Chapter 1 - INTRODUCTION
1.1 The Role of Planning
1.1.1 Few things ever stay the same. Buildings that once met a need become disused. New needs for houses, factories, offices and shops are found as people move in and out of areas, technology changes and the way we live alters. It is essential that we decide, as a community, the changes in the way we use land to reflect these changing needs.
1.1.2 Planning permission is needed to prevent developments and new uses which would be harmful to the public interest. Without planning control buildings which could unacceptably block light to neighbours, create dangerous traffic conditions or be harmful in many other ways could be built.
1.1.3 Planning also has a more positive role:
• It helps us achieve the kind of high quality environment we wish to see.
• It helps see that the houses and places of work we need in the future are co-ordinated, are accessible and are built in the right places and in the right way.
• It helps to see that resources are used efficiently on new transport investment and on regenerating run-down areas.
• It helps us to preserve and enhance our most cherished built and natural heritage and it also helps ensure that the whole community has access to the facilities they need.
1.1.4 Planning is concerned with the management of this change for the good of the whole community. The law gives local Councils a duty to prepare a plan which set out how they would like this change to occur, and what can or cannot be built in particular areas (in Brent this is called a Unitary Development Plan (UDP)). It also makes Councils responsible for deciding whether or not particular proposals for change should be allowed.
1.2 Purpose of the Plan
1.2.1 The Unitary Development Plan (UDP) is a legal document containing all the planning policies and standards which will be used to make decisions on planning applications - whether for major commercial developments or for small schemes such as house extensions. The Plan also indicates where the Council wishes positively to encourage new development in particular areas within the Borough or on individual sites.
1.2.2 In Britain a 'plan-led' system operates. This means that, unless there are good reasons not to, the plan should be followed in making decisions on planning applications. This helps avoid decisions being made in an arbitrary manner, gives the public the opportunity to shape the way decisions are made and the future of an area and, finally, gives everyone a reasonable level of certainty which can aid the making of property and investment decisions.
1.2.3 The Council has reviewed the UDP adopted in 1996 and this version replaces that plan. The replacement plan, however, had to go through a number of stages before it could be finalised or 'adopted'. These stages are designed to take account of the views of those who might have an interest in the future planning of the Borough such as local residents and businesses.
1.2.4 The replacement plan was adopted on 14th January 2004. The 'plan-led' system referred to above applies and Section 54A of the 1990 Planning Act requires planning applications to be determined in accordance with the Plan unless material considerations indicate otherwise.
1.2.5 The legal framework for the preparation of the UDP is the Town and Country Planning Act 1990 (as amended by the Planning and Compensation Act 1991), and the Town and Country Planning (Unitary Development Plan) (England) Regulations 1999. Under these every London Borough is required to prepare a Unitary Development Plan which is the statutory Development Plan for the whole of its area. The Plan has to address 'strategic' London-wide issues and contain detailed local policies. The original Brent Unitary Development Plan was adopted on February 15th 1996. The policies and proposals in the UDP are intended to last for about 10 years from the date of adoption, although the Council is required to keep the plan up to date and make formal modifications to the plan to take account of changing circumstances.
1.2.6 Brent's UDP has been produced within the context of national and regional planning policies as well as those for London as a whole, the latter being set out principally in the Government's Strategic Guidance (RPG3) issued in 1996. It has also had regard to the Strategic Advice prepared by the London Planning Advisory Committee (LPAC) - an organisation of London Boroughs which advised on London planning issues, and proposals of adjoining local authorities. The setting up of the Greater London Authority in May 2000 means that the Mayor’s Spatial Development Strategy (the ‘London Plan’) has taken the place of these.
1.2.7 The key stages in the plan preparation process are shown below. Following the initial 'deposit' of the plan there was a period for objection. Then the Council responded to these objections and placed the plan on a 'revised deposit'. Following this, objections were only permitted into the proposed alterations. This was the plan considered by an independent inspector who received written and/or verbal representations from objectors. The Inspector then prepared a report which the Council had a duty to consider before the plan was adopted. In due course the whole review process will begin again. However, due to recent changes in the planning legislation, a new Local Development Framework (LDF) will eventually replace the UDP. The LDF will go through a modified adoption process, which encourages more community involvement. The Council’s planning website gives you more information about these changes at: www.brent.gov.uk/planning
1.3 Format of the Plan
1.3.1 Under current planning legislation the UDP must contain a Written Statement, presented in two parts, and a Proposals Map.
1.3.2 Part I : This sets out the broad development and land use strategy for the Borough, taking account of London-wide planning issues. It contains major land use policies and provides the framework for the more detailed policies and proposals in Part II. By law this section must contain policies on development, traffic management and environmental improvement.
1.3.3 Part II : This contains the more detailed planning policies, with reasoned justification, under different chapter headings such as shopping, housing, transport, open space, etc. There are additional chapters on two areas in need of regeneration, which are the subject of larger scale 'Inset' Plans. These Inset Plans look in greater depth at areas with complex planning issues and cover the Wembley Regeneration Area and Park Royal. In addition there are parking and servicing standards and also proposals for specific sites which are set out in a Schedule of Site Specific Proposals within the Plan. It is important to view the plan as a whole - for example if land is allocated for a specific use then other policies generally promoting other uses will not apply.
1.3.4 The Proposals Map shows the areas covered by specific policies in the Plan such as Metropolitan Open Land, Conservation Areas, Primary Shopping Frontages and Strategic Employment Areas, and proposals for specific sites. The Proposals Map also contains two Inset Maps to correspond with the Inset Plan areas.
1.3.5 In addition to the statutory policies, proposals and parking and servicing standards set out in the Unitary Development Plan, the Council also issues additional planning guidance on matters such as the design of development and access for disabled people. Although not contained in the Plan, this guidance, called Supplementary Planning Guidance, can be helpful for those making planning applications as it may be a material consideration in their determination.
