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| National
planning policy |
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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.
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| Full
details of national planning policy guidelines are available
from the website of the Office of the Deputy Prime Minister |
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| Regional
planning policy -The Essex and Southend Replacement
Structure Plan [ ESRSP ] |
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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.
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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.
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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
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- 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
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Policy
BE1 - Urban intensification
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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.
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Policy
CS4 - Sustainable new development
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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.
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Policy
HC2 - Conservation areas
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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 ] |
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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.
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- 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
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- "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
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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
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| The
groups and policies particularly relevant to us are:- (clicking
on >> below will take
you to the full text) |
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C: Conservation & Townscape Policies |
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- 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
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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
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| Section
T: Transport & Parking Policies. |
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- Policy T8 -
Traffic Management and Highway Safety
- Policy T11
- Parking Standards
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| The
planning process |
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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.
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A schematic diagram
outlining the planning process at Southend is available on the Council's
website: www.southend.gov.uk
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| The
appeals process |
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Reasons
for an appeal
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- 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
doesnt 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.
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There
are 3 ways of submitting an appeal:
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- 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)
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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
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Visit the Planning
Inspectorate website for more information at www.planning-inspectorate.gov.uk |
| Costs |
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- 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.
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| 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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