Plan Making and the Development Process
Answer BOTH questions.
1. Framley, a fictional inner-city area of Manchester, is one of the most densely populated areas in North England and has been ranked in the country’s top ten most-deprived neighbourhoods.
In its draft ‘Places for Everyone’ Spatial Framework, the Greater Manchester
Combined Authority pledged to transform the area with £1bn investment. If the spatial framework is adopted, around 15,000 new homes are proposed to be built on a mixture of vacant brownfield and greenfield land in the area.
However, some residents in Framley are worried that there will not be enough
affordable housing built as part of the plans, and that the loss of public green space
resulting from the proposed development will not be replaced by equivalent or better
provision in terms of quantity and quality in a suitable location.
Concerned residents have recently formed a community group to explore what they
can do to have some influence over the development and growth of their local area.
In your response, discuss the opportunities available within the statutory planning system for Framley community group to be involved in decision making and guide the development to meet their community’s needs.
2. A planning inspector was appointed by the Secretary of State to determine an appeal made by Care Homes Developer Ltd against fictional Scarfolk Council’s decision to refuse to grant outline planning permission for a retirement village in the green belt outside the town.
The Scarfolk Local Plan was adopted in 1998 and the Council cannot demonstrate a
five-year housing land supply. However, the Council is currently preparing a new Local Plan which will replace the existing development plan if adopted. During public
consultation prior to its submission for examination, the draft local plan received a high number of positive comments and strong local community support.
The application to build 65 retirement homes by Care Homes Developer Ltd was
initially refused by the Council on the grounds that the proposed scheme would not
accord with adopted local plan policy in respect of development in the countryside
outside settlement boundaries and would harm the green belt due to inappropriateness, loss of openness and encroachment into the countryside. In its
refusal, the Council also suggested there was no local need for homes in the local
area. In the Council’s emerging local plan, the same site was allocated for 150
detached dwellings at market price.
The inspector needs to make a decision whether to allow the appeal and grant outline
planning permission for the proposed retirement village development or dismiss the
appeal.
In your response, discuss the necessary steps the inspector needs to take to reach a decision in reference to the appeals procedures within the planning system and what material considerations the inspector might need to take into account in making a decision.