Planning and Development 19 th May 2011 Philippa Lowe Head of Development Services.
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Transcript of Planning and Development 19 th May 2011 Philippa Lowe Head of Development Services.
ThePlanning System
DEVELOPMENT MANAGEMENT •Pre-apps
•Planning apps•S106 Agreements
•Advertisement Control•Listed Buildings and Trees
ENFORCEMENT -Development without permission
-Unauthorised works to LB’s & Trees-Not complying with approvals
STRATEGIC PLANNING•Development Plans
•Local Development Framework
SUSTAINABLE DEVELOPMENT
The Planning System
• Decision Making Framework:- managing competing uses for space- Origins – 1947 Planning Act
• Actively engage with Communities…..
• Balancing different needs:• Economic• Social • Environmental
• Good planning ensures:• Right Development • Right place• Right time
Key Focus for Planning
• Responding to rapidly changing political environment:
• Local Government Priorities• Localism Bill – Community Engagement • Changes in Legislation – see handout
• Climate Change & Sustainable Development
• 5-Year Housing Land Supply
• Locally set Application Fees
WHAT IS PLANNING POLICY?
• Future growth and development proposals
• Local Land Use policies• Framework for making decisions• Allow acceptable development• Planning for Growth (Budget 2011)
DEVELOPMENT PLAN
• Cotswold District Local Plan• Gloucestershire Structure Plan• RPG10• Minerals and Waste Local Plans
• ‘Saved’ policies http://www.cotswold.gov.uk/nqcontent.cfm?a_id=10157&tt=cotswold
• LDF Core Strategy http://www.cotswold.gov.uk/nqcontent.cfm?a_id=10248&tt=cotswold
PLANNING POLICY PRINCIPLES
• Different types of policies:- ‘Strategic’- General guidance- Permissive/ proactive proposals- Restrictive/ protective
• Consider all relevant policies• Flexible, not prescriptive, but…• Material consideration in planning
decisions- Section 38(6) Planning & Compulsory Purchase
Act 2004- Exceptions and departures from policy
COTSWOLD LOCAL PLAN (1) Strategic Context
The Cotswold Environment
•Managing resources
•Protecting our natural environment
•Protecting our heritage
COTSWOLD LOCAL PLAN (2)
Housing, economic & social needs
•Development Strategy•Housing•Economy•Social and Leisure
COTSWOLD LOCAL PLAN (3)
• Infrastructure• Raising Standards,
ensuring quality• Site-specific
policies and proposals
• Proposals Maps
WHY ARE POLICIES IMPORTANT?
• Accordance with national policy
• Local accountability• Consistent decision-
making• Probity• Avoiding unwelcome
precedent• Appeals against refusal• Reviewing policy
FIVE YEAR HOUSING LAND SUPPLY
• PPS3 – LPA’s must maintain 5 year supply of housing land
• Sites identified in Local Plan to 2011• PPS3 (para. 71) “Where LPA’s cannot demonstrate an
up-to-date five year supply…they should consider favourably planning applications for housing…”
• …subject to other considerations• A shortfall can transcend local policy• Currently, we have a shortfall• Dynamic situation – always check with case officer• Strategy being devised to combat current/ future
shortfall
Role of Development Services
• Our Stated Purpose:
“Working together to meet the development needs of our customers whilst protecting
and enhancing the built and natural environment of the Cotswolds”
What we do……………..
Development Management – Kevin Field
Cases last year:•1675 applications last year;•1933 enquiries pre-app’ enquires;• 49 Appeals;• 586 Enforcement Complaints;• 1585 Land Charge Searches - responses Currently:•300 Applications;•25 Major applications awaiting determination, Including Highfield Farm, Tetbury (250 units), North Home Road, Cirencester(103 units) and Siddington Road, Cirencester(60 units);197 Open Enforcement complaints;•10 Appeals.•Achievements:•Customer Satisfaction ratings of 86+%;•Fee income + £600K pa.
Trees Conservation
LandscapeBiodiversity
Heritage and Design - Sophia Price
• 75% areas - AONB • 42 Regionally Important
Geological Sites• 31 Reg’d Parks and
Gardens
• 40+ SSSI’s• 6,000+ listed buildings• 144 Conservation Areas• 290 Key Wildlife Sites• 70% Cotswold Water Park
Trees Conservation
LandscapeBiodiversity
Heritage and Design Cases
•500 – 600 tree applications per year•460+ Tree Preservation Orders•Management of 70+ sites with trees owned by CDC
•500 – 600 Listed Building Consent applications per year (no fee)•~1,000 consultations from Development Management per year
Building Control – John Hill
Role –•Plan Checking - building projects•Inspecting building work - compliance•Dangerous Structures•Public - building related enquires
Achievements -•Customer Satisfaction ratings of 90+%•Fee income generation of around £425K pa•Market share of Building Control work 80+%•LABC Regional Building Excellence Award 2010 Winner
Westington Hill Farm Chipping Campden
• Formal definition - Section 55 of Town and Country
Planning Act 1990.
• Building, Engineering, Mining or Other Operation. Development - Could be a change of use.
• Some development will not require permission.
• Permitted by General Permitted Development Management Order or Use Classes Order.
WHAT IS DEVELOPMENT?
Applications Types
• Most common application seeks planning permission – 70% of these related to householder development
• Full planning permission – buildings, engineering operations, changes of use. .
• Non-compliance or changes to conditions• Outline planning permission – erection of buildings• Followed by submission of ‘Reserved Matters’
Planning Applications
1. Determine in accordance with the Development Plan unless material considerations indicate otherwise.
2. Development Plan • Regional Planning Guidance Note 10• Gloucestershire Structure Plan – Second Review• Cotswold District Local Plan
Other Application Types and Tests
• Listed Building Consent - the desirability of preserving the building its setting or any architectural or historical features that it possesses.
• Conservation Area Consent - Controls demolition on structures that are not listed. There are numerous exemptions to this control.
• Advertisement Consent - Not just signs containing words. Many advertisements do not require consent. Consideration restricted to visual amenity and highway safety.
Other Application Types and Tests
• CLEUDS (Certificates of Lawful Existing Use) – 4 and 10 year test
• CLOPUDS ( Certificate of Proposed Use or Development)
• A formal decision based on the Town and Country Planning (General Permitted Development Management) Order 1995
• Agricultural Notification - 28 days to seek further details in respect of design and siting – if requested treated as an application
Other Application Types and Tests
• Tree Preservation Orders – does the tree have public amenity value?
• Section 211 Notifications - to carry out works to trees in a conservation area – allows 6 weeks to make a Preservation Order
• Telecommunication Development – Not all require an application – 56 day notification – siting and appearance
• No response – deemed approved
Planning application#
Pre – app discussions#
Consultations/Notification#
Determine Application#
Appeal Process
Delivery
Appraise & Engage#
Vision/Inception
Compliance/Monitoring#
Front-Loading Development Management is:
“End-to-end management of the delivery chain for sustainable
development”
‘Del
iver
y C
hai
n’
•Right development; Right Place; Right time.
Customer Focus:•Pro-active•Positive•Partnership•Proportionate
Enforcement
• Development without planning permission is not a criminal offence;
• Complaints are investigated to see if there is any evidence of a breach of planning control;
• There must be a reasoned justification of whether or not it is EXPEDIENT to take enforcement action, having regard to:
• Development plan• All other material planning considerations.......…...
Material Considerations….….
• Who Decides?
• No set definition in law but defined by the Courts• What are they?
• Must relate to development of land and genuine planning matters
• Precedent:
• Must consider each case on its own individual merits and circumstances
Material Considerations: Examples
• Policy:• National• Local
• Duties under Acts:• Listed Building and Conservation Area Act• Environmental Act• Climate Change Act etc,
• Views of Consultees:
• Statutory Consultees• Technical Consultees• Public Notification
• Factors on the Ground: ………………..
• Layout/density
• Appearance/design
• Landscaping
• Sustainable development
• Impact on neighbouring land/properties
• Amenity: daylight, sunlight, privacy
• Ecology, Landscape
• Noise, Smell, Pollution
• Access/traffic
• Conservation/listed building impact
• Affordable housing
• Crime (and fear of)
• Health/Health and Safety
• Economic & social benefits
• Cumulative impact
• Planning history/related decisions
• Personal circumstances (rarely)
• Viability – economics of provision
• Environmental impacts
• Impact/reduction in property values
• Profit
• Land Ownership/right of access
• Boundary disputes
• Work already done
• Personal views about the applicant
• Moral objections
• Objection based on discrimination grounds
• Loss of private view
• Retrospective application
• Breach of restrictive covenants
• The Applicant/ History of applicant
• Change from previous scheme
• Matters covered by other legislation e.g. Building Regulations, Environmental Health
• Level of Local support/opposition
• Commercial competition
Material: Non- Material:
Role of Councillors 1.
• As a Ward Councillor….-…….you can support or oppose an application and represent
the views of your constituents• As a Planning Committee Member……
-……..doing so will compromised your (impartial) role on the committee
There is therefore an important difference between those Cllrs involved in making a decision and those seeking to influence it.
……..If in doubt get advice from legal: Predisposition, Predetermination, Bias and Code of Conduct.
Role of Councillors 2.
• Inform officers about any approaches made to you and seek advice
• Always involve officers and structure discussions with developers
1.Consultations/Publicity
• 5065 Consultations – 2497 responses.
• 5838 Neighbours consulted – 2624 responses.
• By means of Website, Site Notice, Neighbour Notification Letter, Advertisement in Local Paper – depends on site and application details.
• Councillors notified by email alert – weekly list issued on Sunday.
• Anyone can subscribe to email alerts for applications and decisions
• Few consultations in paper format. Over 90% of consultations with Parish Councils by email alert.
• If decision contrary to Parish Council view written explanation provided
Scheme of Delegation
• Majority of applications are potentially delegated
• Not applications for the Council, staff or Councillors
• Any Member, not just the relevant Ward Member can request an application be determined at Planning Committee – Good planning reason required
• Refusals will need Ward Member agreement – email from Case Officer
• Permission when objections received also require Ward Member agreement
2.Planning Committee
• Chair – Cllr Venetia Crosbie Dawson
• Portfolio Holder – Cllr Sue Jepson
• Lead Officer: Kevin Field
• Legal Officer: Bhavna Patel
• Committee Clerk: Derek Chiplin
• Team Leader – Development Management
• Case Officer/ Specialist Officers e.g. Conservation Officers as required
3.Planning Committee• Meetings on 2nd Wednesday of Month – 4/5 week cycle
• Agenda/Schedule issued 5 working days in advance of the meeting
• New style schedule being introduced from July 2011 – Please give feedback
• Additional pages forwarded by post or email on the Friday preceding the meeting
• Further updates provided on the morning of the meeting – need to arrive 30 minutes before start
4.Planning Committee• Important to work in partnership with officers
• We may not always agree – that’s fine
• Discuss issues/questions with officers in advance
• Officers will provide updates and are likely to use a PowerPoint presentation including photographs
• The Chair will invite public speakers to give a 3 minute presentation – details of public speaking are on the website.
• Members will be asked for comments and then questions
5.Planning Committee• Ward Members will be invited to make comments but can’t vote
• You cannot vote if you have not been present throughout the debate
• Do not give the impression that you have prejudged the application
• Ensure comments remain objective
• Do not engage in conversation with any interested 3rd party
• Ask officers for advice if it is possible that you could make a proposal contrary to the recommendation
Making the Decision
DEVELOPMENT PLAN POLICIES
Material Planning Considerations
Technical Consultee responses
All other views – if material
Look at individual merits/ context
Come to a view in light of officer assessment and
recommendation
Think about:-why is the proposal acceptable?-is there any harm?-is any harm outweighed by the benefits?
Think about:-what is it about the proposal/specific part of the proposal that causes harm?-what is the precise nature of the unacceptable impact?-what is the policy basis?
Approval? Refusal?
Approvals and Conditions
Approvals - must be:
• LAWFUL;
• Reference to relevant development plan policies should be included;
• Conditions, with reasons must pass tests of Circular 11/95
• Justification should be clearly minuted if different from officer report/recommendation*;
Conditions Circular 11/95 Tests:
• Necessary
• Relevant to planning
• Relevant to the development
• Enforceable
• Precise
• Reasonable in all other respects
Appeals can be made in respect of any condition – costs awarded if not reasonable.
RefusalsRefusals - must be:• LAWFUL;• Justified by reasons, based on Development Plan
policies and any other material considerations;• Defendable and based on credible evidence – as may
be subject to appeal;• Reasonable and valid – or may result in award of
costs…and• You only need one good reason.
Cautionary notes
• Particular care is needed if intend to over-rule technical advice such as Highways, Environment Agency (if in doubt DON’T!)
• Use a common - sense approach – What is commonly acceptable within residential areas such as degree of overlooking, proximity of dwellings etc?
• Relying on local knowledge is acceptable only if based on a firm evidential base – take particular care where there are technical issues (eg highways)
• There must be a clear AUDIT TRAIL for the decision
Contrary Decisions at Committee
• There will be cases when Members consider making a Contrary Decision to the Officer’s recommendation
• Members may wish to place more or less weight on some material considerations and the “balancing exercise” means a different outcome
• It is an inevitable part of Committee decision-making and in many cases is reasonable and defensible
• BUT It is important to take care in order to MINIMISE THE RISKS
PARTNERSHIP AND ENGAGEMENT
• Support members – information/guidance (offer drop in/training)• Meetings with Portfolio Holder and Chair Planning Committee• Facilitate community engagement (South Cerney, Fairford)• Engage with service users:
• Agents Forum• Peer Review
• Training for Parish/Town Councils (event 30th June)