Welcome to the September planning update from the Bristol and Cardiff Planning teams. It has been a busy period for the industry with the release of several consultation documents for England and Wales. Please click on the links below to obtain further information on the identified topics.

1. Community Infrastructure Levy
On 5 August 2008, the Department for Communities and Local Government (DCLG) published further details on the proposed Community Infrastructure Levy (CIL), one of the key provisions in the Planning Bill currently going through Parliament. This includes information on how the Government envisages the Levy will be set, paid and spent.

2. Town and Country Planning (Environmental Impact Assessment) (Amendment) (England) Regulations 2008
The Town and Country Planning (Environmental Impact Assessment) (Amendment) (England) Regulations 2008 have now been published and came into effect on 1 September 2008.

3. Welsh Assembly Government - Further Consultation On Planning For Climate Change (July 2008)
The Welsh Assembly Government are currently consulting on proposed changes to the 'Planning for Climate Change' Ministerial Interim Planning Policy Statement (MIPPS) (12/06). This document was issued for consultation in December 2006.

4. Welsh Assembly Government - People, Places, Futures - The Wales Spatial Plan 2008 Update for Public Consultation
An updated consultation report has been published by the Welsh Assembly Government in order to provide a summary of responses relating to the 'Wales Spatial Plan - 2008 Update' (WSPU) consultation exercise which ended on 24 April 2008.

On 5 August 2008, the Department for Communities and Local Government (DCLG) published further details on the proposed Community Infrastructure Levy (CIL), one of the key provisions in the Planning Bill currently going through Parliament. This includes information on how the Government envisages the Levy will be set, paid and spent.

When launching the document Planning Minister Caroline Flint emphasised that the CIL will be a new charge which local authorities in England and Wales will be 'empowered but not required', to charge on most types of new development. The charges should reflect the economic realities and circumstances of the locality and must be integral to the development plan process. The Levy will be expressed as an amount per unit of development, so that simple calculations may be applied to each relevant planning application. The calculation of the CIL for a development will be made at the time of the grant of permission, although the Levy will only be payable (subject to indexation) upon commencement of development.

The proceeds will be spent on local and sub-regional infrastructure to support the development of the area. It is initially expected to raise hundreds of millions of pounds of extra funding per year towards the infrastructure needed by local communities. The Planning Bill, currently before Parliament, is clear that it will be spent on infrastructure needs only, to support new development, but not to resolve deficiencies in existing provision.

The Government has confirmed that use of the CIL regime will be discretionary and will sit alongside the current Section 106 arrangements. Ministers are considering whether to place restrictions on the use of planning obligations once CIL is introduced.

The document states that Regulations implementing the CIL will not come into force before Spring 2009 and further consultation on the detail of the new regime is promised later this year.

The DCLG report can be viewed here

For further details contact Nick Matthews +44 (0) 117 910 0370

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2. Town and Country Planning (Environmental Impact Assessment) (Amendment) (England) Regulations 2008

The Town and Country Planning (Environmental Impact Assessment) (Amendment) (England) Regulations 2008 have now been published and came into effect on 1 September 2008. Wales are running on a later timetable than the English version, but the Welsh Assembly Government advise that the general thrust of the English version is to be followed in the interim.

The regulations follow those originally published in 1999 in an attempt to close a loophole identified by the European Court of Justice. They implement the requirements of the EU Directive in respect of applications for approval of the following:

• Reserved matters and approval of conditions attached to the grant of planning permissions; and
  
  
• Conditions attached to the grant of minerals permissions (ROMP).

The Government has published an explanatory memorandum to the amended Regulations which can be viewed here

This states that it is envisaged that the requirement for an Environmental Impact Assessment to be carried out at a subsequent stage of a multi-stage consent procedure may arise in the following circumstances:

• Where EIA should have been required at the outline stage, but the local planning authority did not (for whatever reason) issue a screening opinion;
  
  
• Where a screening opinion was issued at the stage at which an application for outline planning permission had been made, to the effect that EIA was not required, but on reconsideration at reserved matters stage the local planning authority now considers that there are likely to be significant effects on the environment;
  
  
• Where EIA was carried out at the outline stage, but the local planning authority consider that further information is now required in order for the environmental statement to satisfy the requirements of the EIA Directive.

The amended Regulations can be viewed here

For further details contact Will Spencer +44 (0) 117 910 0331

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3. Welsh Assembly Government - Further Consultation On Planning For Climate Change (July 2008)

The Welsh Assembly Government are currently consulting on proposed changes to the 'Planning for Climate Change' Ministerial Interim Planning Policy Statement (MIPPS) (12/06). This document was issued for consultation in December 2006.

It is reported that the proposed amendments to the MIPPS document take into account the progress that has been made on the Climate Change agenda in Wales, including the 2011 Zero Carbon aspiration, the One Wales' commitment to the devolution of Building Regulations and the adoption of the Code for Sustainable Homes in Wales. It is detailed in the report that the proposed changes seek to complement and help facilitate these wider initiatives.

The consultation paper seeks views / comments in relation to possible planning policy affecting the following areas: -

• The design of developments to include climate change mitigation and adaptation measures;
  
  
• The use of sustainable building standards to drive up the sustainability of buildings in Wales;
  
  
• The incorporation of local renewable and low carbon energy sources in new developments to reduce carbon emissions; and,
  
  
• The ability for Local Planning Authorities (LPAs) to set higher standards in the above areas for 'strategic sites'.

The consultation paper includes a questionnaire form and the deadline for representations is the 3rd October 2008. The consultation document can be viewed here

For further details contact Abi Roberts +44 (0) 29 2036 8911

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4. Welsh Assembly Government - People, Places, Futures - The Wales Spatial Plan 2008 Update for Public Consultation

An updated consultation report has been published by the Welsh Assembly Government in order to provide a summary of responses relating to the 'Wales Spatial Plan - 2008 Update' (WSPU) consultation exercise which ended on 24 April 2008.

It is reported that a total of 117 formal responses were received from a wide range of organisations and institutions. A small number of responses had also been received from individuals. The majority of representations related to Area strategies in particular to the South East Wales Capital Network.

• It is advised that the key issues raised by respondents were as follows:



• Concerns over the apparent lack of evidence base within the plan.



• Challenges to the implied Housing/Job Balance distribution.



• More consideration needed on the Climate Change challenge.



• Concerns over a lack of clear rural dimension and an over emphasis on urban issues and solutions.



• Positive support for more specific environmental issues and promotion of 'Green Infrastructure' concept.



• More attention to be given to tourism across areas.



• Clarification sought on the role, function and approach to determining Key and Hub Settlements.



• Particular concerns around the relationship and status of the Wales Spatial Plan.

The strategic vision and overall direction contained within the WSPU and the specific Area Strategies have gained general support. Respondents have noted that there is merit in the WSPU remaining a strategic document, backed up by supporting technical work which should also be published and expanded over time by related policy development work.

The 2008 Update for Public Consultation can be viewed here

For further details contact Paul Williams +44 (0) 2920 368 906

Please do not hesitate to contact any of the individuals identified or us for further information.

CONTACT INFORMATION

Geraint John - Director         
+44 (0) 2920 368 914
gjohn@savills.com

Nick Matthews - Associate Director         
+44 (0) 117 910 0370
nmatthews@savills.com

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