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Development Management and Parish Council Workshop 26 th October 2015 13: 00 - 13: 15 Arrival Introductions 13: 45 Exercise 1 – The Issues 14: 45 Development Management – Officer Presentation 15: 30 Coffee break 15: 45 Exercise 2 – Prioritising Issues and Discussions 16: 45 Summary Closing words
Purpose of the workshop § Opportunity to meet each other § Listen to and understand the issues § Build understanding of our respective roles § Improve collaborative working § Work together to adopt new ways of working What about from a Parish/Town Council perspective?
Development Management How can the Planning Service help?
The Challenge: Planning - Slow, Complex, Risky, Obstructive……
What is the purpose of Development Management? Ø Ø Ø The NPPF emphasises the positive as opposed to the controlling or regulatory side of planning to contribute to the achievement of sustainable development (in other words, development management, rather than control) At the heart of the National Planning Policy Framework (NPPF), there is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking” (para 14 of NPPF) Sustainable development has 3 strands, social, environmental and economic, which can sometimes be in conflict with each other
What does this mean? The traditional system was about processing applications and enforcing breaches. Less focussed on ensuring adequate levels of development are delivered The new system about: Facilitating development Influencing development proposals and achieve quality outcomes Solve problems to deliver sustainable outcomes and the growth required through the Core Strategy
The UK Planning System Is intended to be “plan-led” We are guided by: ◦ Primary legislation ◦ Secondary legislation ◦ Government advice (NPPF & NPPG) ◦ Case law
The Development Plan Section 54 A of the 1990 Act now replaced by Section 38(6) of the 2004 Act “If regard is to be had to the development plan for the purpose of any determination under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise. ” Ø Our Development Plan comprises the B&NES Core Strategy 2014, Saved policies from the 2007 B&NES Local Plan and the West of England Joint Waste Core Strategy 2011
Material considerations (examples) but not an exhaustive list Development plan policies and emerging policies Supplementary Planning Documents (SPD). National planning advice – e. g. NPPF, NPPG, Ministerial Statements Effect on Listed Buildings, archaeology, Conservation Areas and Areas of Outstanding Natural Beauty (AONB). The environmental qualities of the surrounding area, the visual character of a street and the amenity or privacy of dwellings. Road safety, access, car parking and traffic generation together with other public services such as drainage. The size, layout, siting and design of the development. Loss of trees. Ecology Noise, disturbance, odour Case law and previous planning decisions. Consideration of what could be undertaken as permitted development.
Examples of things which are not Material Considerations (not exhaustive) Right to a (private) view Impact of development on property value Ownership of the land Covenants controlling the use or development of land The motives of an applicant Competition between firms Other legislation – this should not be duplicated
Application process Validate and register application Undertake consultations Consider responses and assess the proposal against Development Plan policies Consider whethere any other material planning considerations Draft a report either for Committee or as a delegated decision making a recommendation
Effective Engagement The DM process relies to a great degree on effective engagement with organisations like the Parish and Town Council’s. An example of one way we do this is formal consultations with the PC’s on planning applications. We send out over 1000 consultations to PC’s/TC’s each year We also sent out thousands of neighbour letters, display over 1000 site notices and we publish 51 weekly lists in the press every year. We make applications electronically available at all times We also keep our web site up to date and provide detailed information and links.
How we consider comments Each comment is read and assessed by the case officer and included in our reports. Even though we don’t acknowledge receipt of your comments, we don’t ignore them. However, we don’t always agree. . . In those cases (where planning grounds are raised) we will refer your comments and the case to the Chair of the Development Control Committee under the Scheme of Delegation.
So what can you do? Assess planning applications in your area Draft your responses with the policies in the Development Plan in mind. You can seek further advice from the case officer You can speak to the Local Member. You can attend and speak at Development Management Committee. You can support the LPA’s case at appeal.
Please try to… Frame responses carefully ( as they are made public on the web site) Engage proactively when issues arise Stick to deadlines unless there are exceptional circumstances. Use e communications Accept the decision when it is made