While third parties cannot directly appeal the approval of a planning application, there are several legal and procedural avenues to challenge the decision. These include judicial review, complaints to the Local Government Ombudsman, and requesting a call-in by the Secretary of State. Each of these options focuses on ensuring that the decision-making process was lawful and procedurally correct.

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.

Biodiversity Net Gain (BNG) is a principle and practice within environmental management and planning aimed at ensuring that development projects leave the natural environment in a measurably better state than it was before. This concept focuses on enhancing habitats and ecosystems, thereby increasing biodiversity rather than just mitigating harm.

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 Process

In many local planning authorities, including East Hampshire District Council (EHDC), certain types of planning applications are indeed referred to the Planning Committee rather than being decided by planning officers under delegated powers.

Defra Biodiversity Metric 3.0 is a tool developed by the UK Department for Environment, Food & Rural Affairs (Defra) and Natural England to measure and account for biodiversity losses and gains resulting from development or changes in land management. This metric is crucial for ensuring that new developments achieve Biodiversity Net Gain (BNG), meaning they leave the natural environment in a better state than before.

This two-stage process allows for initial flexibility while ensuring that detailed scrutiny and public consultation occur before the final development proceeds.

An “emerging Local Plan” is a new or updated plan that is currently being developed but has not yet been formally adopted.

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

The references “FP18” and “FP19” specifically pertain to public footpaths numbered 18 and 19 in the local area. Public footpaths are designated paths that provide public right of way on foot, often through rural or semi-rural areas. These footpaths are typically managed by local authorities and are crucial for providing pedestrian access to various amenities and recreational areas.

In the context of the objection document, the mention of “FP18” and “FP19” indicates specific public footpaths that will be materially impacted by the proposed development. Here is what it means in detail:

A full planning application seeks detailed planning permission for a development proposal, including all aspects of the design, layout, and landscaping.

The Health Contributions Approach entails securing financial contributions from developers towards the expansion or enhancement of healthcare infrastructure. This is often facilitated through Section 106 agreements or the Community Infrastructure Levy (CIL).

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.

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 Setting Housing Targets Housing targets are … Continue reading Housing Targets

Air and Water Quality considerations focus on assessing and mitigating the impacts of a proposed development on the quality of air and water resources. These considerations ensure that new developments do not negatively affect the health, safety, and well-being of residents, ecosystems, and the environment.

Design and Appearance in the context of material planning considerations refer to the aesthetic, functional, and contextual attributes of a proposed development. These considerations ensure that new developments are visually appealing, functionally appropriate, and harmoniously integrated into the existing built and natural environment.

Economic Benefits considerations focus on evaluating the positive impacts that a proposed development might have on the local, regional, or national economy. These considerations ensure that new developments contribute to economic growth, job creation, investment, and overall economic stability and prosperity.

Environmental Impact refers to the effect that a proposed development may have on the natural environment. This consideration is crucial for ensuring that new developments do not adversely affect ecosystems, biodiversity, natural resources, and the overall quality of the environment.

Flood Risk considerations focus on the potential for flooding and the adequacy of measures to prevent and mitigate flood impacts. These considerations ensure that new developments are appropriately located and designed to minimize flood risk to property, people, and the environment.

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.

Infrastructure and Services considerations focus on the availability, capacity, and adequacy of essential services and facilities required to support a proposed development. This includes transportation networks, utilities, healthcare, education, and other public services necessary for the well-being and functionality of a community.

Land Use refers to the management and modification of natural environments or wilderness into built environments such as settlements and semi-natural habitats. In the context of material planning considerations, land use focuses on the suitability and appropriateness of a particular piece of land for the proposed development, considering existing zoning laws, local plans, and the broader impacts on the community and environment.

Local and National Planning Policies are critical frameworks that guide the development and use of land in a manner that promotes sustainable growth, protects the environment, and meets the needs of communities. These policies are established at different levels of government and provide specific guidelines and regulations that must be adhered to when considering planning applications.

Public Opinion refers to the views and concerns of the community, residents, businesses, and other stakeholders regarding a proposed development. When evaluating planning applications, planning authorities consider public opinion to ensure that developments are responsive to the needs and values of the community and to enhance democratic participation in the planning process.

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.

Sustainability in planning involves ensuring that developments meet the needs of the present without compromising the ability of future generations to meet their own needs. This consideration encompasses a range of economic, environmental, and social factors aimed at promoting long-term ecological balance, resource efficiency, and quality of life.

Traffic and Access are critical factors in evaluating planning applications. These considerations focus on the impact a proposed development will have on the local transportation network, road safety, accessibility for all users, and the adequacy of infrastructure to support the development.

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).

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.

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

An outline planning application seeks to establish whether the scale and nature of a proposed development would be acceptable before a detailed design is put forward

The planning application appeal process allows applicants to challenge a local planning authority’s (LPA) decision to refuse planning permission, impose conditions, or fail to make a decision within the statutory period.

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.

Public Rights of Way (PRoW) in the UK are legally protected pathways that allow the public to travel across private and public land.

There are several types of public rights of way, each with specific legal definitions and uses: Footpaths, Bridleways, Byways Open to All Traffic (BOATs), Restricted Byways.

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At this stage, the local planning authority (LPA) notifies and consults stakeholders and the public on the proposed content of the Local Plan. It is an early stage where feedback is sought to shape the final plan.

Reserved Matters are specific details of a proposed development that are not decided when outline planning permission is initially granted. These details are “reserved” for later consideration and approval by the local planning authority (LPA). The outline planning permission establishes the principle of the development, while Reserved Matters applications provide the specifics.

Planning applications outside the Local Development Plans and settlement boundaries in rural England can be approved based on several key factors:

When the relevant development plan policies for the planning application are out-of-date, permission is granted unless it can be proven that the adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the NPPF as a whole.

When a local authority cannot demonstrate a five-year housing land supply or fails the Housing Delivery Test, there is a presumption in favour of granting planning permission for development.

Exception to the Presumption:

Adverse Impacts Test:

This presumption in favour of sustainable development can be overridden if it can be shown that the adverse impacts of granting permission would significantly and demonstrably outweigh the benefits. This assessment must be made in the context of the NPPF as a whole.

Contextual Assessment:

The decision-maker must consider all relevant NPPF policies, including those related to environmental protection, infrastructure, design quality, and community well-being. If the cumulative adverse impacts in these areas are severe enough, they can justify refusing the application despite the presumption in favour of development.

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.

Sustainable Drainage Systems (SuDS) are a collection of water management practices designed to mitigate the adverse effects of urban stormwater runoff and promote the natural water cycle. The primary objectives of SuDS are to manage surface water sustainably, enhance water quality, and provide amenity and biodiversity benefits. Key Components and Objectives of SuDS Common SuDS … Continue reading Sustainable Drainage Systems (SuDS)

The “zone of influence of all development proposals” is a comprehensive concept that encompasses all areas affected by a proposed development. Properly identifying and assessing this zone is critical to ensuring that the development is sustainable, that all potential impacts are managed, and that the needs and concerns of all affected stakeholders are addressed.

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.

To count towards the proven Five Year Housing Land Supply, planning approval must refer to land that meets certain criteria. These criteria include deliverability, suitability, availability, achievability, and compliance with the National Planning Policy Framework (NPPF). Ensuring these criteria are met is essential for maintaining a robust and effective housing supply strategy that balances development needs with community and environmental considerations. This ensures that proposed developments are realistic, viable, and beneficial for both the local area and the wider region.

Water butts are large containers designed for collecting and storing rainwater, typically from the roof via downpipes. This stored water can then be used for various purposes, primarily in gardening and landscaping, to reduce the use of mains water. Key Features and Benefits Installation and Maintenance Water butts are a practical and environmentally friendly way … Continue reading Water Butts