Planning and Development 19 th May 2011 Philippa Lowe Head of Development Services.

Planning and Development19th May 2011

Philippa Lowe

Head of Development Services

The Planning System

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

CHRIS VICKERY FORWARD PLANNING MANAGER

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

WHAT IS AN LDF?

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

Development Services

Philippa Lowe

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

Kevin FieldPlanning and Development Manager

• 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

DEVELOPMENT MANAGEMENT

Philippa Lowe

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

Community Engagement

How….What….

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: ………………..

COFFEE BREAK & EXERCISE

• 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

HOW DECISIONS ARE MADE

Kevin Field

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

Philippa Lowe

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

DECISIONS CONTRARY TO RECOMMENDATION

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)

TRAINING & SUPPORT PROGRAMME

• What next?

• Feedback on what is in place