The committee of the Thorncombe Village Trust met with the Rt. Hon. Oliver Letwin MP on the 21 January 2012 to discuss and to seek clarification of Governmental changes to the Planning System, in the form of a proposed National Planning Policy Framework (NPPF) and a Localism Bill.  At the invitation of the committee Cllr.R.Arnold (Chairman of the Thorncombe Parish Council), Cllr.N.Higgins (leader of the PC Planning Group) and Mr Mark Agnew who advises the committee on planning matters, were also present. 

The following is a record of the meeting. 

1.      Why the apparent conflict between the Localism Bill [giving more powers to local people] and the National Strategy [which will impose national targets on local people]?

Oliver Letwin explained that the Localism Bill does not change  planning law per se which remains underpinned by established statutes, but it enables local communities to influence planning outcomes through  their own Neighbourhood  Plan (NP). There is no conflict. The Localism Bill is a 52pp page précis of 1000pp National Planning Policy Framework (NPPF), written in plain English. Its purpose is to simplify planning guidance which will be underpinned by the NPPF.

 Asked by Mark Agnew if there is a presumption of development guiding future decisions, Oliver Letwin replied that the NPPF does not change the principles behind planning law, but that there is a change of emphasis placing sustainability issues to the fore and enabling local people to take responsibility for planning decisions in their communities. Mark Agnew pointed out that given local plans are required to conform to the NPPF, this imposes development at local levels. Oliver Letwin replied that strategic elements of the neighbourhood plan such as roads must conform to the local plan which in turn must conform to national policies, and that all plans must conform to national environmental protections such as green belt, SSSIs etc.

2.      Who will provide the finance and technical support for the preparation of a Neighbourhood Plan?

It is unlikely that the human resources necessary for that work can be found in a small village like Thorncombe. It is also doubtful that members of the local community will wish to devote their time and energy to such a project if they believe that Local & Neighbourhood Plans have to echo national strategy, or risk being ignored by the Planning Authority.

Oliver Letwin referred to Cerne Abbas Parish and Sherborne Town Councils both of whom are currently piloting NPs. While he doesn’t expect all Parish Councils to submit NPs, those who decide to submit will receive technical support relating to NPPF issues from local planning officers. NPs should reflect a community’s ‘vision’ of how new builds should look, size, type and where they should be located. Oliver Letwin acknowledged that in communities where there is no free local architectural expertise, Parish Councils would be expected to fund professional help. To meet the criteria to enable an NP to have legal status, Parish Councils are required to take the lead in compiling NPs; but public support must be obtained via a formal local referendum, with 50% of the turnout voting in favour.  Before the NP is validated by a local referendum, it will be scrutinised  by an independent examiner to ensure that it meets NPPF criteria and has been properly prepared via a process involving the whole neighbourhood.

3.    Why has the Government taken away the power of local authorities to set their own   development priorities? The WDDC is clearly deeply concerned by this and has responded to the Government accordingly.

       Oliver Letwin explained that housing targets are not set by the NPPF policy, they are set by district councils using statistical analysis and enshrined in their Local Plans (LPs). NPs can increase and override LP housing targets if the local community identifies a need, but NPs cannot be used to reduce housing targets. The protection of AONBs and Sights of Special Scientific Interest, etc remains in place.  Any new builds must reflect proven local demand. Mark Agnew queried how any new development in West Dorset can be justified when the evidence from the census shows a stable population.

4.    Why has protection for the countryside been largely abandoned.?  The new National Strategy states that development should not be prevented or refused on transport grounds unless the residual impacts of the development are severe’. Is such a strict test necessary?

       Terry Bennett pointed out that Campaign for the Protection of Rural England (CPRE) and the National Trust (NT) have been campaigning against the proposed changed to planning legislation as they believe it puts the countryside at risk. Oliver Letwin stated that the government was currently fine tuning some of the proposed drafting of the NPPF in response to CPRE and NT concerns, but that it is a false premise that the countryside is under threat. He reiterated that measures to protect AONBs etc remain in place and pointed out that there has never been protection for all agricultural land and that constraints relating to development of such land, which apply under primary legislation, still pertain.

Mark Agnew raised the matter of removing the transport infrastructure argument from valid grounds for objection. OL asserted given dependency on cars of those living in rural areas, carbon neutral policies and developments in transport technology such as electric cars, that objections to development on transport grounds relating to planning applications for individual structures such as a farm building would not necessarily be valid. However given the narrowness of the lanes in Thorncombe, inadequate transport infrastructure considerations as grounds for objection could be incorporated legitimately into its LP and would become ‘a rule’.

5.    How does the Government define ‘sustainable’ development’ and how does it believe that the NPPF and Localism Bill will promote and support sustainability?

Oliver Letwin advised that the NPPF definition is broadly the standard UN definition of sustainable development, but that the precise definition of sustainable development in the NPPF is all the guidance set out in the NPPF. The document makes clear, for example, that if an application compromises AONB status it is not sustainable. The NPPF will be fundamental to outcomes to planning applications and will become the basis on which local and neighbourhood planning are constructed.

6.    Will not the Government’s abandonment of the principle of giving priority to the use of Brownfield sites, before building on prime agricultural, land simply open the way for developers to use the lower cost and easier alternative of building on green fields?  Specifically in villages like Thorncombe where, as you are aware, a considerable amount of agricultural land is already in the land bank of C.G.Fry the government claims to support the concept of ‘sustainable development’. 

Oliver Letwin explained that government policy on brownfield sites is driven by environmental considerations relating to the provision of ‘green lungs’ in urban areas

The identification of Brownfield sites suitable for development is a good example of how N Ps can influence development to meet local needs and aspirations. Unless such a site was included in the Neighbourhood  Plan it would not receive planning approval under the new strategy. He also explained how Community Land Trusts (CLT) could not only ensure that only those with local connections would qualify for affordable rented and shared equity housing but this could be extended to full cost purchase of housing as well to control the number of vacant second homes in villages such as Thorncombe. He offered to run a local seminar to raise parish awareness of the advantages of setting up a CLT.

7.    What is your view of the possible re-allocation of a DDB to Thorncombe, in the new West Dorset Local Plan

        Oliver Letwin replied that the allocation of a DDB was a matter best decided by Thorncombe parishioners during the consultation process of a NP, which will take precedence over the Local Plan.  If the Parish Council and parishioners failed to produce a Neighbourhood Plan it is possible that the WDDC might decide to include a DDB for the village in the West Dorset Local Plan.  In response to a question about whether the land to the West of Thorncombe Village, which is currently in the possession of a developer, might be encompassed by a DDB allowing it to become the site for a large housing development, Oliver Letwin said that – in the absence of a neighbourhood plan – that would be up to WDDC, and he added that this was exactly the sort of decision which the village might like to make for itself by adjusting a neighbourhood plan, within which the village (rather than WDDC) would decide where development would occur.  Oliver Letwin confirmed, in answer to a question from Linda Timms, that current planning guidance still applies, but that once the NPPF is in place the new guidelines will apply. He outlined the stages/of the timetable as follows:

       In answer to a question from John Whitbread as to when the assessment of local housing needs will be complete, Oliver Letwin explained that the assessment is ongoing, that the current figures are freely available from WDDC and that national targets are being removed. WDDC figures can be challenged and are subject to independent assessment.

8.    How do you assess the impact of the NPPF on the nature of the Dorset AONB? 

        The time constraint on the meeting meant that a detailed response by OL to such a general and wide-ranging question was not possible, but OL re-affirmed that the AONB would be protected by the NPPF (see the responses to Qs 3, 4 &5)

9.    What action does the government intend to take to implement improvements to the rural communication infrastructure [such as transport and broadband] to support new development?  Current broadband speeds in Thorncombe are lower than 1.5 Mbps 

       Oliver Letwin reported that tenders to improve broadband speeds in West Dorset are in hand, that 90% of the population living within 500m of a switching station will enjoy improved speeds of 24 Mbps and that Thorncombe will benefit from these improvements. Work will start in 2013, with completion by late 2015  

10.  What evidence is there that anyone, except the incoming new owners, benefits from development in the countryside? A 50% increase in Thorncombe village has not secured the future of local services.  School numbers have dropped from 75 to 50, the shop is struggling to survive and there is a general shortage of volunteers for local projects. There are already 42 units of affordable housing in the village. This would be adequate if local people were given priority. Even the Section 106 on Tansee Hill giving this priority is being ignored.

Oliver Letwin advised that under the Localism Act, section 106 is replaced by a system of ‘tariffs’ paid by developers – and that a ‘meaningful proportion’ of the tariff would now come directly to the village. He also explained that, if the village adopted a neighbourhood plan, then the normal process of planning permission can be replaced by a local development order specifying exactly what can be built, and would constitute a final planning permission.  Any deviation by a developer from the terms of a final permission would result in strict enforcement.

 11.  Will the government review the situation with regard to empty properties and their release into the housing market? There are perfectly sound empty houses in the public sector, which could be brought back into the housing stock for allocation to those on local government housing lists. In the private sector long term vacant houses, second homes and holiday lets are another significant factor in the current housing shortage.  This is particularly so in villages such as Thorncombe, where a number of such properties are located.  Changes to planning policy and the need to meet regional house building targets may well lead to further housing development in Thorrncombe, whereas targets will probably be achieved if empty or rarely used properties are occupied full-time.

        In view of the time constraint and the general political nature of the question, the meeting agreed to move on to the next question.

12.  Isn’t the true purpose of this new strategy really about achieving a short-term boost to the economy with no regard to the long term impact of further inappropriate rural development?

       Oliver Letwin denied that the Localism Act and the NPPF were designed just to boost the economy.  He pointed out that the new framework shifts power to local communities to decide what is best for them via a guaranteed process.  He emphasised the importance also of establishing a Community Land Trust to protect local aims and aspirations.

 13.  What is a "very large" development and who has the power to decide?  (See page 12 of the Localism Bill)

       Oliver Letwin explained that the reference to  ‘large developments’ in the Localism Bill refers to those that are hugely larger than anything which would apply in Thorncombe, such as the development of a garden city.

Mr Letwin emphasized, during the meeting, that the following measures offer particular assistance to the community in Thorncombe to express its aspirations and to achieve influence in the long term over the nature of future of planning and development in Thorncombe.

i)   The development of a Neighbourhood Plan by the Parish Council in co-operation with the local community (see items 2 & 7).

ii)   The establishment of a Community Land Trust (see items 6 & 12).

The committee agreed that the Thorncombe Village Trust will continue to be involved and will assist the parish council and local community in the preparation and introduction of i) & ii) above.

The meeting concluded with a proposal of a vote of thanks by Terry Bennett to Oliver Letwin,   supported unanimously by those attending the meeting.

                                                                                                                                                           18 February 2012

For more information :

Draft National Planning Policy Framework http://www.dorsetforyou.com/401036

Read a summary of this new legislation