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