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National planning policy

PPG1 seeks to secure good design and to resist proposals that are inappropriate to their context or incompatible with their surroundings.
PPG3 requires that new housing should be well designed and should make a significant contribution to promoting urban renaissance and improving the quality of life.

Full details of national planning policy guidelines are available from the website of the Office of the Deputy Prime Ministe 
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Regional planning policy -The Essex and Southend Replacement Structure Plan   [ ESRSP ]

The Essex and Southend on Sea Replacement Structure Plan has been prepared jointly by Essex County Council and Southend on Sea Borough Council. The Plan was adopted by both authorities on 9th April 2001, on which date its policies came into operation.
The adopted plan forms part of the statutory development plan for the combined areas of the two authorities. As such, it provides the essential strategic guidance for land use planning decisions affecting these areas, including the preparation of more detailed local plans by Borough and District Councils and detailed control of development within the Plan area.

The intention of its planning strategy and policies is to achieve a balanced and sustainable pattern of development within Essex and Southend in the future. In particular, they seek a pattern of development which balances homes, jobs, leisure, education, community facilities and infrastructure in all parts of the Plan area, whilst at the same time safeguarding the environment and improving the quality of life for everyone.
As part of this strategy, the Plan makes provision, at Borough and District level, for specific amounts of housing and employment development during the period up to 2011.

Its main purpose is to state in broad terms the general policies and proposals of strategic importance for the development and use of land within the plan area, taking account of national and regional policies. This is in order to

  • Provide the strategic policy framework for the preparation of Local Plans and development control locally.
  • Ensure that the provision for development in the Plan Area is realistic and consistent with national and regional policy.
  • Secure consistency between Local Plans for neighbouring area

Policy BE1 - Urban intensification

The environmental quality of existing urban areas will be maintained and improved as attractive places in which to live, work and visit. Where the existing urban fabric provides for high quality in design and local environment by virtue of its existing character, open land-uses, and buildings and areas of architectural, historic and archaeological importance, this will be strongly protected and enhanced. New development in all urban areas which results in over-development, unsympathetic change, and loss of amenity will not be permitted.

Policy CS4 - Sustainable new development

In releasing land for development through new land allocations and the granting of planning permission, local planning authorities will have regard to the following criteria:

  • The development can be accommodated within the existing and committed infrastructure capacity of the area
  • The development is accessible by existing and committed sustainable means of transport
  • The scale of development is consistent with the principles of sustainability and respects
    the character and environment of the
    locality.

Policy HC2 - Conservation areas

Within Conservation Areas all those buildings, spaces, archaeological sites, trees, views and other aspects of the environment which contribute to their character, will be protected. Development in Conservation Areas, and within their setting, including any change of use of an existing building, should preserve and/or enhance the character or appearance of the Conservation Area as a whole. Schemes for the preservation and enhancement of the character and appearance of Conservation Areas will be promoted.

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Local planning policy -The Borough Local Plan  [ BLP ]

The Borough Local Plan [BLP] provides the detailed framework for the determination of all planning applications in the Borough. The BLP has to be in accordance with the Joint Structure Plan.

  • The current BLP was adopted in 1994 and was intended to cover the period upto 2001. A new planning framework is currently being re-drafted. In the interim the Council states that the existing statutory development plans and related guidance will remain in force [see the Draft Local Development Scheme and Timetable on the Council's website ].

  • "The law provides that in making planning decisions, what the BLP says on the matter is of prime importance...." Cllr Mrs Daphne White, Chairman of Southend's Development Control Committee.

  • If a planning decision is challenged on appeal, then the fact that the Council's decision was consistent with the BLP will favourably influence the planning inspector's decision.

  • It is therefore very important that desirable constraints (e.g. limitation of building height, adequate parking provision, retention of bungalows, density, etc) are included within the BLP.

  • Currently there is (public) disagreement within the planning fraternity at Southend as to how binding on decision-making the BLP actually is. Discussion on the semantics of what is meant by "guidelines" is common.

  • There is also at lack of consistency both in planning officer recommendations and between planning decisions. Applying a policy in one case but not in another and differences of interpretation frequently occur.

  • These issues are targets in our campaign

The BLP consists of a number of individual policies grouped into specific areas.

Full details of the policies are available on the Council's website www.southend.gov.uk -

The groups and policies particularly relevant to us are:- (clicking on >> below will take you to the full text)
Section C: Conservation & Townscape Policies
  • Policy C4 - Conservation Areas
  • Policy C5 - Leigh Old Town
  • Policy C11 - New Buildings, Extensions and Alterations
  • Policy C12 - Undercliff Gardens
  • Policy C14 - Trees, Planted Areas and Landscaping
  • Policy C15 - Retention of Open Space
Section H: Housing Provision & Residential
                          Environment Policies
>>
  • Policy H3 - Retention of Small Family Houses
  • Policy H5 - Residential Design and Layout Considerations
  • Policy H6 - Protecting Residential Character
Section T: Transport & Parking Policies. >>
  • Policy T8 - Traffic Management and Highway Safety
  • Policy T11 - Parking Standards
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The planning process
For those wishing to see a comprehensive and understandable overview of how "planning" should work within the UK, visit the government website: www.planningportal.gov.uk.

A schematic diagram outlining the planning process at Southend is available on the Council's website: www.southend.gov.uk

Diagram  >>
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The appeals process

Reasons for an appeal

  • If the applicant applied for planning permission, and
    - was
    refused permission,
    -
    granted permission but with conditions thought inappropriate
    - already has outline permission for a scheme but full application refusedails of a scheme which they or the Secretary of State have already given outline planning permission for; or
    have approved the details of a scheme but with conditions you think are inappropriate or unreasonable.
  • If the Council rejected a proposal arising from a condition or limitation on a planning permission
  • If the Council doesn’t decide an application within the time allowed. Normally the time allowed is eight weeks from when they accept your application.
  • If the Council need more information before they could decide an outline planning application, but the applicant does not want to supply this.

There are 3 ways of submitting an appeal:

  • Written Representation (cheapest, simplest and most common procedure). A written representation statement typically includes and appraisal of the scheme and issues, together with maps, plans and photographs but not oral evidence.
  • Informal Hearing (discussion forum)
  • Public Inquiry (full cross examination)

The first option is the most common. Appeals for major applications tend to be decided by an informal hearing or a full public inquiry. Whichever procedure is used, the Inspector will visit the site to judge the effect of the proposal on the area.
NB    Whilst the applicant may appeal against a planning refusal, an objector cannot appeal against a decision


Visit the Planning Inspectorate website for more information at www.planning-inspectorate.gov.uk
Costs
  • Scare stories are often circulated by those too timid to support the views of the people of Southend or who consider it more expedient to let developers have their way.
  • Most appeals are dealt with by written representation and for this there is no charge for either party.
  • If the appeal is handled by hearing or public enquiry, then, if the inspector considers the Council has behaved unreasonably, minimal costs may be awarded.
  • Damages are not awarded; only costs that cover incurred expenditure.
  • The inspector is likely to consider as reasonable any planning decision taken in line with the Borough Local Plan.
Extracts from "Costs Awarded in Planning Appeals" issued by the Office of the Deputy Prime Minister:
  • "Applications for costs are not normally accepted where planning appeals proceed by written representation".
  • "The parties at an enquiry or hearing normally meet their own expenses. But either of the main parties ... can apply for costs if they consider the other party has acted 'unreasonably'".
  • "What is considered unreasonable? Behaviour which led directly to an unnecessary appeal might be considered unreasonable. For instance, the local planning authority might be unable to produce evidence at the inquiry to support each of their reasons for refusing planning permission, or for imposing a condition on a grant of planning permission. Or the way in which one party has conducted their part of the proceedings might be considered unreasonable. For example through the fault of one party, the inquiry has had to be adjourned, or unnecessarily prolonged, or cancelled resulting in unnecessary expense."
 
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