Planning and Development
19th May 2011
Philippa Lowe
Head of Development Services
The Planning System
The
Planning System
STRATEGIC PLANNING
•Development Plans
•Local Development Framework
SUSTAINABLE DEVELOPMENT
DEVELOPMENT MANAGEMENT
ENFORCEMENT
•Pre-apps
-Development without permission
•Planning apps
-Unauthorised works to LB’s & Trees
•S106 Agreements
-Not complying with approvals
•Advertisement Control
•Listed Buildings and Trees
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?
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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.
Heritage and Design - Sophia Price
Biodiversity
Landscape
Trees
• 75% areas - AONB
• 42 Regionally Important
Geological Sites
• 31 Reg’d Parks and
Gardens
Conservation
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40+ SSSI’s
6,000+ listed buildings
144 Conservation Areas
290 Key Wildlife Sites
70% Cotswold Water Park
Heritage and Design Cases
Biodiversity
Landscape
Trees
•500 – 600 tree applications per year
•460+ Tree Preservation Orders
•Management of 70+ sites with trees
owned by CDC
Conservation
•500 – 600 Listed Building Consent
applications per year (no fee)
•~1,000 consultations from Development
Management per year
Building Control – John Hill
Westington Hill Farm Chipping Campden
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
Kevin Field
Planning and Development Manager
WHAT IS DEVELOPMENT?
• Formal definition - Section 55 of Town and Country
Planning Act 1990.
• Building, Engineering, Mining or Other Operation.
Development - Could be a change of use.
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Some development will not require permission.
• Permitted by General Permitted Development Management
Order or Use Classes Order.
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
Front-Loading
Development Management
Vision/Inception
is:
“End-to-end management of the
delivery chain for sustainable
development”
Pre – app discussions#
Planning application#
Consultations/Notification#
Determine Application#
Appeal Process
Delivery
Compliance/Monitoring#
‘Delivery Chain’
Appraise & Engage#
•Right development; Right Place;
Right time.
Customer Focus:•Pro-active
•Positive
•Partnership
•Proportionate
Community Engagement
What….
How….
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
Material:
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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
Non- Material:
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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
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
Approval?
Think about:
-why is the proposal
acceptable?
-is there any harm?
-is any harm
outweighed by the
benefits?
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
Refusal?
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?
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.
Refusals
Refusals - 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
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There will be cases when Members consider making a Contrary
Decision to the Officer’s recommendation
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Members may wish to place more or less weight on some material
considerations and the “balancing exercise” means a different outcome
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It is an inevitable part of Committee decision-making and in many
cases is reasonable and defensible
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BUT It is important to take care in order to MINIMISE THE RISKS
PARTNERSHIP AND ENGAGEMENT
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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