Wales planning news, November 2019

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Wales planning news, November 2019

08 Nov 2019
       

Contents

 
 
 
 
 
 
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Headline news

 
     
 

Revisions to the Housing section of Planning Policy Wales and associated advice and guidance

Welsh Government is consulting on revisions to the housing section of Planning Policy Wales (PPW) and associated advice and guidance, following a call to evidence previously undertaken in July 2018. The key proposals that are being consulted on are to remove the requirement in PPW for local planning authorities to provide a five-year supply of land for housing; to revoke related TAN 1 in its entirety; and to replace the monitoring of housing land supply with the monitoring of housing delivery based on the LDP housing trajectory. The consultation is discussed further in this Lichfields’ blog.
The Consultation ends on 20th November 2019.

Welsh Government, Delivery of housing through the planning systemWelsh Government, Delivery of housing through the planning system, Consultation Document

     

 

Quote of the month

 
     
     
     
 
Today I am commencing a consultation on proposed changes to the ‘Housing Delivery’ section of Planning Policy Wales. The changes remove the five-year housing land supply policy and replace it with a policy statement making it explicit that the housing trajectory will be the basis for monitoring the delivery of development plan housing requirements as part of AMRs. I consider that this approach would ensure that the monitoring of housing delivery, including the response to under-delivery, is an integral part of the process of development plan monitoring and review.
Julia James AM Minister for Housing and Local Government
 
     
     

 

Welsh Government Compulsory Purchase Order Consultation

Welsh Government recently launched a consultation on proposals to update policy guidance in relation to compulsory purchase orders (CPO). The consultation seeks views on the production of a new circular to provide updated guidance following various reforms to CPO powers since the existing circular (14/2004) was published in 2004. A significant aspect of the consultation relates to intended new advice on the arrangements for offering back surplus government land, to former owners or successors, that was acquired under a threat of compulsion.
Views are also being sought in relation to revisions to Planning Policy Wales that seek to strength support for the use of CPOs by local authorities to redevelop land and buildings in the public interest.
The consultation ends on 17 January 2020.

Welsh Government, Compulsory purchase orders updated policy and guidanceWelsh Government, Compulsory purchase orders updated policy and guidance, Consultation Draft

 

Revised planning guidance in relation to flooding and coastal erosion

This Welsh Government consultation is seeking views on draft revisions to planning guidance in relation to flooding and coastal erosion, it follows consultation on the draft National Strategy for Flood and Coastal Erosion Risk Management earlier this summer. Following a review of the effectiveness of existing policy it is  proposed that a revised Technical Advice Note (TAN) 15: Development, flooding and coastal erosion will replace TAN 14: Coastal Planning, (published in 1997) and TAN 15: Development and Flood Risk, (published in 2004). Further details of the consultation and potential implications are discussed in this Lichfields’ blog
The consultation closes on 17 January 2020.
 

Welsh Government, Technical Advice Note 15: Development, flooding and coastal erosionWelsh Government, Technical advice note 15 development flooding and coastal erosion, Consultation Draft

Written Statement: Extension to consultation on draft National Development Framework

The consultation period for the Draft National Development Framework has been extended until Friday 15 November 2019. Following the commencement of the consultation on 7 August 2019, updated versions of the Habitats Regulations Assessment and Integrated Sustainability Appraisal were published. Welsh Government has therefore extended the consultation period accordingly.
 

Welsh Government, Written Statement Extension to draft National Development Framework consultation

The treatment of electricity storage within the planning system

The Government previously held a consultation in January 2019 on the treatment of electricity storage within the planning system. A further consultation is now taking place as the government has decided to change its consultation position based on previous evidence from stakeholders. In respect of Wales it is now proposed that planning decisions for electricity storage (except pumped hydro) of any size will generally fall to be consented by the relevant Local Planning Authority under the TCPA regime, whereas currently this is only the case for electricity storage (except pumped hydro) below 350MW.
The consultation closes on the 10th December 2019.

Welsh Government, the planning system for electricity storage follow up consultation

Welsh Government Securing Biodiversity Enhancements

On 23 October Welsh Government wrote to chief planning officers to clarify the weight that is to be given to biodiversity enhancements in light of legislation and policy changes under the Environment (Wales) Act 2016 and Planning Policy Wales 10, respectively. The letter from Welsh Government reinforces the need for planning applications to avoid significant losses of biodiversity and achieve net biodiversity gain. It stipulates that where biodiversity enhancement is not proposed as part of an application, significant weight will be given to its absence, and unless other significant material considerations indicate otherwise it will be necessary to refuse permission.

Welsh Government letter to Heads of Planning: Securing Biodiversity Enhancements

     

 

The Lichfields perspective

 
     
     
     
 

The proposed removal of the requirement for local planning authorities to demonstrate a 5-year supply has the potential to threaten the much-needed increase in housing delivery. The intended purpose of the new assessment of deliverability is to boost the plan-led approach to development. We fully support the plan-led approach but LDP preparation must be underpinned by a more robust assessment of deliverability of potential allocations. In addition, there also need to be stronger sanctions against those authorities that fail to maintain an up-to-date LDP or meet their housing requirements. Mechanisms are also required to combat any short-term gaps in the delivery from plan-led sites.

Simon Coop, Planning Director
 
     

 

Disclaimer: This publication has been written in general terms and cannot be relied on to cover specific situations. We recommend that you obtain professional advice before acting or refraining from acting on any of the contents of this publication. Lichfields accepts no duty of care or liability for any loss occasioned to any person acting or refraining from acting as a result of any material in this publication. Lichfields is the trading name of Nathaniel Lichfield & Partners Limited. Registered in England, no.2778116