Overview & Scrutiny Committee PLANNING AND CONSERVATION EFFICIENCY AND EFFECTIVENESS REVIEW Portfolio holder: Wards affected: Mr B Iles All 1 SUMMARY 1.1 At a meeting of this committee on 28 June 2004, Members agreed that as part of the committees work programme for the year, Heads of Service, along with their associated portfolio holder, be invited to attend an appropriate meeting of this committee. The primary objective of this request was to commence a project which looked at the effectiveness and efficiency of the organisation. The Revenues Service was considered on 3 August 2004. 2 BACKGROUND 2.1 Planning and Conservation was formed in April 2004 as a consequence of a review of Cultural Services and now includes Planning control Personnel Two area managers one of which one is job share (2.2fte) 4.6fte senior planning officers 4 planning officers – three studying for an MA in town planning one day a week during term time One admin manager Four administration assistants One typist Function The implementation and defence of the council’s land use and spatial policies through the determination of planning applications and subsequent appeals. Giving informal planning advice to professionals and the public. Preparation of reports and attendance at Planning Committee. 7 September 2004 Overview & Scrutiny Committee Planning enforcement. Personnel One Senior Inquiry Officer who also manages the team 1.8fte Inquiry officers Function Investigations of complaints relating to planning matters and the instigation of enforcement action as appropriate. Preparation of reports to Planning Committee. Defence of Council’s case at appeal and in Court. Conservation Personnel One manager Two conservation officers – design and trees Assistant conservation officer - trees 0.6 fte Buildings at risk officer - 0.6 fte Administration assistants -1.6 fte Function The provision of specialist design and historic building advice to the planning department, professionals and the public. The determination of applications to fell or carry out works to Tree Preservation Orders and notifications for works to trees in conservation areas. Defend subsequent appeals on the Council’s behalf. Preparation and administration of the Council’s Enhancement, Design and Green Awards. Allocation of grants to owners of historic buildings Administration of the Aylsham HERS scheme 7 September 2004 Overview & Scrutiny Committee Management of trees on council owned land Parish Tree Warden scheme Management of the adoption of open spaces secured through the planning system and other processes Land charges Personnel One supervisor Two land charges officers 1.2 fte Function Maintenance of the local land charges register and the administration and production of the local authority search. Street naming and numbering Personnel 0.6 fte administrator Function Administration of the numbering and naming of streets and houses in the district. 3 ACHIEVEMENTS 2003/04 Planning Control The Council was awarded £624,000 through the Planning Delivery Grant for its performance (speed of determining planning applications) from October 2002 to September 2003. All statutory BVPI targets were exceeded against a backdrop of increased applications. Increase in application numbers 7 September 2004 Overview & Scrutiny Committee 2000-01 – 1500 applications 2003-04 – 2000 applications This represents a 30% increase in workload in four years with a commensurate increase in telephone calls, letters and requests for informal advice. Notwithstanding the increase in speed of determination, customer satisfaction levels remain high at 80% and the number of formal complaints has decreased year on year. Planning Enforcement The numbers of complaints against unauthorised development has remained consistent but the section now operates a more proactive monitoring of development and conditions imposed on development. There are no easy means of measuring performance in this section as the modus operandis is to resolve planning enforcement issues by persuasion, rather than resort to formal action. Having regard to the number of complaints and the nature of the job, the Council receives very few complaints. When formal action is taken, there has only been one case in the last two years where the Courts have not supported the Council. All appeals against Enforcement Notices have been dismissed. Conservation The work of the department is varied. The Tree Warden Scheme has been recognised nationally and the Enhancement Award celebrated 25 years in 2003. Salhouse was designated a Conservation Area and significant number of new Tree Preservation Orders were made in 2003. The HERS scheme continues to attract funding into Aylsham. Land charges Performance continues to be high and exceeds the Government’s target of completing a search within 10 days of receipt. Broadland was the only authority in Norfolk to reduce the price for a search for homebuyers in 2004. The £99 now charged is the cheapest in Norfolk and is cheaper than the search provided by the private search companies. Street naming and numbering New function to section. 7 September 2004 Overview & Scrutiny Committee 4 PRIORITIES FOR 2004/05 Planning control Planning delivery grant The Planning Minister has confirmed that a substantial part of the PDG for 2005/06 will be based on meeting BV109: the speed in which planning applications are determined. This remains a priority for the department. It has been confirmed that the PDG will be extended for another three years after 2005/06 and will involve similar sums of money as the previous three-year tranch - £430m. Two new BVPI’s (204 and 205) will also score for the purposes of PDG in 2004/05. Appeals. The increase in the speed of determination by some authorities has led to an increase in appeals for the Planning Inspectorate. The Government is concerned that a speedier process by the planing authority does not lead to a subsequent increase in work for other agencies. Broadland’s approval rate for applications remains constant at circa 89% applications being approved. Broadland’s appeal success remains constant at around 75% of appeals being dismissed (and is improving in 2004/05). Processes and decisions need to be constantly monitored to ensure that both the approval rate for applications and the success at appeal remain constant. Score against a checklist of best practice This comprises a number of elements Availability of pre-application advice Availability of specialist advice on design, landscape and historic buildings Project management for major applications E-enabled planning services. The last element will score for PDG in 2004/05. Consultants have already prepared a report on the technical architecture necessary to improve our score against the Government’s criteria and this will be in place by the end of 7 September 2004 Overview & Scrutiny Committee September. Specialist design, landscape and historic buildings advice is now embedded within the department with the assimilation of the conservation section. Pre-application advice is currently available but not to the extent envisaged by Government, particularly the e-enablement of this advice. This will need to be reviewed for 2005/06. The department currently has a development team approach to major applications; this will need to be refined so that it better matches the Government’s aspirations. Work is currently under way to ensure this in place for 2005/06. E-Government The department is currently in the final stages of implementing its new IT system for planning, enforcement, conservation and land charges. This is important in respect of meeting BV 205 referred to above but also BV 157. In planning control it will: Speed up and simplify the process of validating planning applications and appeals. Speed up the consultation process with applicants, neighbours, statutory parties and Members. Currently, Members are notified in writing of all applications in their ward; this could easily be replaced by email. Agents and statutory consultees will have applications and comments acknowledged by email. Decisions can be sent electronically the moment they are approved. Provide significantly more information about applications on-line. Improve monitoring of applications and development. Planning Enforcement In December 2001, the Government announced its intention to fundamentally review the enforcement process in England and Wales, there has been no 7 September 2004 Overview & Scrutiny Committee significant announcement since then. New legislation comes into effect in October that will initially at least have a significant impact on the section. The Anti-Social Behaviour Bill introduces new powers to tackle nuisance high hedges and it is anticipated that this will generate a significant amount of work in the short term, as long standing disputes will be brought to our attention quickly. Conservation Best Value performance indicators The Government believes good design is paramount in creating high quality, sustainable environments. With BV 205, it has introduced a requirement to have specialist skills in design, landscape and historic buildings permanently available to every planning department. Draft BVPI’s for 2005/06 indicate that PDG will, in part, be awarded to authorities that can show an ongoing commitment to reviewing their Conservation Areas. A report will be put to cabinet in October detailing a proposed programme of Conservation Area reviews. The Green Award has been relaunched this year having regard to the CABE advice on public realm spaces. The management of open spaces from design, through to the formal adoption process has to be reviewed to ensure that good quality public places are an integral part of new development the commuted sum collected is adequate to meet the ongoing maintenance costs and the legal process of adoption is speeded up. Land charges The impact of the new IT system may have a significant impact on the way local authority searches are delivered. The new system will be implemented in land charges in the new year and a comprehensive review will be carried out at this juncture. The competition from personal search companies is a serious threat to the income received through the land charges section. 7 September 2004 Overview & Scrutiny Committee The department reviewed its charges and introduced a lower fee for domestic searches for 2003/04. In addition, following consultation with customers, charges for searches on commercial premises were increased but the turnaround time reduced from 10 to five days. The impact of these changes will need to be carefully reviewed in 2004/05. Street naming and numbering The function is new to the section. 5 EFFICIENCIES Planning control and enforcement The section is now delivering top 10% performance. Performance has increased, despite a 30% increase in workloads since 2000. Customer satisfaction levels remain high at 80%. A new web-enabled GIS based IT system will be operational in November 2004. This will: Speed up and simplify administration process Provide better information more quickly to the decision-maker Speed up communication and consultation with stakeholders. Provide better information on development types. Speed up the decision making process. The Government is looking to resource planning departments and in that context, efficiency and effectiveness are distorted by the need to ensure that the authority maximises its ability to access PDG monies. Securing PDG monies therefore becomes the principal but not exclusive benchmark of how effective the department will be over the next four years. Conservation This section has recently been the subject of a reorganisation and merger 7 September 2004 Overview & Scrutiny Committee with planning section and significant savings will be made as a consequence of that change. The section has a growing role in meeting Best Value targets that relate to PDG monies The planning IT system will be rolled out to conservation in the new year with the benefits accruing identified above for planning. Land charges The new IT system will have a significant impact on the way in which local authority searches are delivered in 2005. Greater information will be available electronically and this will speed up and simplify the process. The local authority search currently generates significant income to the Council. Councils are allowed to charge for searches but in so doing, should look to recover the reasonable costs of providing the service. With a possible reduction in the costs of producing the search, the efficiency savings can be looked at in two ways. (1) Greater surplus income which goes back to the public purse. Whilst this may be desirable, it may not be legal as the ability to charge for a search is governed by the cost of providing the service. This has not been challenged in any authority to date but that does not mean that the risk does not exist. (2) Pass the saving back to the customer in the form of a lower cost local authority search. 6 LEGAL IMPLICATIONS 6.1 Other than identified in the land charges section, there are no legal implications arising from the report 7 RESOURCE IMPLICATIONS 7.1 There may be resource implications from some savings to be made and the impact of PDG monies but these can not be quantified at this stage. 1) To consider the report 2) To consider what actions or information may be required. 7 September 2004 Overview & Scrutiny Committee Michael Derbyshire Head of Planning and Conservation Background Papers None For further information on this report call Michael Derbyshire on (01603) 430549 or e-mail michael.derbyshire@broadland.gov.uk 7 September 2004