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Back to School - a policy update from the LI

Theo Plowman

Theo Plowman is Policy and Public Affairs Manager at the Landscape Institute.

The summer has been a busy time for policy with no summer break in sight; there were several important consultations launching and concluding. The government’s planning white paper was introduced, DEFRA’s England Tree Strategy launched and the Environmental Land Management Consultation was revived and settled in the space of a month.

Parliament and schools returned on September 1st and whilst the attention of the chamber may be focused on the return of students, Brexit legislation quickly returns with the Fisheries Bill. Whilst you’d be forgiven for perhaps overlooking the Bill as seascape more than landscape, the debate and subsequent voting will give an indication as to how Boris Johnson’s government will wield his 80-seat majority and may give indications for future bills more pertinent to our sector.

Following the conclusion of the most recent round of UK-EU trade negotiations, the EU’s chief negotiator Michel Barnier said it ‘seems unlikely’ that a deal will be agreed ahead of December 31. If the UK is to get a deal it will be a lengthy and time-consuming affair, with lots of legislation needing to pass through Parliament in a relatively short time period.

Parliamentarians will also want to know how the Government plans to support those losing their jobs, and what will be done to try and create new jobs in order to prevent unemployment rising further.

Planning White Paper

August 6th 2020 has in some planning circles already been coined “Planning Reform Day” with the Government’s Planning for the Future white paper landing with a degree of ferocity, with claims it will deliver “radical reform unlike anything we have seen since the Second World War”. Whether it will be quite so “D-Day” is a question that the planning sector is still grappling with. The consultation period on the white paper ends on 29 October 2020. The aspiration in the document is that (subject to time extensions for recent plans) new local plans should be in place by the end of this Parliament, so by Spring 2024. Given that those local plans will take up to 30 months to be put in place under the new system proposed, the necessary primary legislation will need to have been passed and in force, with any necessary accompanying Regulations and guidance, by Autumn 2021.

This article will briefly outline the proposed reforms, and some of the key sections for our sector to consider further as the consultation moves forward.

Reform of Local Plans

The NPPF is here to stay, and is now to be ‘representative of all general planning policies’ and will act as the standard by which local plans will adhere. Local plans will be simplified into three new development categories:

– Growth areas: Suitable for substantial development – essentially a fast-track scheme for those areas ordained suitable.

– Renewal: Areas suitable for development but with specific usage requirements e.g. residential, healthcare and education (reminiscent of U.S. zoning laws).

– Protect: Stricter areas such as AONBs, Green Belts and ‘significant areas of green space.’ Could see usage of National Character Areas or other measures of landscape ‘beauty’.

Digitising Planning and Consultation

A classic trope of tattered planning notices attached to lampposts has come to be a symbol of the outdated system. Perhaps hastened by lockdown and the subsequent rush to digitise planning activity, the government is seeking to shift development proposals and consultations to be digital by default.

Resourcing design

As noted in the recent Building Better, Building Beautiful Commission (BBBBC) there have been clear indications that many LPAs lack staff and skills to deliver better, beautiful design. The white paper accepts that there have been cuts and subsequent skills drains, but points towards a somewhat nebulous “culture change” in planning departments to make them more digitally-adept and forward looking. All these changes will, of course, need money, and whilst there is a promise of a resourcing and skills framework there isn’t a huge amount of detail around how to properly resource design.

Design Codes and ‘Beauty’

Whilst we are eagerly awaiting the response to the BBBBC’s final report (due in the coming months) it is clear that government has read and pushed ahead with some of the report’s recommendations. One of the most appealing of the commissions ideas appears to be the “fast-track for beauty”, the idea being that beautiful well-designed developments will have lightning quick approval. Unfortunately, I have neither the space or the ink to get into the debates of beauty in design, but suffice to say delivery of such a framework may prove somewhat problematic.

The new National Design Guide will broadly continue to be the guide for what is considered to be good design. The government are expected to publish an accompanying National Model Design Code and a refreshed Manual for Streets.

Reform of Developer Contributions

Section 106 agreements and the Community Infrastructure Levy (CIL) will be exchanged with a new type of infrastructure levy, which will be a fixed percentage of the value of a new development. Importantly it will also fund amenity spaces and other green infrastructure. This has been greeted with some scepticism as to how the funding will match the ambitious targets for on-site affordable housing let alone things such as green infrastructure. One of the key changes will be that these new funds will only be available at the point of occupation and that local authorities will have to pay for infrastructure such as landscape work upfront. However, under the proposals, councils would be allowed to borrow against levy revenues, to forward-fund infrastructure.

Sustainability and Climate Change

Under the new planning system all homes will need to be “zero-carbon ready” with the ability to become fully zero carbon homes over time as the electricity grid decarbonises, without the need for further costly retrofitting. There is also a mandate that all new homes are carbon neutral by 2050.

Next Steps

This note serves as a brief introduction to these proposals, we are currently consulting with members on our full response.

We look forward to working with the government to shape these proposals and to ensure that they work for the benefit of people, place, and nature.

The consultation on Planning for the Future closes on 29th October 2020. It is open to everyone, across public and private sectors.

We will be responding to the proposals shortly. To have your say, and to get involved in our policy development, contact policy@ landscapeinstitute.org.

LI Responds to ELMS Consultation

The LI, working with internal and external partners, published a joint and individual response to the Environmental Land Management Consultation. Leading on a response from the Environmental Policy Forum (EPF – a network of UK environmental professional bodies), the LI contributed to the policy discussion document, as well outlining several principles for an effective framework.

The initial focus of the system is to replace subsidy for farming as we leave the EU; however, we must not lose the wider ambition set out in the 25 Year Environment Plan. The Environmental Land Management system can be the main delivery framework for transforming all land through investment and sustainable resource management. This must be built upon the strong foundation of legal protections contained in the Environment Bill:

1. The UK’s exit from the EU should not lead to a reduction in the overall financial envelope for the achievement of positive environmental outcomes, especially for the period of the 25-year Environment Plan.

2. The new scheme(s) must have the ambition to improve a much greater extent of land than currently, and therefore to target investment where it will deliver the greatest benefits. This will mean ensuring that the scheme is open and appealing to anyone who owns or manages land, as well as increasing uptake amongst smaller sites, particularly in areas fringing towns and cities.

3. That any transition period begins with a fixed end date, after which point no public funds will support farming practices that lead to a decline in the quality of the natural environment.

Read the full ELMS response here:

https://www.landscapeinstitute.org/ consultation/environmental-landmanagement-schemes-consultation/

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