Cabinet
12 March 2012
Agenda Item No_______10______
Introduction of Fees for Pre-application Advice and “Do I need Planning
Permission?” Enquiries
Summary:
Conclusions:
Recommendations:
This report seeks authority for the adoption of a schedule of
charges covering pre-application advice and “Do I need planning
permission?” enquiries
-
That Cabinet recommends to Council the adoption of these
proposals following consultation with local agents, the
development industry, the Overview and Scrutiny
Committee and the consideration of the outcome thereof by
the Corporate Director and Head of Planning and Building
Control in consultation with the Portfolio Holder, prior to
implementation with effect from 1 May 2012.
Cabinet member(s):
Ward(s) affected:
Keith Johnson
All
Contact Officer, telephone number,
and e-mail:
Steve Oxenham, 01263 516135
Steve.oxenham@north-norfolk.gov.uk
1.
Introduction
1.1
At its meeting on 22 February 2012 the Council adopted the annual budget for
2012/13. Amongst its provisions is the inclusion of income-generating proposals
of £10,000 and £5,000 respectively relating to the introduction of fees for preapplication advice and “Do I need Planning Permission?” enquiries which are
currently provided free at the point of delivery. This report suggests principles
and attaches a draft Schedule of Fees for consultation with the local
development industry prior to adoption by the Council at its meeting on 18 April
2012, with a view to its introduction on 1 May.
Cabinet
12 March 2012
2.
Background
2.1
Approximately 440 formal pre-application enquiries are received per year, and
some 320 “Do I need planning permission?” enquiries are also received annually.
In addition, Duty Planning Officers who operate on 5 half-days each week
receive approximately 2,000 enquiries per annum, an average of 8 per session.
Experience from a local authority in Lincolnshire which introduced charges last
year is that pre-application enquiries were reduced to between 25-30% of those
which had previously been received when the service was free to users. If these
figures are applied to North Norfolk we can be reasonably confident that the
budgetary target can be met, although the degree of customer resistance to the
proposals is not yet known.
3.
Principles of the Service
3.1
It is proposed that the scheme should be as simple as possible to administer,
and seen to be fair and easy for the public to understand. In the absence of any
decision by the Government to allow local fee-setting, it is suggested that the
national fee scheme be used as the basis for charging for pre-application
enquiries. This is a well-established and understood structure, and it has been
used as the basis for the introduction of similar charges last year by Kings Lynn
and West Norfolk Borough Council, so it will be understood by a number of local
agents.
3.2
It is also suggested that the pre-application fee be based on approximately 30%
of the national fee, rounded for ease of administration and with a minimum
charge of £50 to help meet administrative costs. It is also proposed that the
same exemptions apply to this service as are applied nationally, thus reducing
the scope for local disputes over “special cases”.
3.3
A draft schedule of fees is attached for consideration.
4.
The service offered
4.1
Clearly, if charges are to be levied for this service it is important that public
expectations of a good level of service are met. These should be set out clearly
and monitored in order to ensure that standards are maintained.
4.2
It is proposed that the following principles be applied.
4.3
The pre-application enquiry will be registered and an acknowledgement sent
confirming either that more information is required or that the application has
been registered and a date specifying when a response will be provided,
including details of the case officer, and consultations where appropriate will be
dispatched, all within 5 working days. For all major developments a meeting with
Officers will be offered within the period for decision, to which consultees will be
invited in appropriate cases.
Cabinet
12 March 2012
4.4
A full written response will be sent within 30 working days of registration unless
another timescale has been agreed between the parties. (It will be noted that the
District Council has no ability to control response times from consultees and
therefore their advice may have to follow the principal response).
4.5
The Council’s advice will cover the following items; the requirements to allow a
valid application to be registered, including the statutory fee required; a synopsis
of the planning history of the site; details of any statutory designations and
constraints affecting the site; the relevant planning policy context and
assessment of the scheme against planning policy; and an assessment
identifying any other material considerations; potential developer contributions; a
summary of consultee responses; a synopsis of the potential changes which may
be required to improve the scheme and, if possible, overcome objections; and an
indication of the likely recommendation of Officers, making it clear that this is
without prejudice as to the final decision that the Council may wish to make.
4.6
Once the regime is in place, Officers will give equal priority to pre-applications
and formally submitted applications; this may have implications for speed of
determination of the latter, depending on workload and resources available.
5.
“Do I need Planning Permission?” Enquiries
5.1
There is a formal process by which applicants may apply for a Lawful
Development Certificate for a proposed use of buildings of land or operational
development. The statutory fee for this is half that for an equivalent planning
application; thus for householder applications this will be £75. It is proposed that
a flat-rate fee of £50 be set for all such enquiries, again making it clear that this
represents the Officer’s professional opinion but does not bind the Authority to a
formal determination.
Since fees are not levied for Listed Building or
Conservation Area consent applications it is proposed that no fee is charged for
enquiries of this type.
5.2
It is proposed to maintain the Duty Officer system as currently operated so that
members of the public will continue to receive a limited service free of charge,
although the pressure on this service is likely to increase significantly with the
advent of charges and this workload will therefore need to be monitored.
Potential applicants will also be signposted to the Council’s website and to the
Planning Portal to which it is linked which enables applicants to obtain free
advice as to the need for permission via the web.
6.
Planning Performance Agreements
6.1
Officers are currently working on proposals which would give developers the
option of entering into a “Planning Performance Agreement” with the District
Council whereby, subject to the submission of a fee, a programmed timetable
would be drawn up for the consideration of a proposal at pre-application and
application stage. It is proposed that this be the subject of consultation with the
development industry at the same time as these proposals.
Cabinet
12 March 2012
7.
Financial Implications
7.1
It is intended that this initiative will lead to an increase in income of at least
£15,000 per annum.
8.
Risks
8.1
Customer resistance to these proposals is not known, but the experience of
another Local Authority which recently introduced similar charges has been used
in their preparation.
8.2
There is a risk that the charges will provide a disincentive to developers from
entering into pre-application discussions with Planning Officers; this could mean
that the programme of implementing major development residential allocations
and other economically valuable development could be adversely affected, in
conflict with key elements of the Council’s Corporate Plan.
8.3
There is also a risk that applicants may seek to develop without checking
whether planning permission is required which could lead to an increase in
potential enforcement cases.
8.4
These risks are to an extent mitigated by the fact that free pre-application will still
be available from Duty Planning Officers and via the website. A large number of
Local Planning Authorities also currently charge for this service.
9.
Sustainability
9.1
These proposals are not considered to have any impact on the Council’s
sustainability agenda.
10.
Equality and Diversity
10.1
The proposals take a similar position with regard to equality and diversity as do
the national statutory planning fee regulations.
RECOMMENDATION
It is recommended that Cabinet recommends to Council the adoption of these proposals
following consultation with local agents and the development industry and the
consideration of the outcome thereof by the Corporate Director and Head of Planning
and Building Control in consultation with the Portfolio Holder, prior to implementation
with effect from 1 May 2012.