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Similar a Pas councillor training decision making - presentation with notes
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Pas councillor training decision making - presentation with notes
- 1. The Councillor’s role in decision making Presenter date www.pas.gov.uk
- 6. Aim of today’s session Understanding the decision making process Deciding how Councillors should become involved in decision making How to make good decisions
- 17. The Planning Reform Agenda Community Right to Build Neighbourhood Plans Local Plans National Policy Incentives Planning decisions
- 36. Contact PAS email [email_address] web www.pas.gov.uk phone 020 7664 3000
Notas del editor
- Insert presenter’s details and date of presentation
- Housekeeping: Instructions if Fire Alarm sounds Where toilets are Switch mobile phones off or to silent
- PAS aims to facilitate self-sustaining change and improvement in the local authority planning sector. PAS helps Councils provide faster,fairer,more efficient and better quality services. PAS does much more than provide training modules - see link in final slide
- Modules are aimed to be self serve to enable councillors to be briefed on both the basics and general principles of planning and other topics in more detail (eg. Climate Change) Can be presented or used as a study aide to allow Councillors to gain training hours (eg where training is mandatory and Councillors need to be offered a variety of means of gaining training )
- PAS is producing a series of modules over 2010 -2011 See web site for latest update
- Councillors need to understand their role –this will vary depending upon the details and location of a development proposal. They may be a ward member, planning committee member, member of the Executive or member of a scrutiny committee – need to be clear of their role at the start of the process, so that they act appropriately. “Start of the process” – may be when policies are being formulated or at the pre-application stage of a planning application NOTE – Role of planning is delivering the aims and ambitions of local communities (as expressed in core strategy ,Council’s corporate strategy and the Sustainable Community Strategy (SCS)) It’s not a stand alone regulatory function which is often seen as negative. The primary role of the members of planning committee is to make decisions for the benefit of the whole community, not factions or individuals. Occasionally (for instance where development is proposed in their ward ) a member of the committee may choose to be a local advocate (either supporting or opposing the development). In these cases the member would be able to address the planning committee, but could not be a member of the committee determining that application. Need to ensure that all members Good decision making - adding value to decision making - only getting involved where you can make a difference - Having a good scheme of delegation
- Planning permission is required for development – Statutory definition of development in the United Kingdom 'Development' is defined by statute in the Town and Country Planning Act 1990 s55(1), as 'the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land'. This definition is clarified by the remainder of s55 and the inclusion of the Generally Permitted Development Order 1995 and the Use Classes Order 1987. Most planning applications are determined by either district/borough councils (or unitaries) . County Councils (or unitaries) determine specific applications for development associated with minerals and waste and the authority’s own development (eg. Schools) Other agencies determine specific categories of development (eg. Infrastructure Development Commission – major national infrastructure projects ,or development corporations which determine applications in certain areas to help drive regeneration ) The rules and powers are set out in the Town & Country Planning Act 1990 and associated legislation. Town & Country Planning (General Permitted Development ) Order 2005 and subsequent amendments specify which development can be implemented without the need for planning permission . This is referred to as “permitted development “ The principle ,which was first expressed in Ministry of Town & Country Planning Circular 50 of 1947, paragraph 4 states: "....to remove from the need to obtain express planning permission a number of minor applications which have so far occupied an amount of time and manpower out of all proportion to their importance to planning." The purpose remains the same today. Some describe it as granting general permission for development which would otherwise be routinely granted permission anyway were an application to be made for it. It also removes bureaucracy and frees up council planning department resources so that they can concentrate on more significant matters. With that in mind the Government embarked on reform of the system with a series of consultations which led, in turn, to the new rules introduced on the 1st October 2008 in the form of Statutory Instrument 2008 No 2362 (major change to householder PD rights)
- Major contentious development – eg. 5 th London Airport terminal, wind farms over 50 MGW and the Channel Tunnel rail link. How many does your authority handle a year? Is this the best way of doing it? Development plan and material considerations – what needs to be taken into account and how much weight should they be given? Permitted development ( see previous slide ) – Benefits and disadvantages of extending permitted development Local Development Orders – what are they and how do they work – discuss if relevant/interest
- Some authorities delegation schemes allow for all applications to be dealt with by an officer with exceptions being defined. Large unitaries often have small member panels not representing all parts of the local authority area. In practice members are remote from decisions on planning applications. This may be a useful point to focus on the decision makers requirement to balance all material considerations on behalf of the whole area, rather than reflecting the views of a small part of the community as can happen when committee structures try to maintain a geographical balance (particularly if the authority shows such a pattern with a low rate of delegation).
- Ensure that there are effective, efficient processes in place and let officers get on with this.
- Prior to event seek DC costs/application or total costs to illustrate point (see PAS benchmarking work for examples: http://www.pas.gov.uk/benchmarking ) Stress extra costs in full committee report including: management checking and correction duplicate officer site visits or officer committee attendance publishing agendas and dealing with public committee attendance documenting more complex decision trail logic for committee delay in reaching decision This used to be driven by performance and the need to maximise Planning Delivery Grant (PDG) and Housing and Planning Delivery Grant (H&PDG) . It’s now more straightforward – must drive down costs, balanced with how much you are prepared to pay for democracy. Do you know/understand the costs associated with different types of decision making? ( see PAS benchmarking data)
- Good scheme of delegation is essential to ensure that members, officers and applicants understand why most applications should be delegated and appreciate the role of committee. Killian Pretty – advised that committee should concentrate upon the place shaping proposals. Also need to consider how scheme serves local democracy. 90% delegation was a Performance Indicator – no longer. But it remains a useful measure .
- Once it is agreed that an application will be determined by planning committee the committee member needs to be aware of their role in this process and the factors which should (and should not) be taken into account This section will also provide councillors with an opportunity to discuss the usefulness of speaking at committee and committee site visits in the decision making process.
- The starting point Development plan (and reference to national advice such as PPS etc) is the starting point – and will always be referred to in officers’ reports Need to consider age of plan ( any saved policies etc) and relevance to the matter which is being considered This is relevant whoever (officers or committee) makes the decision.
- Briefly explain the national context NATIONAL Guidance – Planning Policy Guidance (PPG) and Planning Policy Statement (PPS) Town & Country Planning Act 1990 (as amended) Ministerial letters and other guidance and advice REGIONAL Regional Spatial Strategies (RSS) have been abolished. Exception is the RSS for London – The London Plan. Waiting to see what “Localism” will look like. SUB-REGIONAL/LOCAL Old system – Hierachy was Structure Plans (published by County Councils/Unitary Council) and Local Plans (published by District/Borough/Unitary Councils.) Many authorities have “saved policies” from these documents which are still used as the basis for decision making. Now have LDF – a suite of documents (see next slide)
- Local Development Framework. Diagram illustrates how the various documents fit together – you don’t need to do them all!
- This slide is slightly adapted from one that DCLG have been using to describe the new vision for planning as set out in the Planning and Localism Bill. You will have heard or read about neighbourhood plans and community right to build etc. This slide sets up an image of these new structures fitting together with the familiar structures of the national policies, the local plan and planning decisions. While the exact details of the Government’s neighbourhood planning policy are still in development we have a strong feel for the direction of travel. So what are the key principles – at their heart is genuine and active community engagement and empowerment and planning’s role as an enabler of change. Some of the consistent messages are: reducing local authority decision-making on development and planning in neighbourhoods the ability for neighbourhoods to be self-defined (but within constraints) a neighbourhood-owned and community-initiated process –LPAs will support but aren’t seen as leaders of this process. creating a light-touch testing process, using the planning process and decentralisation to maximise creativity and innovation at a local level through the granting of pp it might reduce the amount of small scale development in the planning system it is an entirely permissive regime - there’s no compulsion to have neighbourhood plans if the community don’t want them.
- Differing weight to be given depending upon circumstances relating to specific application Age and relevance of LDF/local plan “ “ national advice Weight and relevance Always a balance – may be a material consideration, but given little weight in this case. Layout Density Privacy Daylight/sunlight Access/traffic Local economy/employment Design/appearance Noise/smells Previous similar decisions Not exhaustive
- Need to have a system (eg. information provided with public speaking or neighbour notification guidance) for explaining this to third parties who will feel that their comments are being disregarded. Some matters may be addressed by other legislation (eg licensing regimes) History/character of applicant Loss of view Commercial competition (eg Tesco v Sainsburys BUT out of town v in town (ie vitality and viability of town centre) MAY be material ) Impact upon property value Restrictive covenants Ownership of land Issues related to decency or belief (eg sex shops, places of worship )
- The basis of the planning system is the consideration of private proposals against wider public interests. Much is often at stake in this process, and opposing views are often strongly held by those involved. Whilst planning committee councillors should take account of these views, the general role and conduct of councillors and officers is they should not favour any person, company, group or locality, nor put themselves in a position where they appear to do so. Councillors who do not feel that they can act in this way should consider whether they are best suited to serve on a planning committee
- Development management is not just the new name for development control Proactive approach to managing development to achieve spatial objectives Principles – summary of 5 principles…….. Culture – place shaper,not regulator Process – the whole system from pre –application to post decision. Different models for different types of development Skills & resources – how to identify and tackle – sharing resources and joint working New structures – integrated teams and corporate working. Engagement with community, stakeholders, applicants and Councillors All joined up to deliver NOT to control Pre application engagement by Councillors is essential
- Benefits - A study by the Audit Commission revealed that private sector stakeholders and others identified that the current lack of councillor involvement at the pre-application stage is a drawback in the system . Local authorities are often understandably anxious about engaging councillors at early stages as they feel this may compromise them once a planning application goes to committee for decision. Champion role - However, this approach is at odds with the current emphasis on the councillors’ roles as advocates for their areas and as community leaders . Both ward councillors and portfolio holders have roles to play in pre-application discussions. Local authorities need to ensure this happens by including councillors but being clear about which role they assume during pre-application discussions. This also needs to be set out in a transparent way for applicants. Positive engagement - The leaflet Positive engagement – a guide for planning councillors endorsed by the government and LGA asks councillors to be prepared to engage with officers in appropriate pre-application discussions. In order to avoid perceptions that councillors might have fettered their discretion in any pre application discussions, such discussions should take place within clear guidelines. These guidelines need to be developed by an authority and published to assist councillors and officers. Discussion ( it there is time) – How have you engaged in pre- application discussions in the past? - Did you consider the protocol? - On reflection would you now do it differently?
- Consistent – little consistency amongst councils on the operation of site visits, both in terms of why they are held and how they are conducted. While a variety of approaches can be healthy, the lack of any common approach on when and why to hold a site visit and how to conduct it can leave a council open to the accusation that such visits are arbitrary and unfair or a covert lobbying device. A protocol setting out the arrangements for a council could be used to encourage consistency and transparency of process. Councils should set out the criteria for deciding when a site visit is justified and consider the procedures for such visits. In doing so, the following points may be helpful: • site visits can cause delay and additional costs and should only be used where the expected benefit is substantial; officers will have visited the site and identified material considerations on behalf of the council; A site visit is only likely to be necessary if • the impact of the proposed development is difficult to visualise from the plans and any supporting material, including photographs taken by officers; or • there is a good reason why the comments of the applicant and objectors cannot be expressed adequately in writing, or the proposal is particularly contentious • they should be carefully organised to ensure that the purpose, format and conduct are clearly established at the outset and subsequently adhered to throughout the visit; Site visits – points to note: • they are intended to be fact- finding exercises • you should use the opportunity to establish the relationship of the site/buildings with surrounding buildings/features/characteristics • it is not part of the formal consideration of an application • the applicant/agent may not address the meeting, unless it is to establish points of fact (for example, identify location of development proposal within the site) • there is no public right of attendance and they are not permitted to address the meeting • the planning officer must attend to explain the proposal and answer questions • wherever possible you should make notes so that you can accurately recall the visit when the application is formally considered at the committee meeting • in preparing for the committee meeting if you believe the visit highlighted issues that are not addressed in the officer’s report, liaise with the officer prior to the meeting It is recognised good practice for councils to adopt criteria for site visits: • they should only be used where substantial benefit • the purpose, format and conduct must be clearly established and adhered to • the reasons for site visits should be minuted • preferably it should involve inspection by panel or subcommittee only, with officer assistance; otherwise all parties must be treated fairly and equitably (Ombudsman) • no delegated powers – report back to committee
- NOT committee meetings Making the most of attending public meetings/developer presentations/open days and so on: A council will itself often organise presentations to keep councillors informed generally on matters which appear to have or are likely to have strategic importance for the authority. Councillors may sometimes be invited to attend presentations/open days etc on likely development proposals by developers. Councillors should: • be circumspect in accepting such invitations and give consideration to how their attendance might be perceived • maintain an impartial role , listening to what is being said and asking questions, but not expressing an opinion • use the opportunity to listen to different viewpoints • if the meeting raises issues you would like to see investigated further liaise with the planning officer after the meeting • declare their attendance and role therein at such meetings at the appropriate stage at the committee meeting
- Need to have sound reasons and evidence (and to have followed appropriate procedures) for committee decision 3 types of appeal Risk of costs Judicial Review now less expensive and therefore more common Ombudsman and complaints procedures – lessons learned ? Reputation of your Council
- The report of the Audit Commission Building in Quality recommended that councillors should revisit a sample of implemented planning permissions to assess the quality of the decisions. Such a review should improve the quality and consistency of decision-making, strengthening public confidence in the planning system, and can help with reviews of planning policy. Such reviews are best undertaken at least annually. They should include examples from a broad range of categories such as major and minor development; permitted departures; upheld appeals; listed building works and enforcement cases. Briefing notes should be prepared on each case. The planning committee should formally consider the review and decide whether it gave rise to the need to reconsider any policies or practices. Scrutiny committees may be able to assist in this process but the essential purpose of these reviews is to assist planning committee members to refine their understanding of the impact of their decisions from the visiting of completed developments. It is therefore important for planning committee members to be fully engaged in such reviews.
- OPTIONAL EXERCISE – This exercise is optional. Could be used if you want to assess or update your scheme of delegation Obtain copy of delegation scheme and briefing on operation (prior to event) , including % of applications actually delegated compared to those capable of delegation. With flipchart and whole group reprise summary of scheme to remind delegates and then ask for, and record, any key points on flipchart for: “ What do you like/dislike about your existing delegation scheme?” “ Have you received any complaints/compliments about the scheme?” “ Is there anything you would particularly like to change or keep about your scheme?”
- 1st Bullet – let’s summarise the views you expressed, so we can consider them later 2 nd Bullet – Share potential and actual delegation figures with delegates and invite comments, particularly on what might be needed to reach the target (bullet 4)
- 1 st Bullet – continue the discussion to try and tease out any major concerns councillors might have if useful ideas have come forward. (if none highlight key points and see if concerns can be identified from next slide) 2 nd and 3 rd Bullets – stress the 2 key points to reinforce the message to delegates before moving to the detail of what makes a good delegation scheme in the criteria covered in the next series of slides (headed “Issues to consider”)
- Constitutional arrangements: S101 Local Government Act 2000 (as amended) provides the power to delegate Council’s constitution has to identify officers exercising which powers ensures decisions properly taken Categories of development in the scheme: 3 rd & 4 th Bullets – Stress the importance of a presumption in favour of development in accordance with the development plan, and suggest that for effective member involvement, and control of the delegation arrangements, members need to ensure the development plan reflects the communities aspirations. In which case a delegation scheme could properly require applications which are departures from the development plan to be referred if they are major or significant developments. This policy awareness and tuning is likely to be critical in members maintaining control of delegation arrangements. it also highlights the importance of detailed member consideration of local development documents, etc and the LDF.
- 2 nd Bullet – some accept telephone requests but best practice recommends to require comment in writing which allows for the request to be explained for consideration as to how to respond. Authorities allow up to 21 days for Members to request “call in” . Best practice is where application is referred to committee on the basis of a material planning reason. Should continually challenge automatic referral, to ensure delegation and speed of processing targets are met. 4 th Bullet – Again, best practice recommends filtering of member requests through chair or panel, to filter out cases arising solely from lobbying of members, when an application is not controversial and does not warrant a committee referral.
- 1st Bullet – Statutory consultees views need particularly careful consideration, including in the delegation scheme. 2nd Bullet – In area with Parish/Town Councils some authorities require the parish to attend and explain its views if they ask for a delegated application to be dealt with by committee. others use the chair or a panel to consider whether to support a request for a delegated item to be referred to committee 3rd Bullet – Practice in transferring a delegated application to committee varies widely. From some authorities where a single letter to others where at least 10 letters expressing a view contrary to the officer’s recommendation triggering the need for a committee report. In only 25% of London Boroughs automatically triggered delegated applications to committee if there were objections. 75% had delegation schemes which allowed officers to consider all letters of objection in reaching a decision on delegated applications without having to refer applications to committee
- 3 rd Bullet – It is the quality of controversial opposed arguments which should determine committee referral, which usually means that they should be based upon material planning grounds. This is more relevant than the number of objections. 4 th Bullet – continues onto next slide re sensitivity of scheme
- Sensitive - any delegation scheme needs to be adequately sensitive to allow transparency. The decision to take a report to committee has to be openly advised to all parties Flexibility - In cases where a contentious application could be dealt with under delegated powers officers can decide to report it to committee Members often do not always appreciate that officers have to defend their delegated decisions, and if applications are contentious and would benefit from reporting to a committee, the officers will wish to follow this course on these applications Balanced reports - whatever method is used the decision and the balancing of material considerations has to be clearly recorded, including how views expressed have been taken into account END OF OPTIONAL EXERCISE
- Round up with these two questions. Anything still not clear or unanswered questions? Answer now ,or refer to a future session? What do Councillors think/want to do?