5 The new English regional planning
5.3 The new regional planning system
offer to English regions to elect their own Regional Assemblies. This was to be dependent on success in a referendum in each region. The option on offer was a modest one, with such elected assemblies to take powers over planning, the RDAs and the recently created Housing Boards, with some advisory powers over several other sectors, particularly culture. John Prescott was unable to per- suade other departments to cede powers to such regional bodies. In addition the White Paper insisted that regions wanting such assemblies must lose one of their two tiers of local government, moving to a unitary system. All this reflected the deeply varying enthusiasms of members of the government, with some as opposed as in 1997.
Very slowly the arrangements for the first referenda were made. That for Yorkshire never took place, because of, ostensibly, doubts about the reliability of the electronic voting system to be used. In the North East the proposal was resoundingly rejected, by 78 per cent to 22 per cent of those voting, on a turnout of 48 per cent, on 4 November 2004. As all agreed, this finished the prospect of any elected English Regional Assemblies for many years to come, as the North East had always been the region with most enthusiasm for devolu- tion, and had been expected, certainly up to 2003, to be likely to vote Yes. In fact even a few months before, opinion polls had suggested a majority in favour.
Whatever the explanation for the collapse of support (the unpopularity of the government among many Labour voters was probably very relevant), this event ended an era during which many planners had advocated elected regional government as the most important measure to make regional planning a force to be reckoned with in England. From November 2004 on, different kinds of aspirations had to be brought forward.
The ‘Chapter 2’ section of the White Paper was concerned with what should be done to improve regional governing in the absence of any elected assemblies.
It has, therefore, become the only potentially operative part of the 2002 initi- ative. The aim was to boost co-ordination by all public actors in the regions.
This particularly involved promoting the ability of Regional Assemblies to integrate strategies, and the capacity of Government Offices to bring together policy making and action in a connected manner. One sign of progress on this agenda was the Treasury’s action in 2005 to seek the advice of the three main regional institutions on long-term regional spending guidelines for economic development, transport and housing. However, a study in 2005 found little evidence of most government departments taking the White Paper agenda very seriously (Snape and Mawson 2005). Some were even carrying out regional reorganisations of their activities with no reference at all to the main regionali- sation drive of government.
ably, several years to come. Before examining the details of this new system, we need to look at how the previous system had been evolving, continuing the story from Chapter 2.
5.3.1 Regional planning 1997–2002: continuity and strengthening
The New Labour Government did not during its first term regard reforms of the planning system as a priority. Prescott and his main planning minister Richard Caborn were under some pressure to show that the planning system would be delivering for business, as required by the main drive of government of Blair and Brown. A statement was issued in 1998 on Modernising Planning, but this did not call for any legislative reform, rather pressing local authorities to be more efficient in dealing with development applications and finishing local plans (DETR 1998a). However, both Prescott and Caborn were strong regionalisers, and wanted regional planning guidance to step up its performance. Planning Policy Guidance Note 11 was issued in draft in 1998 and approved in 2000.
This was the first Planning Policy Guidance Note devoted to regional planning;
previously there had only been one page within PPG Note 12, issued in 1990.
Up to 1998, regional planning conferences had effectively had autonomy to develop guidance in whatever mode seemed best to them.
PPG11 brought in a number of significant developments in regional plan- ning practice.
• Central government wished to speed up the process of making RPG, and laid down a timetablefor each stage of the process. From start of work by the planning body to final approval by the minister, no more than 31 months should pass. Half of these should be for preparation of the advice by the Regional Planning Body (RPB), half for the rest. This target was rarely achieved, with typical lengths of preparation being around three to four years. Most delay was normally concentrated in the second part of the process, that controlled by government.
• A Public Examinationwas to be held of the guidance submitted to govern- ment, chaired by two inspectors chosen by government. This would allow public discussion of the matters chosen by the inspectors, during a period of typically, between 1999 and 2004, two or three weeks. The inspectors would then issue a report advising government. Normally this report would have a very strong impact on government’s final RPG, although govern- ment was not obliged to follow any of the inspectors’ recommendations.
This innovation, inspired by an exercise held in the West Midlands in 1993, gave a new forum for at least the better organised interests to argue their case, and for government to hone its arguments as well.
• RPBs were instructed to raise the level of public involvement. This was not pressed or detailed to the extent that was to appear in 2004, but there was a consciousness that the raised profile of RPG meant that a more regionally shared process would be desirable.
The new English regional planning 95
• Extra resourceswere provided by government, both directly to the regions for preparing guidance, and for the process as a whole, paying for the holding of the Public Examinations and for publications and research. At first resources were channelled through strategic planning authorities, but when this was seen to be not always effective in reaching the regional plan- ning process, budgets were given directly to the assemblies. This recognised the burden on regions in carrying out a much more demanding process, and made a considerable difference to work from 1999 onwards. However, the overall amounts have still been extremely limited, given the huge new tasks imposed on regional working.
• More emphasis was placed on monitoring. There was a real worry in govern- ment that the main objectives of previous guidance were not necessarily being met, or at least that no one really knew whether they were or not.
From 2000 on, therefore, a set of main targets was created, with a monitor- ing guide produced in 2002, requiring an annual monitoring report to be prepared by assemblies. This innovation reflected the widespread emphasis in the post-1997 governments on management by target setting, and the increasing wish to control key outputs of the planning system.
Already therefore in the period from 1998 to 2002 the regional planning system was given major boosts, even though this rested within a continuity, with no new legislation. With hindsight it can be seen that this was effectively prepar- ing the way for what was to come, but this was not evident at the time.
5.3.2 The planning reforms of 2004
In December 2001 the government published a Green Paper on the planning system, proposing major reforms. The tone of the paper was highly critical of the performance of the system, with a strong emphasis on the needs of business.
The drive for reform had the appearance of coming from the Treasury and busi- ness, particularly the Confederation of British Industry (CBI), which had been pressing strongly on delays in the development control system (CBI 2001).
However, the most significant reform was to be the abolition of county structure plans and making the regional strategy a part of the statutory development plan.
This had not been part of the business agenda, as far as can be seen, and more likely came from the planning officials of the ministry, backed by pressure from the minister, Lord Falconer, who was probably being pushed by the prime minister for a ‘radical’ reform. As the British planning system is quite hard to change radically, being bound around by matters of legal process, some change in the development plans system must have looked attractive, especially as min- isters saw the traditionally run counties as obstacles in opening up new areas to growth and development, particularly in southern England.
What was perhaps not realised in 2001 was the upsetting effect planning reform would have on the local government system. England has had a broadly two-tier local government system since 1974, made up of shire counties and
normally between half a dozen and a dozen districts in each county. Since reforms in the mid 1980s and mid 1990s this pattern has been complicated by the cre- ation of many ‘unitary’ authorities, so that by the 2000s a patchwork effect was created. The removal of planning powers from the counties, alongside powers taken away in other fields, especially education, puts the local government system under further stress. The local plan is now placed with districts (whether shire or unitary): these are now responsible for the Local Development Framework (LDF), with its portfolio of Local Development Documents. There remains the possibility that at some stage English local government will be further reformed, although the 2006 Local Government White Paper stepped back from this course, with just a few more unitary authorities the likely result.
The Planning Bill was strongly contested, with environmental groups and, nat- urally enough, the counties, being its most vigorous opponents. Opposition in the House of Lords was finally effective in early 2004 in extracting some com- promise in the making of the RSS, and particularly its sub-regional component.
But ministers, annoyed by this need to compromise, promised to come back with new legislation, if counties did not co-operate with government and assemblies in the new regional planning process. By ‘co-operate’ was meant acceptance of the government’s new growth agenda. Subsequent developments, particularly around the Barker Reviews, were to show that the 2004 Act was indeed by no means the end of the reforms.
We now look at the main elements of the new system. Most of these build on the changes brought in earlier as described above. Government committed itself to replacing the set of 26 PPGs with a fresh series of PPSs. This meant that the tight central control over planning practice built up since the first PPG of 1988 was to be maintained under the new system (for the core significance of PPGs, see Tewdwr-Jones 2002). PPS11 on regional planning was followed by PPS1 on the system as a whole in February 2005. Six main elements of the system will be examined here, others will emerge during the following chapters.
The Regional Spatial Strategy – content
The now statutory Regional Spatial Strategy is in principle the core element of the planning system in England. The phrase ‘in principle’ is necessary, as little experience exists so far, to see whether it will fully achieve the task it has been given. Chapter 7 will consider possible ways in which the aspirations for it might not be realised. For the moment it is assumed that paragraph 1.3 of PPS11 (ODPM 2004a) gives us the prime aims:
The RSS should provide a broad development strategy for the region for a fifteen to twenty year period. The following matters should be taken into account:
• identification of the scale and distribution of provision for new housing;
• priorities for the environment, such as countryside and biodiversity protection; and
The new English regional planning 97
• transport, infrastructure, economic development, agriculture, minerals extraction and waste treatment and disposal.
The lower section of the statutory development plan, the LDF, should follow the RSS. Rather less definitely, it is stated that other regional strategies should be consistent with the RSS, with this consistency to be achieved by processes of joint or connected preparation, or continuing mutual dialogue.
The RSS follows to a significant degree the path taken by the London Plan, the Spatial Development Strategy for the capital, which can be seen as the first of the new ‘spatial strategy’ generation. That Plan is a hefty document of 420 pages, and that is not including sub-regional strategies, which were published for the five divisions of the city (central, north, south, east, west) in 2005.
Equally the first formally titled RSS, for the West Midlands, published in June 2004, was also a detailed planning exercise, running to 155 pages (and again it had little in the way of sub-regional strategies, having been prepared under the previous legislation as RPG). The first ‘real’ RSSs were being published in draft or more final form in 2006 and 2007, and they, too, are in their size and detail illustrative of the very major task the RSS has been given.
The RSS – process
The process of making an RSS is specified in great detail by the government guidance in PPS11. Two detailed figures are given which sum up the process clearly enough, reproduced here as Figures 5.1 and 5.2. There will be opportun- ities to comment on how this process really works in later sections.
The Regional Transport Strategy (RTS)
Transport planning occupies a somewhat odd and anomalous position in the new English system, doubtless reflecting the uneasy relationship between land use and transport planning, partly within separate professional ambits and nor- mally run by different government departments. The RTS is an integral part of the RSS, but it is also treated as a visibly separate strategy, and it was treated at length in a separate annex in PPG11, and again this way in PPS11, the only substantive topic to receive this treatment. The implications of these signs of partial separation will be discussed in Chapters 7 and 10.
Sub-regional planning
The abolition of the structure plan meant that the RSS has taken on the role of planning sub-regions (Roberts and Baker 2004; Marshall 2007). The government had argued that many parts of regions did not need coverage with sub-regional strategies, as there were no issues of major change that needed to be covered at that scale. For many areas, it was argued, either all regional or even national guidance was sufficient, or local planning could fill the gap.
Publication of Panel report
Consultation on proposed changes
Issue of final RSS
Output of monitoring report.
National policies.
Objectives and PSA targets.
Other regional strategies, plans and programmes.
As above plus technical/
survey work.
Identify the issues for a revision / prepare project plan
Develop options and policies, assess effects and develop draft revision
Publish draft RSS and formal consultation
EIP
Panel report
Publish draft RSS and formal consultation
Output of monitoring report.
National policies.
Objectives and PSA targets.
Other regional strategies, plans and programmes.
National policies.
Objectives and PSA targets.
Other regional strategies, plans and programmes.
Data on targets and indicators.
Socio-economic, demographic trend data etc.
SA process:
Baseline and Scoping
Refining Strategic Options
Assessing Effects
Consultation on SA Report and Publish SA Report
Monitoring
INDICATIVE RSS REVISION TIMETABLE (MONTHS)
Up to 32–34.5
Up to 26–28.5
Up to 24–25.5
Up to 15.5
3.5 0
Planning authorites, stakeholders and the public
Key
RPBs
Central Government/
Government Offices Panel
SA*
* Note: the stages within the SA process are taken from draft guidance on SA.
Figure 5.1 RSS Revision Process. (Source:ODPM (2004).)
1 Drawing up a Project Plan and Statement of Public Participation
RPB in consultation with the GO draw up the draft project plan and a regional statement of public participation for the draft RSS revision, including the relevant regional objectives and likely issues, and consult and revise the plan. [up to four months]
Further stages:
RSS approved and issued by Secretary of State.
Total time from start of process:
approximately two years, six months to two years, 11 months.
7 Issue of final RSS
Following Panel’s report, Secretary of State publishes proposed changes to draft RSS revision with a statement of reasons. Eight week consultation period on these changes before final RSS and statement of reasons is issued. [up to six months]
6 Publication of proposed changes to RSS revision
Panel reports to the Secretary of State (which GO copies to RPB and other public examination participants) and report is published.
[two to three months]
5 The Panel’s report 4 Testing and the EIP
RPB submits draft RSS revision, SA report, pre-submission consultation statement and any background documents to the Scretary of State. The draft revision is then published for consultation with an RPB letter inviting representations and a press notice issued announcing timing of the EIP. Written responses to Panel Secretary – within a six-to-12 week specified period – which are copied to GO/RPB. [up to three-and-a-half months]
3 Submission of the Draft Revision to the Secretary of State
Following the receipt of responses:
• They are analysed – four to eight weeks depending on number and complexity;
• First prelim meeting coinciding with start of consultation period on draft list of matters – 12 weeks in advance of EIP;
• Revised list of matters – published at least six weeks in advance of EIP;
• Second prelim meeting – at least five weeks in advance of EIP;
and
• EIP in front of independent Panel appointed by the Secretary of State – three to six weeks.
[five to six-and-a-half months]
RPB in co-operation with GO and other stakeholders, develops initial proposals, commences an SA of the impacts of these and then develops and refines options into a draft RSS revision involving the public on these as it does so. [up to 12 months]
2 Developing options and policies
5 The Panel’s report
With support of RPB and Secretary of State (GO) to ensure that LDDs and LTPs are consistent with the RSS.
Local Development Documents and Local Transport Plan conformity
RPB, in liaison with Go and other stakeholders, to monitor achievement of RSS targets, identify remedial action and trigger further revisions where appropriate.
Monitoring and review
Figure 5.2 Summary of the RSS Revision Process. (Source:ODPM (2004).)
The new English regional planning 101 Nevertheless, it was considered by government that some areas, especially where major growth was proposed, would need sub-regional strategies inset within the RSS. These would rarely, it was advised, be the same areas as coun- ties, because current land use and transport interactions rarely respect such boundaries.
Therefore an important role of the RSS was to identify those areas needing separate treatment. Under the arrangements finally agreed in the 2004 Act, the counties and other strategic planning authorities (the so-called Section 4(4) authorities after the name of the paragraph in the Act) would be offered by the assembly the opportunity to work up the first proposals for their sub- regions. This work would be done under a brief set by the assembly, which would specify overall requirements such as levels of growth to be examined.
The proposals would be then handed to the assembly, who would have the final responsibility for the content of the sub-regional strategies in the RSS submitted to government.
The reality of the new sub-regional planning has been that most regions have identified a very widespread need for such planning. The South East has included ten sub-regions, covering all the areas of growth and hence all the parts of the ter- ritory which really matter. The same applies in Yorkshire and the Humber, where all the major urban areas in West and South Yorkshire and Humberside, along with some coastal and more rural areas, have been included in detailed sub- regional strategies. Effectively, a whole new level of planning has emerged, as the opponents (and some of the supporters) of the Act had argued would happen. But this level is now controlled ultimately from above, by the central government and the regional strategy makers, not by those in each sub-region.
Consultation
A major theme of the 2004 reform was the need for improved public consulta- tion. PPS11 specified how this was to be carried out for the regional level, encouraging assemblies to be innovative. The advice built on suggestions by recent research (Bakeret al. 2003, for the Town and Country Planning Associ- ation (TCPA) in particular). It was advised that consultation should be ‘front loaded’ as far as possible, that is, the assembly should try to involve as many interests as possible in the early stages of strategy generation, before significant options were closed off. RPBs have made a large effort to follow this advice, by organising major consultation exercises on the issues to be addressed in the RSS, by maintaining systems of continuous responsiveness via newsletters and web pages, by some effort to reach hard to reach groups (such as the Youth Forum in Yorkshire and Humber) and by commissioning opinion polling com- panies to carry out repeated polls of representative samples of the region’s popu- lation at several points during RSS preparation.
Responsibility for consulting at sub-regional level has in part been left to local authorities, but also backed up by work by the RPB itself. It is apparent that, in some regions at least, wide publicity has been achieved for the RSS,