities in economic growth and infrastructure investment. It can also alleviate pressure on housing markets in overcrowded cities and promote more sustainable patterns of development.


          Remote Work Opportunities: The COVID-19 pandemic has accelerated the trend towards remote work, with many professionals now able to work from anywhere with an internet connection. By incentivizing professionals to relocate to less densely populated areas, governments can harness the benefits of remote work to stimulate economic activity and support local communities.


          Quality of Life: Many people value factors such as affordable housing, access to nature, and a sense of community when considering where to live. By promoting development in regions with attractive natural landscapes, cultural amenities, and lower living costs, governments can enhance the quality of life for residents and attract new talent to these areas.


          Employer Incentives for Remote Work: Providing incentives for employers to transition to remote work arrangements can further support the distribution of new developments to regional areas. By reducing the need for physical office space in city centers, employers can save on overhead costs while enabling their employees to enjoy the benefits of remote work in more desirable locations.


          Infrastructure Investment: To support the successful implementation of this strategy, governments would need to invest in essential infrastructure such as transportation, digital connectivity, healthcare, and education. This investment would not only improve quality of life for residents but also make these regions more attractive for businesses and investors.


          Overall, distributing new developments to regions outside of major urban centers and promoting remote work opportunities could be a promising approach to addressing housing shortages while promoting economic growth, regional development, and improved quality of life for residents. However, careful planning, investment, and stakeholder engagement will be essential to ensure the success and sustainability of this strategy.

          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

          1. Engage with Higher Authorities

          • Negotiation with Central Government: EHDC can engage in discussions with central government departments, such as the Ministry of Housing, Communities, and Local Government (MHCLG), to negotiate more realistic housing targets based on local circumstances and constraints.
          • Seek Adjustments: They can formally request adjustments to the housing targets, providing evidence of why the current targets are unrealistic or unsustainable.

          2. Provide Evidence-Based Justifications

          • Housing Needs Assessment: Conduct a thorough local housing needs assessment to demonstrate the actual housing needs and how they differ from the imposed targets.
          • Capacity Studies: Provide detailed studies on local infrastructure capacity, environmental constraints, and land availability to support the argument that the targets are unachievable or detrimental to the area.

          3. Revise Local Plans

          • Local Plan Review: As part of the regular review of the local plan, EHDC can incorporate evidence and arguments that justify lower housing targets. They can outline alternative strategies for sustainable development that align better with local conditions.
          • Community Involvement: Engage with the community to gather support and input, which can be used to strengthen the case for revising housing targets.

          4. Utilise Legal and Planning Frameworks

          • Planning Appeals: EHDC can appeal specific decisions or targets set by higher authorities through planning appeals. This can be done if they believe the targets are not based on sound evidence or do not consider local constraints.
          • Judicial Review: In extreme cases, EHDC might consider seeking a judicial review of the housing targets if there is a legal basis to argue that the targets were set unfairly or without proper consideration of local circumstances.

          5. Advocate for Policy Changes

          • Lobbying for Policy Reform: EHDC can lobby for changes in national planning policies that provide more flexibility for local authorities to set realistic housing targets based on local conditions.
          • Collaboration with Other Councils: Work with other local councils facing similar challenges to collectively advocate for policy changes or adjustments to the housing targets.

          6. Highlighting Negative Impacts

          • Environmental Impact: Provide detailed reports on the potential environmental degradation, loss of green spaces, and biodiversity threats that could result from adhering to the current housing targets.
          • Infrastructure Overload: Highlight the potential overloading of local infrastructure, including roads, schools, healthcare facilities, and utilities, which could compromise the quality of life for existing residents.

          7. Public and Media Campaigns

          • Raise Public Awareness: Use media campaigns to raise public awareness about the issue and garner community support.
          • Public Petitions and Meetings: Organize public petitions and hold meetings to discuss the impacts of unrealistic housing targets and to gather community feedback.

          Example Steps EHDC Might Take:

          1. Commission Independent Reports: Commission independent reports on housing needs, infrastructure capacity, and environmental impact to support their case.
          2. Draft Formal Requests: Draft and submit formal requests to central government or relevant authorities for adjustments to the housing targets.
          3. Engage with MPs and Councillors: Engage local Members of Parliament (MPs) and councillors to advocate on behalf of the council at higher levels of government.
          4. Hold Public Consultations: Conduct public consultations to ensure transparency and gather additional evidence of community concerns and support.

          By pursuing these avenues, EHDC can work towards achieving more realistic and sustainable housing targets that better align with the needs and capacities of the local area.

          EHDC EMAIL BULLETINS – 2022-06-17: EHDC to consult again on Local Plan following ‘brutal’ housing targets

          Proven Five Year Housing Land Supply

          The term “proven Five Year Housing Land Supply” refers to a measure used in urban planning and development to ensure an adequate supply of land for housing construction over a specified period, usually five years.

          In many jurisdictions, local planning authorities are required to demonstrate that they have enough available and deliverable land to meet their housing targets for the next five years. This is often referred to as the “Five Year Housing Land Supply” or “Five Year Land Supply.”

          Having a proven Five Year Housing Land Supply is essential for local planning authorities to demonstrate that they are meeting their housing targets and ensuring a sufficient supply of housing to meet the needs of their communities. It provides certainty to developers, investors, and the public about the availability of land for housing development and helps to guide decision-making in the planning process.

          To Count Towards the Proven Five Year Housing Land Supply
          Meaning of ‘When Assessed Against the NPPF as a Whole’
          Section 106 Agreements

          Housing Targets

          Housing targets are specific goals set by government authorities to ensure an adequate supply of housing to meet the needs of the population. These targets aim to address issues such as population growth, housing affordability, and urban development. Here’s a detailed explanation of housing targets:

          Purpose of Housing Targets

          1. Addressing Population Growth: As populations grow, there is an increased demand for housing. Housing targets aim to ensure that sufficient new homes are built to accommodate this growth.
          2. Improving Affordability: By increasing the supply of housing, targets help to stabilize or reduce housing prices, making homes more affordable for a wider range of people.
          3. Encouraging Economic Development: Adequate housing supply supports economic growth by attracting businesses and workers to an area.
          4. Ensuring Sustainable Development: Housing targets often incorporate considerations of sustainability, ensuring that new developments are environmentally friendly and well-integrated with existing infrastructure.

          Setting Housing Targets

          Housing targets are typically set based on various factors, including:

          • Population Projections: Estimates of future population growth and demographic changes.
          • Housing Needs Assessments: Studies that identify the number and types of homes required to meet the needs of different population groups.
          • Economic Factors: Consideration of local economic conditions, employment rates, and the availability of land for development.
          • Policy Objectives: National and regional policy goals, such as promoting urban regeneration or rural development.

          Implementation of Housing Targets

          1. Local Planning Authorities: Local authorities, like the East Hampshire District Council (EHDC), are responsible for implementing housing targets through their local plans and development frameworks.
          2. Planning Permissions: Developers must obtain planning permission from local authorities, which ensures that new housing projects align with the set targets and planning policies.
          3. Infrastructure Development: Ensuring that necessary infrastructure, such as roads, schools, and healthcare facilities, is developed to support new housing.

          Monitoring and Review

          • Regular Monitoring: Local authorities regularly monitor housing delivery to ensure targets are being met.
          • Adjustments: Housing targets may be adjusted based on changing conditions, such as shifts in population trends or economic factors.

          Challenges in Meeting Housing Targets

          1. Land Availability: Finding suitable land for development can be challenging, particularly in densely populated or environmentally sensitive areas.
          2. Community Opposition: New housing developments may face opposition from existing residents concerned about changes to their community.
          3. Economic Factors: Economic downturns can impact the ability of developers to finance and build new homes.
          4. Regulatory Hurdles: Planning and regulatory requirements can sometimes delay the development process.

          In summary, housing targets are a crucial tool used by governments to ensure that there is an adequate supply of housing to meet the needs of the population, promote economic growth, and achieve sustainable development. They involve careful planning, coordination, and monitoring by local authorities and other stakeholders.

          Five Year Housing Land Supply (5YHLS)

          Definition: The 5YHLS represents the quantity of land that has been identified as suitable and available for housing development over a five-year period.


          Purpose: The 5YHLS is a planning tool used by local authorities to ensure that there is a sufficient and continuous supply of land available for housing development to meet the identified housing needs of the community.


          Implementation: Local planning authorities are required to maintain a 5YHLS under national planning policy. They achieve this by periodically reviewing and updating their development plans to identify suitable sites for housing development.

          What if local authorities fail to ensure that new developments are built in line with sustainable development rules

          If local authorities fail to ensure that new developments are built in line with sustainable development rules, there are several actions that can be taken to address the situation. These actions can involve legal, administrative, and community-based approaches.

          Legal Action

          • Judicial Review: Interested parties can seek a judicial review of the local authority’s decisions or actions. This involves asking a court to review the legality of the authority’s decisions, especially if they are believed to violate planning or environmental laws.
          • Enforcement Orders: Legal action can be taken to compel local authorities to enforce compliance with planning permissions and environmental regulations.
          • Appeals: Community members can appeal planning decisions if they believe they do not comply with sustainable development principles. This is typically done through planning inspectors or relevant regulatory bodies.

          Administrative Complaints

          • Ombudsman Complaints: Complaints can be filed with an ombudsman or similar oversight body that investigates maladministration by local authorities.
          • Regulatory Bodies: Complaints can be directed to higher regulatory bodies that oversee local authorities, such as regional planning authorities or environmental agencies.

          Political and Community Actions

          • Public Campaigns: Community members and advocacy groups can organise public campaigns to raise awareness and put pressure on local authorities to comply with sustainable development rules.
          • Public Meetings and Hearings: Participation in public meetings, hearings, and consultations can help hold local authorities accountable. Voicing concerns and providing evidence during these forums can influence decision-making.
          • Lobbying and Advocacy: Engaging with local councillors, elected officials, and other stakeholders to advocate for better enforcement of sustainable development policies.

          Media and Publicity

          • Media Coverage: Highlighting failures and non-compliance through media coverage can put public pressure on local authorities to take corrective actions.
          • Social Media: Using social media platforms to mobilise community support and share information about the issue can amplify the call for action.

          Non-Governmental Organizations (NGOs)

          • Collaboration with NGOs: Partnering with environmental and community-focused NGOs can provide additional resources, expertise, and support in addressing the issue.
          • NGO Interventions: NGOs can sometimes intervene directly by providing legal support, conducting independent assessments, and engaging in advocacy.

          Independent Assessments and Audits

          • Commissioning Independent Studies: Engaging independent experts to conduct environmental and planning assessments to highlight deficiencies and recommend corrective actions.
          • Environmental Audits: Conducting audits to assess the environmental impact of developments and the adequacy of local authority oversight.

          Document Evidence


          Gather and document evidence of non-compliance, including photographs, reports, and witness statements.

          Engage with Authorities


          Attempt to engage constructively with local authorities, presenting evidence and seeking resolutions through dialogue.

          Form Alliances


          Form or join community groups and alliances with other concerned residents and stakeholders to strengthen the collective voice.

          Seek Professional Advice


          Consult with legal, environmental, and planning professionals to understand the best course of action and potential legal remedies.