Town and Country Planning: Development Management Procedure - Assignment Example

 Development management is the process in which the local government in England regulates or ensures that the land is utilized in the best manner. This is done through a number of ways such as setting policies that will regulate that or proposing laws that will promote the same. This system relies on a plan that is set by planners then the public has to give their view on the same. However, over the years the sector has been faulted over its hand in the changes made in the urban centres. These include how buildings are build and how others are replaced. The major changes that have been seen in cities such as London which greatly influence the economy of the country have been faulted since the population that they can hold is far below the expected one therefore raising the cost of living (Roger & Sweet, 2008). London is one of the most expensive cities to live in while in England. The reason behind this lies in the planning of the city and the project where the council houses were being replaced with better houses. Over the years, the housing sector was owned or pre-dominated by the council. However, looking at the trend, the private sector is the pre-dominant housing sector in England (Wheeler, 2015). One of the schemes that changed the housing and land owning sector in England and the urban centres in particular is the Right to Buy scheme. Under this scheme, individuals were given the chance to own land after being tenants for long. These houses are sold at high discounts to promote a situation where more people stands in a position to own the houses. Urban growth is not uniform in a given urban city (Dhanani & Vaughan, 2013). Therefore, in advocating and implementing some of these plans such as the Right to Buy scheme which has been faulted as it has not achieved the goals it was set for in the best possible manner, there is need to have coherent plans in place that will prevent such plans from stalling. The town and country planning order 1987 has classified land and building uses into categories for easier planning. Though there is some significant change in land use over the years, there are expectations that are bound to be considered from one use to another. For example, if a land user wants to change from A3 to A1, this can be done without seeking legal approval. However, if the premises that were there needs to be changed, this should need legal approval. Looking at the way this process has been handled, it has hindered growth in a significant way leading to issues such as the high cost of living in London that is scaring investors away. 1. The planning applications should be handled by individuals who not only have sound understanding of the same but who can steer and project the development trends for the future. However, it is disappointing that the sector and the applications are being handled by laymen. This can be explained in a number of ways. First, there are individuals who had been mandated with the role of planning and overseeing the planning process in the past. If the trends change in the recent times, they are supposed to vacate their positions and allow new individuals who are up to the new trends to take them and steer the way forward. However, in situations where that does not happen, the result is that the planning will be handled by incompetent people. The policies that will be brought up will therefore rarely meet the expectations of a growing or the needs that may be arising. Planning permission is permission to erect or extend a building (Diydata, 2002). The Town and Country Planning (Development Procedure) (England) Order 2015 clearly puts it that an infrastructure manager is mandated with the role of developing and/or maintain the land and managing the use of a given piece of land. He/she also permits the land to be used for the operation it need to be used for. Considering the dynamics that will be involved in such an operation, there is need to have competent individuals to handle the process. Therefore, the drawbacks that have been seen in the planning sector can be greatly attributed to the individuals who are handling the planning applications. These people should stand in a position where they propose changes that need to be done to address the various challenges that are emerging as well as ensure that all the considerations are made in planning for land use. Many planning applications are made in England in any given time. Considering 2014 alone, between April and June, 123 000 applications were received. These were made for permission to make various planning issues. This was a decrease by 1% from the earlier value of the corresponding quarter a year earlier i.e. 2013. Of the applications made, 92 400 were granted. Again, this was up by 1% from the number of granted permissions in the corresponding quarter in 2013. 89% permissions were granted. A significant change was noted in the number of major applications that were decided that rose from 63% in 2013 to 79% in the corresponding quarter (Department for Communities and Local Government, 2014a). This posed a great image of the planning sector. This was in the district level planning. Therefore, if individuals who had a better understanding of the concepts involved in the planning sector were incorporated in the decision making, better ideas would be hatched and the planning sector would greatly change. 2. The applications made are varying and the process of approving them is complex. This takes quite some time for them to be determined. The controversy that lies in the determination of the applications mainly involves the planning dynamics and the type of land use that is to be implemented. If in a case the individuals making the decision cannot come to a conclusion on the decision to make, the application can take time to be decided. Planning permission is needed in a number of times. For instance, when one needs to erect a new building, when one needs to make major changes to a building such as making an extension, and when one wants to change the use of the building. In some of this cases, there is controversy on the type of use the house will be put into and the earlier plan of the given area. It is important to note that in the urban centres, there are plans that are already in place that need to be considered before allowing any building to be built or an extension to be made on a given house. One cannot work without getting a planning permission if one is needed for a given building (Department for Communities and Local Government, 2014b). There are penalties that come with the failure to honour the laws that need to be followed in the process. However, if a decision is made and one feels that justice did not prevail, one has the right to appeal it. These are among the controversial issues that take the decision panel some time to decide (Department for Communities and Local Government, 2014c). The major decisions that may take time to decide include the building of houses in the cities which are densely populated. Such a decision will involve various parties who should decide whether the house will have any negative effects to the environment and whether it is in line with the plan that has to be maintained. However, the plans that are already in place are often challenged as they were made when some emerging trends in the development of the cities and the rural areas were not considered. In such instances, the decisions made are often overturned if the court has enough evidence to prove that the idea is noble and will lead to the desired results as well as abide to the laws put in place. All the stakeholders in this process who include the relevant authorities, the individuals which maybe private developers, and the law enforcement body must be incorporated in deciding the controversial cases (Rydin et. al. 2015). 3. The development management system in England is guided by the Town and Country Planning (Development Management Procedure) (England) Order 2015 in the execution of its mandates. This is an order that was made to consolidate with all the amendments provisions of the Town and Country Planning (Development Management Procedure) (England) Order 2010. This order makes a clear prescription on all the procedures that need to be followed when it comes to issues connected to planning applications, consultations that in line with the same i.e. planning applications, determination of the applications that are made in a coherent and timely manner, addressing the appeals that are made if the individuals having presented a given application feels the decision made was not satisfactory, making local development orders, and maintenance of registers of planning applications and related matters (DCLG, 2015). This is already too much work for the development management system and so they should not be mandated with the role of ensuring or managing the aesthetic quality of development. However, since this is an important aspect of development, a special arm that should be working hand in hand with the development management system should be put in place to ensure that the same is observed when the decisions are being made. Therefore, in making the decisions after applications are made, a representative for the section of aesthetic development should be present. This will not only ensure that the decision and the opinion he makes is independent but also ensure that the opinion given is informed. In the earlier section of this paper we have addressed the issue of having lay men to handle the applications that are made. This has serious consequences on the decisions that are made as they will be substandard. There should be a serious take over in the sector with the government hiring highly qualified people to handle the applications. The considerations that such people will make before coming to a conclusion are the ones needed unlike the decisions that are made with an uninformed consideration. Therefore, to maintain the aesthetic aspect of development, the same should be done. A few members should be incorporated in the team making the decisions and then ensure that they decisions are also considered whenever a serious decisions is being made. Their take on the applications made should also be considered. This will clear the mess that is already present in the planning sector. 4. There is a controversy that lies in the illegality of building or making an extension on a building without the permission of the relevant body. To clear on this, though building a house or anything else without planning permission is not considered a criminal offense in England, if one fails to comply with some of the notices made to rectify a given problem that has been pin pointed, it can be considered a criminal offense. There are also other instances that are classified as criminal offences. A breach usually occurs when a development that requires planning permission is undertaken without the permission being granted or when a given permission is misused by building in a manner not corresponding with the application that was made. Referring to the first breach above, it can result if there was no application made in the first place or if the application was declined and no appeal was made. Most of the people who make claims on the issue are often misinformed or wrong on the law. It is also important to note that a planning breach is in itself not considered illegal. The authority will try to sort things out in the best way possible. This will be made in case the building is being made without an application having been made. In such an instance, an application can be made and if it is correct a small fine may be imposed. However, in a situation where an application had been made prior and turned down, the owner may be asked to halt the operations and such buildings are brought down. It is therefore wise to align with the requirements that have been made as far as the planning is concerned. Prosecution often happens in cases where the individuals have been found guilty of defying the orders given by the authority. As indicated above, if one is found to have breached the application process, the correct procedure will be followed. However, if the individual still goes on with the forewarned operation legal intervention may be needed. The most common penalty is a fine that is imposed on the individual and the construction brought to a halt (East Riding Yorkshire Council, 2015). The claims made are therefore not exaggerated but made from an uninformed point of view. The general public should be made aware of the process that need to be followed to escape a situation where a building can be brought down due to the failure to comply with the simple laws. On top of that, it is important to seek advice from the relevant authority whenever one wants to erect a building or make an extension (Department for Communities and Local Government, 2014d) Bibliography Department for Communities and Local Government. GOV.UK. 2014a. Planning applications in England: April to June 2014. Statistics: National statistics. Retrieved from. Department for Communities and Local Government. GOV.UK. 2014b. Failure to obtain or comply with planning permission. Retrieved from. Department for Communities and Local Government. GOV.UK. 2014c. Change of use: Planning permissions. Retrieved from. Department for Communities and Local Government. GOV.UK. 2014d. Planning Permission. Retrieved from. Dhanani, A. & Vaughan, L. 2013. A porous urban-fabric: the structures and scales of London’s peri-urban development from 1880 to 2013. Proceedings of the Ninth International Space Syntax Symposium. Diydata. 2002. Planning permission and Building Regulations. Retrieved from. East Riding Yorkshire Council. 2015. Building without planning permission. Retrieved from. Radin et. al. 2015. Policy Briefing: Five Radical Ideas for a Better Planning System. UCL policy briefing 2015. Spelthorne. 2015. Is it illegal to build something without planning permission? Retrieved from. Town and country planning, England. 2015 No. 295. The Town and Country Planning (Development Management Procedure) (England) Order 2015. Read More