Part 1
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REPORT OF THE STRATEGIC DIRECTOR OF HOUSING AND PLANNING
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TO THE LEAD MEMBER FOR PLANNING
ON TUESDAY 29TH AUGUST 2006
TO CABINET ON 12 SEPTEMBER 2006
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TITLE: PLANNING PROTOCOL WITH CENTRAL SALFORD URC
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RECOMMENDATIONS: That CABINET approves the Protocol
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EXECUTIVE SUMMARY:
Government Guidance on the establishment of Urban Regeneration Companies is
that protocols be established to cover a number of matters, including the relationship
between the Planning Authority and a URC, and that Planning Authorities give weight
to approved URC Regeneration Frameworks through the planning process.
A Planning Protocol has been prepared to cover the relationship with the URC. The
principles contained in the protocol have been approved by the URC Board.
The purpose of this protocol is to outline the engagement and consultation process
between
 Salford City Council, as Local Planning Authority
 Urban Vision, as the City Council’s agent, being responsible for the
development control function on its behalf; and
 Central Salford Urban Regeneration Company, as the Company
established to drive change and renewal in Central Salford.
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BACKGROUND DOCUMENTS:
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ASSESSMENT OF RISK: Low
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SOURCE OF FUNDING: N/A
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LEGAL IMPLICATIONS: Ian Sheard
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FINANCIAL IMPLICATIONS; None
COMMUNICATION IMPLICATIONS: N/A
CLIENT IMPLICATIONS: covered in the protocol
PROPERTY: N/A
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HUMAN RESOURCES: N/A
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CONTACT OFFICER: David Evans 0161 601 7733
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WARD(S) TO WHICH REPORT RELATE(S): Ordsall, Broughton, Irwell Riverside,
Langworthy, Kersal, Claremont and Weaste and Seedley.
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KEY COUNCIL POLICIES:
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DETAILS:
1.
Introduction
1.1
Central Salford URC covers an area with a population of 72,000 and is a
partnership between Salford City Council, the Northwest Regional
Development Agency, English Partnerships and the private sector. The
purpose of the URC is to lead and co-ordinate the redevelopment of the city’s
seven central wards of Ordsall, Broughton, Irwell Riverside, Langworthy,
Kersal, Claremont and Weaste and Seedley.
1.2
Government Guidance in setting up URC’s is set out in “Urban Regeneration
Companies - Guidance and Qualification Criteria – May 2004”. Section 19, J,
iii) states
“ODPM will seek written assurances on the following factors, all of
which are essential if proponents wish to secure Ministerial
endorsement to the formation of a URC as part of the Government
programme:…”
“iii) Establishment of customised planning procedures and coordinated internal administrative arrangements in and amongst
member local authorities in support of URC activities and projects. For
example:
a) Planning committees focused on the URC area;
b) Joint planning committees where there is more than one local
authority;
c) Identified personnel in local authorities to act as primary points of
contact on URC matters and to act as URC “champions” internally – to
ensure connections and avoid conflict between Departments on URC
matters.
d) Memoranda of understanding to cement arrangements and, for
example, procedures to ensure the URC team is kept informed and/or
consulted on key local authority matters affecting the URC.”
One of the key responsibilities of the Local Planning Authority is stated to be
“• Supports URC through dedicated planning and other decisionmaking procedures, and makes links with other local initiatives and
policies.”
1.3
Having considered these matters, the attached protocol has been drafted to
govern the relationship between the URC and the Planning Authority.
1.4
The URC Board approved a report on this Protocol in May 2006.
2.
Contents of the Protocol
2.1
This document addresses:
 Pre-planning application contact with developers
 The process for considering planning applications in the Central
Salford area
 Consideration of design
 Representation at meetings of the Planning and Transportation
Regulatory Panel
 The preparation of planning documents, masterplans, development
briefs and planning guidance.
3.
Recommendation
3.1
That the Planning Protocol be approved
Planning Protocol
Between Salford City Council, Urban Vision and Central
Salford Urban Regeneration Company
1.0
Introduction
1.1 The purpose of this protocol is to outline the engagement and
consultation process between
 Salford City Council, as Local Planning Authority,
 Urban Vision, as the City Council’s agent and operating /
being responsible for the development control function on
its behalf; and
 Central Salford Urban Regeneration Company, as the
agency established to drive change and renewal in
Central Salford.
1.2 This document addresses:
 Pre-planning application contact with developers
 The process for considering planning applications in the
Central Salford area
 Consideration of design
 Representation at meetings of the Planning and
Transportation Regulatory Panel
 The preparation of planning documents, masterplans,
development briefs and planning guidance
1.3 A separate protocol has been drafted in respect of land and
property matters.
2.0
Background
2.1
Central Salford URC covers an area with a population of
72,000 and is a partnership between Salford City Council,
the Northwest Regional Development Agency, English
Partnerships and the private sector. The purpose of the
URC is to lead and co-ordinate the redevelopment of the
city’s seven central wards of Ordsall, Broughton, Irwell
Riverside, Langworthy, Kersal, Claremont, & Weaste and
Seedley.
2.2
The URC has commissioned the production of a Vision
and Regeneration Framework which will provide the
strategic direction for Central Salford’s future
regeneration.
2.3
Following
public
consultation,
the
Vision
and
Regeneration Framework has been approved by the URC
Board and the City Council and will inform the preparation
of Planning Documents that together comprise the City’s
Local Development Framework (the LDF). Whilst itself
not a statutory Planning Document, the Vision and
Regeneration Framework will be a material consideration
in the determination of planning applications in the Central
Salford area, and will be afforded ‘weight’ in the context of
Regional Spatial Strategy, the UDP and LDF (the
‘Development Plan’).
3.0
Consultation Process
3.1
ODPM have specified Best Value Performance Indicators
relating to the processing of planning applications. It is crucial
to the City Council that these performance targets are achieved
since the results are included in the City Council’s
Comprehensive Performance Assessment and also are a very
significant part of the criteria for the award of Planning Delivery
Grant. In terms of volume of planning applications received,
approximately half of all ‘major’ and ‘minor’ applications in
Salford are submitted within the Central Salford area. The
partners to this protocol are concerned to ensure that planning
applications within Central Salford continue to be determined
efficiently and effectively with proper regard to the BVPI
timeframes. The performance targets are as follows:



Major planning applications* – The target is that
66% of major planning applications should be dealt
with in under 13 weeks - this is a top quartile target
Urban Vision is committed to achieving (BVPI
target is 60%).
Minor planning applications* – 65% of minor
planning applications should be determined in
under 8 weeks.
Other planning applications* – 80% of other
planning applications should be dealt with in under
8 weeks.
* Definitions of Major, Minor and Other applications can be
found at Appendix 1
3.2
In view of the need for timely decisions on planning
applications the URC team will normally respond to
consultations from Urban Vision within 15 working days
from the date of consultation. Where, in exceptional
circumstances, this is not possible, URC officers will liaise
with Urban Vision staff to negotiate a timescale for
comment. This will enable applicants to take account of
suggestions and proposals of the URC team, to redraft
their plans or supply any additional information to ensure
there is time for re-consultation, publicity and reporting to
the City Council.
3.3
Consultation between Urban Vision (UV) staff and the
URC team will be based on the following protocol.
 The URC will be consulted on major planning
applications within the area shown on the
attached Plan 1.
 There will be no automatic consultation on
minor or other planning applications, except
where a specific request is received from the
URC team. (Such applications will be identified
from the weekly list, which will be emailed to
the URC each week).
 Within the URC’s 4 Transformation Areas
Primary Area shown on Plan 1, Urban Vision
will invite the URC team to all pre-application
meetings and engage and include URC staff on
all consultations on major applications. Once
an application is submitted, paper copies of all
documentation / plans will be provided to the
URC.
 In the Secondary Area (Plan 1), notification of
planning applications with emailed pdf file will
be provided to the URC.
3.4
Pre-planning Application Contact – Developers are
encouraged to discuss their proposals before submission
of an application. UV Planning staff lead on this service
and will involve URC staff in line with the above protocol.
When a developer makes first contact with the URC team,
they will be referred to the appropriate UV case officer
who will convene the pre-application meeting involving the
Development Team when appropriate.
3.5
The Response of the URC on Planning Applications –
there are 3 main consultation responses:

No comment / No objection.

Support (with or without amendments).
In such cases, amendments sought should be set
out with reasons.

Object / Refuse.
In such cases, the reasons for objecting should be
clearly set out together with an indication of what
changes may overcome the objection. Where a
straight refusal is sought, the URC response should
clearly set out the justification for such a refusal
with regard to the following:The proposal is….
1. Contrary to the development plan (RSS,
UDP, other statutory planning documents)
2. Contrary to URC Vision and Regeneration
Framework, (with reference to material
planning considerations which can be
supported at appeal).
In both circumstances, specific reasons referring to
policy or
proposals need to be stated.
3.6
All parties to this protocol acknowledge that the planning
application decision-making process requires that the decision should
be made in accordance with the development plan unless material
circumstances indicate otherwise.
3.7
Conflict resolution: There will be occasions when the Urban
Vision planning team reach a different conclusion to the
recommendation of the URC. It is important to recognise this will occur
and include a process in the Protocol to provide a means of resolution.
3.8
Urban Vision will never seek to recommend the
determination of a planning application contrary to
the expressed views of the URC without first seeking
to resolve the difference of opinion with the URC. The
process will involve an early dialogue between the URC,
Urban Vision and City Council teams to attempt to resolve
the differences. Where it proves impossible to reach a
common view between Urban Vision, the City Council
(Housing & Planning) and the URC, the URC will be
formally requested to submit a report, within 10 working
days of receipt of a formal request for such a report by
Urban Vision, setting out the reasons for it taking the view
it does. Such a report will be given due consideration, as
follows: In the case of delegated applications, this report
will be considered by the City Council Director of
Housing and Planning & the Head of Planning &
Development, who will inform UV staff of their
conclusions, which will be final and binding on all
parties.
 In the case of non delegated matters, that report
will be presented in full to the regulatory panel,
whose decision is which will be final.
3.9
It is accepted by all parties to this protocol, that the final
decision on planning applications rests with the City
Council as Local Planning Authority, who will make their
decision in accordance with the Development Plan unless
material circumstances indicate otherwise as outlined
above.
4
Design
4.1
Design is of key importance and will be central to
consideration on many applications. Design will be
considered at both pre-planning application and planning
application stages. Architects will be encouraged to attend
the meeting of the DTA outline their proposals. The DTA
will assess the scheme against the development plan and
the Vision and Regeneration Framework and provide
advice as appropriate.
4.2
In considering design matters, the following parties will be
involved :-
Name
Organisation
– Urban Vision
Group
Leader
Development Control
Development Control Case Urban Vision
Officer
Urban Designer
City Council
Peter Hunter
City
Council
retained
Architectural Consultant (as
necessary)
Architect/Agent
Acting for Applicant
Representative
URC
Architect/Urban Designer
URC retained Architectural
Consultant (as necessary)
4.3
5
At both pre-application and planning application stages,
the outcome of the DTA’s considerations will be
summarised in an “action note” which will sit on the public
file and be available to all parties.
Planning and Transportation Regulatory Panel
5.1
In line with ODPM guidance, a representative of the URC
should regularly attend meetings of the Planning &
Transportation Regulatory Panel, and to have the right to speak
but not vote. The precise way in which this might work is being
given careful consideration, bearing in mind the need to ensure
that any arrangements should not fetter the URC in its role as a
consultant on planning applications.
6.
Plans
6.1
The development control process is “plan led”, which
means that the starting point for considering planning
applications is the statutory Development Plan. This
comprises Regional Spatial Strategy (RSS), the Unitary
Development Plan (UDP) and Development Planning
Documents produced as part of the Local Development
Framework (LDF).
6.2
The Central Salford Vision and Regeneration Framework (VRF)
cannot over-ride or supersede the Development Plan. It is important to
ensure that key components of the VRF are incorporated into new
planning documents. Important documents in the next few years
include the Core Spatial Strategy, the Housing Market Supplementary
Planning Document (SPD), the Planning Obligations SPD, the
Greenspace SPD, and a number of Area Action Plans. New Planning
documents are likely to be reviewed in the light of the UDP Inspector’s
report, and there may be some pressure to produce more Area Action
Plans than currently envisaged. In reviewing what is required, and in
producing Planning documents, the local planning authority will want to
ensure that the URC team are closely involved at all stages and have
an opportunity to work jointly with the City Council’s planning team
where this would be beneficial.
6.3
The URC may want to develop plans, masterplans,
development briefs and guidance to assist the
regeneration process, and which it would want the local
planning authority to use in its consideration of planning
applications. These documents are likely to have little
planning status unless they are produced jointly by the
URC and the local planning authority – they will be
afforded more weight in planning terms where they are
statutory, but there is always a balance to be achieved
between “weight” (statutory documents) and timeliness
(non statutory documents produced by the LPA as
guidance, which can be produced with more speed, but
which cannot be formal planning policy or allocate land).
6.4
The URC and the City Council as local planning authority
will commit to working together on plan preparation and the
production of planning guidance, using their joint skills to best
advantage. The URC will have a voice in the production and review of
Salford’s Local Development Scheme (the document which sets out
the statutory plans to be produced, agreed with Government Office and
the Planning Inspectorate), and the URC will consult the Head of
Planning on behalf of the LPA on plans, masterplans, briefs and
guidance it would wish to produce or commission. It will be
normal practice that these will be produced or commissioned
jointly by the URC and the LPA, so the opportunity to maximise their
“status” in planning terms is not compromised.
7
Conclusion
7.1
This protocol provides a framework for communication
and the resolution of issues between the URC, UV and
SCC. The overall objective is for all parties to work
together to help implement the VRF, whilst maintaining an
effective and efficient Planning service.
7.2
The protocol will be kept under review.
Chris Findley
Chris Farrow
Dave Jolley
Head of Planning &
Development
Salford City Council
Chief Executive
Central Salford URC
Regulatory Services
Urban Vision
Appendix 1
Definitions of Major, Minor And Other Planning Applications
For residential developments, a major site is one where 10 or more dwellings
are to be constructed or, if this is not known, where the site area is 0.5
hectares or more. For other types of development, a major site is one
where the floorspace to be built is 1,000 square metres or more, or the
site area is 1 hectare or more. A minor site is a development which
does not meet the criteria for major development nor the definitions of
Change of Use or Householder Development.