Equality Impact Assessments Equality Impact Assessment Record Form PLANNING SERVICE DEVELOPMENT CONTROL North Norfolk District Council Page 1 Equality Impact Assessments Directorate Environment Service Person Date responsible for assessment the completed assessment Development Control Development Control Manager (East) Development Control Manager (West) Title of the policy being assessed Planning Applications – Publicity and Consultation The status of the policy This is not a formal written policy but comprises well established practices which are undertaken by the Council in its statutory role as local planning authority. The Council can, on average, deal with anything between 1400 and 2000 planning applications per year. There is a statutory requirement to publicise all applications. The Council complies with this requirement in two ways. Applications are publicised by means of a notice (or notices) placed at or around the application site. Planning legislation also requires that for certain types of application a notice has to be published in the local press. The notices provide information on the development proposed, its address, how members of the public can inspect details of the application and the procedure for making written representations. Certain types of planning application require statutory consultation with particular bodies. Dependent upon the nature of the application non-statutory consultation is also undertaken in accordance with agreed criteria. To enable members of the public and interested parties to be informed of planning applications, inspect the plans and details submitted with applications and to allow written representations to be made to the Council within prescribed timetables. To comply with statutory requirements regarding publicity and consultation. To gain specialist advice on technical matters through consultation with relevant bodies and organisations (including internal Council services). 1. What are the aims, objectives and purposes of the policy? North Norfolk District Council Page 3 2. Does the policy support other objectives of the council? 3. Who is intended to benefit from the policy, and in what way? The policy supports the aims and objectives of the Council’s Corporate Plan – ‘Changing Gear’ in terms of: the Council’s role as a Community Leader ‘…take every opportunity to engage people through consultation and to promote community involvement in decision making..’ meeting the key planning targets. protecting the natural environment and built heritage. The policy also supports, in part or in whole, the aims and objectives contained within the Norfolk Local Area Agreement, in particular: Outcome 1 – Thriving Economy Outcome 3 – Improving Housing; and Outcome 4 – Environmental Sustainability The policy supports the following core principle of the Council’s Code of Corporate Governance: Core Principle 6 - Engaging with local people and other stakeholders to ensure robust public accountability The policy supports the Council’s Communication Strategy 2002-2011 in terms of providing public information, undertaking public consultation and encouraging public participation. 4. What outcomes are anticipated from the policy being in place? 5. Identify and select your assessment team. The public in terms of engagement in the planning process. Applicants in terms of the proper handling of their applications in accordance with the statutory process. The Council in being able to reach sound and well informed decisions on applications. Greater public involvement by those people who will be directly/in-directly affected by development proposals Compliance with statutory requirements regarding consultation of planning applications/development proposals Sound and transparent decision making Name Role Responsibilities 6. What data have you gathered for this assessment? How have you analysed this data? Development (East) Control Manager Manager of team Development (West) Control Manager Manager of team Planning Officer Source and Age of Data 2001 National Census Support Owner www.norfolkinsight.org/uk 7. Who are the main stakeholders of this policy? 8. Are there any concerns that the policy could have a negative impact with regard to race and ethnicity? Findings Data Gaps HMSO crown copyright Breakdown of local population statistics Whether language represents a barrier to effective communication with regard to race and ethnicity. Norfolk County Council Age and Disability Information Community Staff/Members Anyone who will be directly/indirectly affected by development proposals Town & Parish Councils Amenity Societies Yes, but future action should await the results of further research Partners All members County Council Development Control Consultation bodies Committee members Planning Housing Environmental Health Economic Development What evidence (actual data or assumptions) do you have to support this? The only potential issue relating to this ‘policy’ is one of language and that people with little or no command of English would not be able to understand the notices publicising planning applications. They would therefore be unlikely to be able to forward their views about proposed development in writing (as required to accept a valid representation) or orally. Whilst there is a potential that this ‘policy’ could have a negative 9. Are there any concerns that the policy could have a negative impact with regard to gender? No 10.Are there any concerns that the policy could have a negative impact with regard to disability? Yes, but future action should await the results of further research impact with regard to race and ethnicity, which could be overcome by including a number of the most common languages spoken across the District on public notices, 2001 Census data shows that people of black and minority ethnic origin make up less than 1% of the total district population and there is no evidence available to suggest that language represents a barrier. Therefore, at this moment in time the cost of providing site notices which included a number of the most common languages spoken across the District would be likely to outweigh the benefit of doing so and/or the risk of not doing so. This approach should be reviewed upon release of the data attached to the 2011 Census. In the meantime, the Council’s use of the INTRAN service is available, if appropriate, to help those people who do not speak or who cannot read or write in English. What evidence (actual data or assumptions) do you have to support this? There is no obvious reason why the ‘policy’ should impact upon gender issues. As an indirect consequence however consultations which take place with the community safety officer and police architectural liaison officer can potentially have a positive impact by helping avoid the type of layouts of new developments which could, for example, pose a possible threat to lone women or other vulnerable groups. What evidence (actual data or assumptions) do you have to support this? Statistics indicate that the percentage of people in the district (aged between 16-74) who are permanently sick or disabled is slightly above the regional average but marginally below the national average. People who are disabled and/or housebound could potentially be unaware of planning notices publicising developments close to where they live and even if they are aware, may not be able to make their views known to the Council. This could result in individuals being unfairly denied the opportunity to comment on development proposals that may affect them directly or in-directly. Whilst the Council has not collected data regarding this issue to demonstrate whether or not the current public consultation methods are denying individuals the opportunity to comment on development proposals there is no compelling anecdotal evidence to suggest that this has ever been a significant issue. Word of mouth is a very common means by which people become aware of planning notices. The Council could overcome this issue by introducing a procedure for sending out neighbour letters as well as posting site notices. This is a practice which some other planning authorities are known to adopt. However, there is a significant financial cost associated with sending out neighbour letters and this may well exceed the costs associated with not undertaking such a consultation procedure. In any event, providing such a service may not fully address the concern that some disabled or housebound people may be unable to access plans or write letters or email letters of representation without additional help/support or care. If the existing consultation methods were identified to be a significant issue in the future the Council could consider introducing neighbour consultation letters and/or other services to help disabled or housebound residents. 11.Are there any concerns that the policy could have a negative impact with regard to age? No 12.Are there any concerns that the policy could have a negative impact with regard to religion/belief? No What evidence (actual data or assumptions) do you have to support this? It is not considered that the process of publicising planning applications raises any negative impacts with regard to age as all decisions are based on planning policy and relevant material considerations. North Norfolk has an above average population of residents aged 44 and over and a below average population younger than 44. There is no evidence to suggest that age is necessarily a barrier against people engaging in the planning process. What evidence (actual data or assumptions) do you have to support this? It is not considered that the process of publicising planning applications raises any negative impacts with regard to religion/belief as all decisions are based on planning policy and relevant material considerations. Census data shows that the proportion of the districts population who stated a religion 77% were Christian and less than 1% were other than Christian. Whilst the actual nature of some developments subject to a planning application may raise religious or belief issues, the process of publicising the applications does not. 13.Are there any concerns that the policy could have a negative impact with regard to sexual orientation? 14.Could the negative impact you have identified in questions 8 - 13 lead to the potential for adverse impact if the policy is implemented? Can this adverse impact be justified on the grounds of promoting equality of opportunity for one group? Or any other reason? Can the impact be mitigated by existing means? If yes, what actions will you undertake to mitigate these impacts No No What evidence (actual data or assumptions) do you have to support this? It is not considered that the process of publicising planning applications raises any negative impacts with regard to sexual orientation as all decisions are based on planning policy and relevant material considerations. The sexual orientation of an applicant/agent or an individual or group submitting a letter of representation has no bearing on the outcome of a planning application. Q 8 &10) Whilst some issues have been identified, there is no evidence or data available to suggest that the current public consultations procedures relating to planning applications are having a significant adverse impact on residents across the District with regard to race and ethnicity or disability. However, the situation will be monitored and reviewed, in particular following the publishing of the 2011 Census data. With the introduction of new computer systems across the Planning Service, the costs associated with sending out neighbour letters may reduce to a level which makes adopting this approach more acceptable. As such, a point may be reached where the costs of implementation no longer outweigh the benefits or when the costs of implementation no longer outweigh the risks of not doing so. The key issue is to balance the risks and, at this stage, based on the evidence and data available, there is no substantive justification to amend the current consultation procedures, although this position will be reviewed as an when new evidence or data becomes available. and revise the policy? 15.Describe the arrangements for reporting and publishing this assessment. Has this assessment been undertaken by a minimum of two staff? TBC Has this assessment been scrutinised by your Directorate Steering Group? Yes Yes/No If the policy is new, or requires a decision by Councillors to revise, has this Equality Impact Assessment been included with the report? Have any actions identified in this assessment been included in your service equality and diversity action plan? Completed by: Signed off by: N/A No Equality Impact Assessments Produced by David Lloyd associates In partnership with North Norfolk District Council May 2008 North Norfolk District Council Page 10