MARCH 2019

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About – Planning

THE PLANNING AUTHORITY

The Planning Authority in Cheriton is the SDNPA, whose role is described as to control and influence the development of land and buildings within the National Park’s boundaries, which in the instance of Cheriton excludes only a very small area of the Parish located in an area around North End.

To do this effectively the SDNPA have to balance the statutory duties and purposes of the National Park, safeguarding the natural environment and existing built heritage, with the needs of individuals, the local population supporting rural communities and local businesses.

The SDNPA became the planning authority for the whole of the National Park on 1 April 2011 and took over responsibility from 14 local authorities.

 

Partnerships with Local Authorities

The SDNPA are responsible for planning across the entire National Park and have agreed unique partnerships with the local authorities operating within the National Park boundaries. For eight of them the SDNPA deal directly with all planning questions, advice and applications. The other five authorities of which Winchester is one, deal with all Planning matters on behalf of the SDNPA as part of an Agency Agreement. A small part of the Parish of Cheriton is not within the SDNP however, and the Planning Authority is therefore WCC for that area of the Parish at North End – illustrated by Appendix A.

 

PLANNING POLICY

The SDNPA have had statutory responsibility for planning policy in the National Park since 1 April 2011.

Planning policy can affect development in many ways and the approach to it reflects the needs of people who live in South Downs National Park, those who work there and those who visit. The SDNPA planning policies will be set out in the National Park Local Plan and the duties and purposes of the National Park must shape development in a way that conserves and enhances the natural beauty, wildlife and cultural heritage of the National Park’s protected landscape.

At the Parish level the Cheriton Community Led Parish Plan will set out how the Cheriton community sees the parish changing over the next few years. 

A Parish Plan records the key features of the parish and, with reference to the results of a residents’ questionnaire, describes the matters that the community regards as important.  It identifies local issues and sets out an achievable and long-term vision for the future.  The Plan concludes with the headings of a plan of action.

Communities such as Cheriton are part of the national value of National Parks, and the Parish Plan takes forward Cheriton’s views on how its own needs, such as housing, transport, and community support should continue to be met in a suitably sustainable manner. Parish Plans are therefore an important reference document for local authorities and planners and are capable of influencing policy documents.

 

Finding Out About Planning Applications

The fastest way to find out about planning applications is to use the SDNPA online search function.

In some cases, for example with listed buildings, the SDNPA are legally obliged to publicise applications in the press and you will find these advertised in the most relevant local newspaper.

In addition, a weekly list of applications is sent out to all parish councils and Local Authorities across the National Park. In some cases, local newspapers also choose to publish full lists of the relevant planning applications for their area.

 

Applications made from 1 April 2011 to 31 March 2012

During the SDNPA’s first year planning applications remained hosted with the local authority on their own planning system. In Cheriton’s case therefore, such applications may be found on the WCC Planning portal.

 

Applications made since 1 April 2012

All applications made across the National Park since 1 April 2012 can be viewed through the SDNPA website.

 

Called in Applications

The SDNP has the authority to decide upon those Planning Applications that will be ‘called in’, and that will be dealt with by the SDNPA’s in-house team of planners, rather than using the Local Authority planning team under the Agency agreement. The SDNPA expects to deal with up to about 150 planning applications in this way each year. These will be the more significant types of development which potentially generate particular, special or major issues for the National Park, such as Boomtown.

 

REASONS FOR COMMENT ON PLANNING APPLICATIONS

Planning authorities – either the SDNPA or the local authority acting on their behalf – are only allowed to take ‘material planning considerations’ into account when considering comments.

There are many material considerations, but the most common include:

Negative effects on amenity (neighbours and community) - particularly due to: 

 

• Noise and disturbance resulting from use
• Overlooking & loss of privacy
• Nuisance e.g., adequacy of parking, loading, turning
• Overshadowing / loss of daylight
• Hazardous materials
• Visual amenity (but not loss of view) e.g., loss of trees
• Disabled persons’ accessibility

 

All the above should be accompanied by detailed evidence where at all possible.

 

Over-development or overcrowding of the site - particularly where the proposal is out of character in the area.

Layout and density of building

 

Negative / adverse visual impact - particularly on the landscape and or locality

Landscaping

 

Detrimental effect of proposed development on the character of the local area (Appendix C)

• Nature Conservation
• Dark Night Skies
• Solar panels

 

Design issues - including:

• Bulk / massing
• Detailing and materials
• Local design guidance / policy ignored
• Over-bearing / out-of-scale or out of character in terms of appearance 

 

In Conservation Areas - adverse effect on the character and appearance of the Conservation Area or heritage assets within it.

 

Effect on Listed Buildings 

 

Highways 

• Safety
• Traffic generation
• Road access

 

Proposals in the Development Plan

 

Local, strategic, regional and national planning policies (Appendix C)

 

Government circulars, orders and statutory instruments

 

Previous planning/appeal decisions
 

 

THE FOLLOWING ARE NOT REASONS FOR COMMENT

The following are not considered to be valid Planning concerns.

The applicant's personal circumstances or other private matters are not usually a consideration

The applicant’s ethnic origin, religious beliefs, their sexual orientation, political or other affiliations.

Boundary disputes or other unresolved civil disputes such as access or ownership disputes (unless their cause / content is specifically related to the planning proposal) 

The reason that the applicant is applying for planning permission (e.g. if the applicant has fallen on hard times and will sell the site to the highest bidder to make money) 

Any profit likely to be made (except perhaps in the case of rural exception sites).

The attitude or behaviour of the applicant or their representatives

Worries or hearsay about possible future expansion or alternative uses of the application site - unless future plans are included in the application documentation.

Effect on the value of properties in the area

The effect of construction (i.e. dust, noise, nuisance caused by construction traffic etc.). This is not a planning consideration as such and is unlikely to be considered, although it may be a statutory nuisance and something that could be considered by Environmental Health. The times when noisy work rests with the Local Authority but there are some standard hours that are generally seen as acceptable:

Monday – Friday: 8am – 6pm

Saturday: 8am – 1pm

Sunday or Bank Holiday: No noisy work permitted

 

Restrictive covenants.

The loss of a view.

Ownership disputes over rights of way

Fence lines etc.

Personal morals or views about the applicant.

 

BASIS FOR COMMENT

Comments in response to Planning Applications should be based upon one of the following criteria.

Support the application because it will have benefits for the local area, either now or in the long run;

Support the application but ask for details of the proposed development to be reconsidered and changed;

Take no action, since the proposal’s overall effect would be neutral or of little relevance;

Register an objection to the application, but suggest action that could be taken to address your objection, such as amending

the proposal or attaching planning conditions or a planning obligation; or

Request that the application be refused permission because of its adverse effects, which can’t be dealt with satisfactorily by

using conditions or obligations.

 

COMMUNITY INFRASTRUCTURE LEVY

The Community Infrastructure Levy (CIL) Regulations, introduced by the SDNPA on 01 April 2017, allows local authorities in England and Wales to raise funds from developers who are undertaking new building projects.

Statistics show that under the system of planning obligations only 6 per cent of all planning permissions nationally (usually the largest schemes) brought any contribution to the cost of supporting infrastructure. Through CIL, all but the smallest building projects will contribute towards additional infrastructure needed as a result of development.

Use the following link for more information.

https://www.southdowns.gov.uk/planning/community-infrastructure-levy/

 

WHAT IS INFRASTRUCTURE?

Infrastructure that can be funded by the levy includes schools, transport, green infrastructure, flood defences, community and other health and social care facilities. This definition allows the levy to be used to fund a very broad range of amenities such as play areas, parks and cultural and sports facilities, and gives communities flexibility to choose what infrastructure they need. The Levy can be spent on ‘the provision, improvement, replacement, operation or maintenance of infrastructure’.

 

DEVELOPMENT WILL BE LIABLE TO PAY CIL IF:

• It is a building into which people normally go
• The gross internal area of the new build/ extension will be more than 100m2
• One or more new dwellings are created, even where the new build floor space is less than 100m2

 

 DEVELOPMENT WILL NOT BE LIABLE TO PAY CIL IF IT:

Is a structure or building into which people do not usually go, or go only intermittently for the purpose of maintaining or inspecting machinery.

It is a change of use with no additional floor space (if no new dwellings are created), and subject to Regulation 40 whereby the floor space is discounted only if it was in lawful use for at least six months out of the last three years.

Is a change of use from a single dwelling to two or more separate dwellings where no extension of the main dwelling takes place.

Is social housing, or will be used for charitable purposes, or is a self-build (in these circumstances exemption is not automatic and must be applied for, and is subject to a clawback period).

Buildings with temporary planning permission.

 

FURTHER READING ON CIL

The SDNPA CIL charging schedule is a useful document to refer to and can be accessed via the following link.

https://www.southdowns.gov.uk/wp-content/uploads/2017/03/CIL-CHARGING-SCHEDULE.pdf

 

 

CHERITON PARISH COUNCIL

PLANNING

The document that follows details the process of responding to Planning Applications either as received by the Clerk to the Parish, or as the Parish Council should resolve to make in the event that a Planning Application is likely to impact the Community of Cheriton, the landscape or the environment in which it sits and which it is believed should therefore concern the Parish.

 

On receipt of a Planning Application from the Local Authority

• The Clerk will notify members of the Parish Council of the application via email.
• Applications notified to the Council by the Clerk will be added to the forthcoming Meeting Agenda.

 

On being informed of a Planning Application by a member of the Public or of the Parish Council

• Should the Clerk be informed of a Planning Application to which either a member of the public or of the Parish Council believes the Council should respond the Clerk will inform the Parish Council of the application via email.
• Applications notified to the Council in this way will be added to the forthcoming Meeting Agenda.

 

Planning Committee

The Planning Committee will prepare comments on a Planning Application in draft and copy to all members of the Parish Council via email in advance of the next Parish Council Meeting.

Should the Planning Committee decide that a site visit is needed in order to respond to an application members of the Planning Committee will agree a visit with the applicant or the applicant’s agent (whichever is indicated on the Planning Application), and will not engage in discussion with the applicant on a response to the Application but will again prepare comments on the application in draft  and copy to all members of the Parish Council via email in advance of the next Parish Council Meeting.

 

Members of the Parish Council

Members of the Parish Council may not discuss Planning Applications with an applicant either prior to or after the application has been submitted to the Local Authority but will instead invite the applicant to the next Parish Council Meeting where the applicant may discuss any submissions that they may wish to make during the Public Session.

Planning Applications for which draft comments have previously been circulated may be discussed at the next Parish Council meeting under that item on the Agenda headed Planning and may be subject to amendment based upon other views expressed either:

 

1. via email to the Planning Committee prior to the meeting or,
2. by those members of Council present at the meeting or,
3. by members of the Public whose views are presented to the meeting by the Clerk or,
4. by oral submissions made by the public during the Public Session of the meeting.

 

Those invited to speak must adhere to the Standing Orders in respect of the length of their submission, unless the Chair and the Clerk agree to lift Standing Orders for that duration of time.

 

Final comments will be resolved by those Council members present at the meeting.

Amendments to the draft discussed at the meeting will be sent by the Planning Committee to all members of the Parish Council and will usually be submitted to the Local Authority by the Clerk, except that the Planning Committee will be able to do so in the absence of the Clerk and providing that the submissions have previously been resolved by the Parish Council.

All comments once resolved by Council will be included in the Minutes of Meeting under the item headed Planning.

Cheriton Parish Council and the Planning Committee will pay due regard to planning guidance issued by the Local Authority and may refer to precedence where the application has been submitted previously.

Where it is not possible to discuss and agree comments on a Planning Application prior to the closing date for the receipt of responses by the Local Authority either the Planning Committee or the Clerk may make that decision in advance of the next Parish Council meeting and if asked to do so by members of the Planning Committee the Clerk will request an extension of time in which to respond from the Local Authority, except that in the event the Clerk should disagree with the request the Chair of the Parish Council will be called upon to make a final decision on the matter.

All members of the Parish will adhere to the Nolan Principles when considering responses that may be made to Planning Applications. See Appendix B.

 

ATTRIBUTIONS

The contents of this document are not exclusively of the authors creation and are attributed to be derived from the following published documents and the Internet.

 

• SDNP Authority                - www. Southdowns.gov.uk/Planning
• WCC Local Authority         - www.winchester.gov.uk/Planning
• www.iobject.co.uk
• www.richmond.gov.uk
• NALC (National Association of Local Councils) Planning Explained
• NALC How to Respond to Planning Applications

All content is subject to amendment from time to time in response to public comment and requests for correction and amendment where agreed by the Parish Council and as changes in government legislation shall require.

 

 

APPENDIX A

SDNPA SETTLEMENT BOUNDARY ADJACENT TO NORTHEND CHERITON

 

APPENDIX B

THE NOLAN PRINCIPLES

The Seven Principles of Public Life, known as the Nolan Principles, were defined by the Committee for Standards in Public Life.

 They are:

Selflessness: Holders of public office should act solely in terms of the public interest. They should not do so in order to gain financial or other benefits for themselves, their family or their friends.

Integrity: Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties.

Objectivity: In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.

Accountability: Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.

Openness: Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands it.

Honesty: Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.

Leadership Holders of public office should promote and support these principles by leadership and example.

 

APPENDIX C