SlideShare a Scribd company logo
1 of 48
Decision making, committees 
and probity 
Date: presentation updated June 2014 
www.pas.gov.uk
This presentation 
• Context of planning and decision making 
• National planning policy, the Development 
Plan and other material considerations 
• Decision making basics 
• Probity and pre-determination 
• Committees
Planning… 
• Manages growth in the public interest 
• sets out a long term vision for places 
• provides a decision making framework to 
manage competing uses for space; 
• balances economic, social and environmental 
needs. 
• provides legitimacy through consultation and 
testing of evidence; 
• delivers change on the ground
Planning creates headlines
Planning involves balancing issues 
economic recession 
climate change 
environmental issues 
meeting housing needs localism 
long term strategies today’s pressures 
brownfield development town cramming 
retail “market forces” viability of town centres 
individual interest public interest
Understanding the System 
• Planning takes place within the context of a 
system, which is defined by: 
– Legislation 
– Regulations and Orders 
– Case law 
– Policy and guidance (at different levels) 
– Appeals
Planning in England is policy-led 
• national policy 
• National Planning Policy Framework (NPPF) 
• National Policy Statements 
• G&T policy 
• Planning Practice Guidance 
• local policy 
• development plan 
• neighbourhood policies 
• neighbourhood plans
The job of the planning decisions 
• Planning isn’t just about stopping bad stuff 
from happening 
• It’s proactive, encouraging development that 
delivers the right stuff for your community 
and accords with your plan and strategic 
objectives
Development and decisions 
• Development needs planning permission 
(some of which is permitted development) 
• Some decisions are made by others 
• Mostly, decisions are made by Councils 
• Most of these (straightforward, in accordance 
with policy) is decided under delegated 
authority 
• Leaving Committee to focus on the difficult, 
contentious, strategic development
Councillors have an important role 
• involvement with the community and 
developers at an early stage 
• raising areas of concern 
• informed debate 
• balance issues and material considerations 
• make decision 
“…..members are involved in planning matters 
to represent the interests of the whole 
community” 
Planning Practice Guidance 2013
Who makes planning decisions? 
• Local Planning Authority: delegated or 
committee 
• Secretary of State (call-ins) 
• Appeals – the Planning Inspectorate 
• Government – national infrastructure projects 
• Greater London Authority 
• Development Corporations/Joint Planning 
Units 
• And there is the role of the courts
Basic principle: start with the plan 
• “……have regard to the 
provisions of the 
development plan, so 
far as material to the 
application, and to any 
other material 
considerations”. 
Town and Country Planning Act 
1990, section 70
NPPF and decision making 
• Local planning authorities should: 
– approve development proposals that accord with 
statutory plans without delay; and 
– grant permission where the plan is absent, silent, 
indeterminate or where relevant policies are out of 
date………………….. 
– unless….adverse impacts of allowing development 
would significantly and demonstrably outweigh the 
benefits, when assessed against the policies in the 
Framework taken as a whole 
There is a presumption in favour of sustainable 
development
What is the development plan? 
• Local Plans: development plan documents 
adopted by local planning authority 
• Neighbourhood plans: where supported by the 
local community at referendum and subsequently 
‘made’ by the local planning authority. 
• The London Plan (London only): spatial 
development strategy prepared by the Mayor. 
• Any ‘saved policies’ from the former Regional 
Strategies, until such time as these are replaced 
by Local Plan policies.
“Can we ignore the Development Plan?” 
• No, that would be unlawful (s38) 
• And anyway it’s your plan, so why would you? 
• Can you take a decision which seems to conflict with the 
Plan? 
• Yes – so long as it is based on the merits of the case, in 
the light of all other material considerations, for example: 
- a policy is out of date compared with national policy 
- the monitoring information shows that the situation 
“on the ground” has changed 
- an unforeseen opportunity has arisen
The main types of material 
consideration 
• National and local policy 
• Relevant views of consultees 
• Factors on the ground
Other Material considerations 
can include: 
– Overlooking/loss of privacy 
– Loss of light or overshadowing 
– Parking, highway safety and traffic 
– Noise 
– Effect on listed building and conservation area 
– Layout and density of building 
– Design, appearance and materials 
– Disabled person’s access 
– Nature conservation 
– Consultee comments 
– Previous planning decisions
Non material considerations 
– Loss of view 
– Negative effect on the value of properties 
– Land ownership or restrictive covenants 
– Applicant’s personal circumstances (unless exceptional 
such as relating to a physical disability) 
– Business competition 
– Too many already (let the market deal with this) 
– Damage to property fears 
– Disturbance during building works 
– Other matters controlled under building regulations or other 
non-planning legislation
Materiality: some recent refinements 
• “local finance considerations” 
• viability of the development 
• Assets of Community Value 
• healthy eating policies* 
• fear of crime* 
* needed the intervention of the Courts
Material Considerations 
• what they are and are not - decided by 
statements of national policy or by decisions of 
the courts 
• the weight that should be attached to each 
consideration in any particular case is for the 
decision maker
Key points 
• the policies in the development plan 
• other relevant policy considerations 
• the results of technical consultation 
• all other views – if material 
• on its own merits, and in its own context 
• come to a view in the light of the debate and 
officer assessment and recommendation
The Decision 
• Grant planning permission 
- subject to conditions 
- subject to planning obligations (S106s) 
• Special types of approval or consent e.g. prior 
approval, listed building consent, conservation 
area consent 
• Refuse planning permission (or prior approval, 
LBC, CAC etc) 
• Planning applications can only be refused for 
genuine planning reasons
Conditions 
“Planning conditions should only be imposed 
where they are: 
•necessary; 
•relevant to planning and; 
•to the development to be permitted; 
•enforceable; 
•precise and; 
•reasonable in all other respects.” 
Para. 206 of the NPPF
S106 obligations 
• Site specific to that development 
• Used where it is not possible to use conditions 
• Often in mitigation of an impact, or to support 
provision of infrastructure or affordable housing 
• Must be necessary to make the development 
acceptable in planning terms, directly related to the 
development, fairly and reasonably related in 
scale/kind to the development 
• The use of planning obligations must be governed by 
the fundamental principle that planning permission 
may not be bought or sold
Overturns/different decisions 
• Councillors can come to a decision that differs 
from the recommendation 
• But it must be justified on planning grounds 
(based on the plan and material considerations) 
• Committee must give justified planning reasons 
for decision (it cannot be left to officers) 
• May be subject to appeal (or other challenge), so 
reasons should be defendable
Refusing permission 
• Are the reasons lawful (which includes being generally 
“reasonable”)? 
• Are they based on planning grounds? 
• Could you mount a credible case on appeal? 
• Is there a sufficient “evidential basis” for the decision? 
• Would anyone reading the decision – especially the 
applicant – understand why permission was refused?
Refusing permission (2) 
• are you able to describe the harm that would result 
if the development went ahead? And why 
conditions would not be sufficient to mitigate that 
harm? 
• is it clear what the policy support is for the 
decision? 
• have all the other material considerations been 
given the appropriate weight?
Localism and planning decisions 
• “It cannot be that a strategic facility to provide for the needs of 
a very wide area can be decided solely on the basis that the 
local community do not wish it to be located within their area. 
This would be to hold much needed, major development to 
ransom. If applied widely, this could hold up economic 
recovery as well as deprive future generations of important 
developments and facilities.” 
• “There is nothing in the Act…or the Framework which 
indicates that … very localised group of residents should be 
able to prevent planning permission being granted simply 
because they do not want it.”
The performance ‘sticks’ 
• Planning guarantee: fees to be returned if no decision 
after 26 weeks (unless extension agreed) 
• Designation: major applications can be dealt with by 
PINS where LPA shows “consistently poor performance 
in speed or quality of decisions” 
• Or where a high proportion of decisions on majors are 
allowed on appeal 
This all has implications for your timetable and 
deferrals
Probity in planning guide
The significance of propriety and 
good practice in planning 
• the 1947 Act vested the right to develop land in the State 
and created local planning authorities 
• planning involves balancing public and private interests 
(both financial and “quality of life”) 
• although the British system is very “clean”, the public 
perception is often negative (e.g.: “what matters in planning 
is who you know”) 
• so we need to be able to demonstrate fairness, openness 
and impartiality at all stages of the process
Fair and Unbiased Decision Making 
• Consider all proposals on their individual 
merits. 
• Should not come to a firm view on a matter 
before taking all the material considerations 
into account (or appear to have done so)
Localism Act 2011 (s25) 
• Changed rules around pre-determination – you can 
express a view, meet with people and still be 
involved in the decision 
– provided an open mind is retained 
• Abolished Standards Board 
• Requires authorities to have their own code of 
conduct 
• Introduced a new criminal offence of failing to 
disclose or register pecuniary interests
Predetermination & predisposition 
• Predisposition (inclination/opinion) is fine; must have 
a willingness to listen to all material considerations 
before deciding how to vote 
• Predetermination (a ‘closed mind’) is not 
• The fact that a councillor may have campaigned 
against a proposal will not be taken as proof that 
they are not open-minded 
• Lobbying is normal and perfectly proper part of the 
process – not indicate finally made mind up
Lobbying 
Engage, but don’t predetermine 
• Let other Councillors advocate for their areas 
• Work with input from applicants as well as from 
parishes and the community 
• Raise concerns with officers 
• If expressing a view, explain it is your initial view and 
may change, taking all valid considerations into 
account 
• Record your involvement
Councillor conduct and role 
1) As a Ward Councillor 
…you can support or oppose an application and 
represent the views of your constituents 
2) As a Planning Committee Member 
…you still can, but you must still retain an open 
minded disposition; if not it could compromise your 
(impartial) role on the committee. 
‘Avoid favouring a person, company, group or locality 
or putting yourself in a position where you appear to 
do so’
Spot the difference... 
• “Should I be elected to the Council and serve on the 
Planning Committee, I will oppose each and every 
wind farm application that comes up. They are blots 
on the landscape and need to be stopped. Enough is 
enough. NO MORE WINDFARMS!! 
• “Should I be elected to the Council and serve on the 
Planning Committee, I will need a lot of persuading 
that any more wind farms should be allowed in our 
District. Many people find them ugly and noisy, and 
there is evidence that they are harmful to wildlife.”
Has everyone got the message? 
“Fracking may well be a useful technology for 
other areas and good luck to them if it is, 
however the people of xxxx have our assurance 
that there won’t be any in our borough.” 
Leader of xxx Council 13 January 2014
Interests 
• in accordance with the Seven Principles of 
Public Life, required to register pecuniary or 
other personal interests 
• pecuniary interests MUST be registered 
• Council may determine other personal 
interests to be registered 
• or you may ask the monitoring officer to 
include an interest on the Register 
• Best to also raise these at committee 
See Openness and Transparency in Personal Interests: A Guide 
for Councillors (DCLG, August 2012)
Planning Committees 
• Think about how the public see you – 
committee as a shop window 
• Think about how an investor sees you 
• This is how important decisions get made – 
would you be impressed? 
– Serious 
– Clarity 
– Transparency 
– Fairness
If you walked into your committee… 
• Would you understand what is going on? 
• Does it look ‘professional’? 
• Is it clear who the ‘players’ are? – and their 
roles? 
• Do the public know when a decision has been 
taken and what it was?
Some basics 
• Introductions 
• Explain procedures 
• Manage public contribution 
• Don’t allow circulation of new materials 
• Don’t eat your sandwiches, read the evening 
paper, or play with your phone 
• Politicing 
• Don’t undermine officers (and vice versa)
Committee site visits 
• Council should have a protocol on when and why to 
hold a site visit and how it will be conducted – 
ensures a consistent, transparent and fair approach 
• Getting the most out of site visits 
- well organised 
- ascertaining facts 
- establishing relationship of site with surrounding 
features/characteristics 
- who can speak (these aren’t lobbying opportunities)
Being effective at Committee 
• Be prepared 
• Be focused: 
• focus on the precise points where you agree or 
disagree with officer assessment 
• Know your policies 
• Stick to policies and material considerations 
• Ensure your points are valid in planning law (take advice 
in advance if necessary) 
• Be aware of the need for probity and the public 
perception of your actions
An effective commitee 
• Has 11-15 members 
• Acts professionally, fairly, and transparently 
• Understands what the job of the committee is; 
and individuals understand their role 
• Reviews how it is doing it’s job 
• Makes responsible decisions
Top Tips 
1. Respect the process 
2. Follow the statutory planning framework 
3. Think about the bigger picture – the outcomes, and wider 
public interest 
4. Seek advice from planning officers, solicitors and other 
technical experts 
5. Carefully consider the reasons for your decision, and 
robustness against challenge 
6. Have the right planning reasons: do not make a decision and 
instruct officers to come up with reasons 
7. Regularly review your decisions
Contact PAS 
email pas@local.gov.uk 
web www.pas.gov.uk 
phone 020 7664 3000

More Related Content

Viewers also liked

Models For Leadership and Collaboration
Models For Leadership and CollaborationModels For Leadership and Collaboration
Models For Leadership and Collaboration
APS Consulting
 

Viewers also liked (15)

committee
 committee  committee
committee
 
Models For Leadership and Collaboration
Models For Leadership and CollaborationModels For Leadership and Collaboration
Models For Leadership and Collaboration
 
Building The High Road To Greatness
Building The High Road To GreatnessBuilding The High Road To Greatness
Building The High Road To Greatness
 
Information Hierarchy final
Information Hierarchy finalInformation Hierarchy final
Information Hierarchy final
 
Ptcl managment overview
Ptcl managment overviewPtcl managment overview
Ptcl managment overview
 
Company Hierarchy
Company HierarchyCompany Hierarchy
Company Hierarchy
 
Line and staff relationship
Line and staff relationshipLine and staff relationship
Line and staff relationship
 
Training Department Strategies and Structure
Training Department Strategies and Structure Training Department Strategies and Structure
Training Department Strategies and Structure
 
Line and staff relationships ppt
Line and staff relationships  pptLine and staff relationships  ppt
Line and staff relationships ppt
 
Learning and Development Strategy
Learning and Development StrategyLearning and Development Strategy
Learning and Development Strategy
 
Training Strategy ppt
Training Strategy pptTraining Strategy ppt
Training Strategy ppt
 
Learning & Development
Learning & DevelopmentLearning & Development
Learning & Development
 
Organizational structure ppt
Organizational structure pptOrganizational structure ppt
Organizational structure ppt
 
training & development ppt
training & development ppttraining & development ppt
training & development ppt
 
Organizational Structure
Organizational StructureOrganizational Structure
Organizational Structure
 

Similar to Development Management - Decision making, committees and probity (updated June 2014)

Should Little Chalfont have a Neighbourhood Plan (1)
Should Little Chalfont have a Neighbourhood Plan (1)Should Little Chalfont have a Neighbourhood Plan (1)
Should Little Chalfont have a Neighbourhood Plan (1)
Stephanie Buller
 

Similar to Development Management - Decision making, committees and probity (updated June 2014) (20)

Councillor Briefing: Decision making, committees and probity
Councillor Briefing: Decision making, committees and probityCouncillor Briefing: Decision making, committees and probity
Councillor Briefing: Decision making, committees and probity
 
Councillor Briefing: An introduction to planning
Councillor Briefing: An introduction to planningCouncillor Briefing: An introduction to planning
Councillor Briefing: An introduction to planning
 
An introduction to planning (July 2013)
An introduction to planning (July 2013)An introduction to planning (July 2013)
An introduction to planning (July 2013)
 
Making defensible planning decisions
Making defensible planning decisionsMaking defensible planning decisions
Making defensible planning decisions
 
Councillor Briefing: Making defensible planning decisions
Councillor Briefing: Making defensible planning decisionsCouncillor Briefing: Making defensible planning decisions
Councillor Briefing: Making defensible planning decisions
 
Making defensible-planning-decisions-june2019
Making defensible-planning-decisions-june2019Making defensible-planning-decisions-june2019
Making defensible-planning-decisions-june2019
 
Public involvement in the development plan process
Public involvement in the development plan processPublic involvement in the development plan process
Public involvement in the development plan process
 
231121 SP slides - PAS workshop November 2023.pdf
231121 SP slides - PAS workshop November 2023.pdf231121 SP slides - PAS workshop November 2023.pdf
231121 SP slides - PAS workshop November 2023.pdf
 
Planning club 2016
Planning club 2016Planning club 2016
Planning club 2016
 
Fundamental Skills for Real Estate Development Professionals II Con't Project
Fundamental Skills for Real Estate Development Professionals II Con't ProjectFundamental Skills for Real Estate Development Professionals II Con't Project
Fundamental Skills for Real Estate Development Professionals II Con't Project
 
Fundamental Skills for Real Estate Development Professionals II. Con't Projec...
Fundamental Skills for Real Estate Development Professionals II. Con't Projec...Fundamental Skills for Real Estate Development Professionals II. Con't Projec...
Fundamental Skills for Real Estate Development Professionals II. Con't Projec...
 
RUPH121 Environmental Design-1.pptx
RUPH121 Environmental Design-1.pptxRUPH121 Environmental Design-1.pptx
RUPH121 Environmental Design-1.pptx
 
Councillor Briefing: Neighbourhood planning
Councillor Briefing: Neighbourhood planning Councillor Briefing: Neighbourhood planning
Councillor Briefing: Neighbourhood planning
 
OPDC - Neighbourhood Forum presentation - May 2017
OPDC - Neighbourhood Forum presentation - May 2017OPDC - Neighbourhood Forum presentation - May 2017
OPDC - Neighbourhood Forum presentation - May 2017
 
Phillipa Silcock, PAS - Local Development Orders for Housing
Phillipa Silcock, PAS - Local Development Orders for HousingPhillipa Silcock, PAS - Local Development Orders for Housing
Phillipa Silcock, PAS - Local Development Orders for Housing
 
The future of EIA - Legislative and regulatory change
The future of EIA - Legislative and regulatory changeThe future of EIA - Legislative and regulatory change
The future of EIA - Legislative and regulatory change
 
Planning Bill 2013: Update for Local Government 29 October 2013
Planning Bill 2013: Update for Local Government 29 October 2013Planning Bill 2013: Update for Local Government 29 October 2013
Planning Bill 2013: Update for Local Government 29 October 2013
 
Neighbourhood planning - Urban Vision Dave Chetwyn
Neighbourhood planning  - Urban Vision Dave ChetwynNeighbourhood planning  - Urban Vision Dave Chetwyn
Neighbourhood planning - Urban Vision Dave Chetwyn
 
Should Little Chalfont have a Neighbourhood Plan (1)
Should Little Chalfont have a Neighbourhood Plan (1)Should Little Chalfont have a Neighbourhood Plan (1)
Should Little Chalfont have a Neighbourhood Plan (1)
 
Developer Payments- Community Infrastructure Levy, S106 agreements and Viabil...
Developer Payments- Community Infrastructure Levy, S106 agreements and Viabil...Developer Payments- Community Infrastructure Levy, S106 agreements and Viabil...
Developer Payments- Community Infrastructure Levy, S106 agreements and Viabil...
 

More from PAS_Team

PAS LNRS and role of Supporting Authorities_23_05_23_PAS slides.pptx
PAS LNRS and role of Supporting Authorities_23_05_23_PAS slides.pptxPAS LNRS and role of Supporting Authorities_23_05_23_PAS slides.pptx
PAS LNRS and role of Supporting Authorities_23_05_23_PAS slides.pptx
PAS_Team
 

More from PAS_Team (20)

So you want to apply for the Planning Skills Delivery Fund PAS Events August ...
So you want to apply for the Planning Skills Delivery Fund PAS Events August ...So you want to apply for the Planning Skills Delivery Fund PAS Events August ...
So you want to apply for the Planning Skills Delivery Fund PAS Events August ...
 
PAS BNG in Local Plans slides June 2023
PAS BNG in Local Plans slides June 2023PAS BNG in Local Plans slides June 2023
PAS BNG in Local Plans slides June 2023
 
Guildford BC BNG Policy June 2023.pdf
Guildford BC BNG Policy June 2023.pdfGuildford BC BNG Policy June 2023.pdf
Guildford BC BNG Policy June 2023.pdf
 
BNG at Salford City Council_June 2023.pdf
BNG at Salford City Council_June 2023.pdfBNG at Salford City Council_June 2023.pdf
BNG at Salford City Council_June 2023.pdf
 
PAS LNRS and role of Supporting Authorities_23_05_23_PAS slides.pptx
PAS LNRS and role of Supporting Authorities_23_05_23_PAS slides.pptxPAS LNRS and role of Supporting Authorities_23_05_23_PAS slides.pptx
PAS LNRS and role of Supporting Authorities_23_05_23_PAS slides.pptx
 
Leeds Beckett Lecture Career Advice.pptx
Leeds Beckett Lecture Career Advice.pptxLeeds Beckett Lecture Career Advice.pptx
Leeds Beckett Lecture Career Advice.pptx
 
Infrastructure Levy Technical Consultation (Workshop 3 Delivering Affordable ...
Infrastructure Levy Technical Consultation (Workshop 3 Delivering Affordable ...Infrastructure Levy Technical Consultation (Workshop 3 Delivering Affordable ...
Infrastructure Levy Technical Consultation (Workshop 3 Delivering Affordable ...
 
Infrastructure Levy Technical Consultation (Workshop 2 Spending the levy and ...
Infrastructure Levy Technical Consultation (Workshop 2 Spending the levy and ...Infrastructure Levy Technical Consultation (Workshop 2 Spending the levy and ...
Infrastructure Levy Technical Consultation (Workshop 2 Spending the levy and ...
 
Infrastructure Levy Technical Consultation (Workshop 1 Setting rates and char...
Infrastructure Levy Technical Consultation (Workshop 1 Setting rates and char...Infrastructure Levy Technical Consultation (Workshop 1 Setting rates and char...
Infrastructure Levy Technical Consultation (Workshop 1 Setting rates and char...
 
PAS Natural England Biodiversity Net Gain update 18_04_23
PAS Natural England Biodiversity Net Gain update 18_04_23PAS Natural England Biodiversity Net Gain update 18_04_23
PAS Natural England Biodiversity Net Gain update 18_04_23
 
EOR Webinar PAS presentation slidesFINAL.pptx
EOR Webinar PAS presentation slidesFINAL.pptxEOR Webinar PAS presentation slidesFINAL.pptx
EOR Webinar PAS presentation slidesFINAL.pptx
 
230329 IL Technical Consultation - launch event.pptx
230329 IL Technical Consultation - launch event.pptx230329 IL Technical Consultation - launch event.pptx
230329 IL Technical Consultation - launch event.pptx
 
PAS Pre-App March 2023.pdf
PAS Pre-App March 2023.pdfPAS Pre-App March 2023.pdf
PAS Pre-App March 2023.pdf
 
CBC Monitoring Review.pptx
CBC Monitoring  Review.pptxCBC Monitoring  Review.pptx
CBC Monitoring Review.pptx
 
PAS Salford Pre App Journey March 2023 JC.pptx
PAS Salford Pre App Journey March 2023 JC.pptxPAS Salford Pre App Journey March 2023 JC.pptx
PAS Salford Pre App Journey March 2023 JC.pptx
 
PAS BNG and Nature Recovery Autumn 2022 Events Evaluation.pdf
PAS BNG and Nature Recovery Autumn 2022 Events Evaluation.pdfPAS BNG and Nature Recovery Autumn 2022 Events Evaluation.pdf
PAS BNG and Nature Recovery Autumn 2022 Events Evaluation.pdf
 
PAS NERC guidance events Nov 22 web.pptx
PAS NERC guidance events Nov 22 web.pptxPAS NERC guidance events Nov 22 web.pptx
PAS NERC guidance events Nov 22 web.pptx
 
PAS Nature Recovery for LAs 8 Dec Post Event.pptx
PAS Nature Recovery for LAs 8 Dec Post Event.pptxPAS Nature Recovery for LAs 8 Dec Post Event.pptx
PAS Nature Recovery for LAs 8 Dec Post Event.pptx
 
PAS BNG and NR policy and strategy
PAS BNG and NR policy and strategy PAS BNG and NR policy and strategy
PAS BNG and NR policy and strategy
 
PAS Biodiversity Net Gain essentials for officers 8 November
PAS Biodiversity Net Gain essentials for officers 8 NovemberPAS Biodiversity Net Gain essentials for officers 8 November
PAS Biodiversity Net Gain essentials for officers 8 November
 

Recently uploaded

VIP Call Girls Agra 7001035870 Whatsapp Number, 24/07 Booking
VIP Call Girls Agra 7001035870 Whatsapp Number, 24/07 BookingVIP Call Girls Agra 7001035870 Whatsapp Number, 24/07 Booking
VIP Call Girls Agra 7001035870 Whatsapp Number, 24/07 Booking
dharasingh5698
 
Call Girls in Sarita Vihar Delhi Just Call 👉👉9873777170 Independent Female ...
Call Girls in  Sarita Vihar Delhi Just Call 👉👉9873777170  Independent Female ...Call Girls in  Sarita Vihar Delhi Just Call 👉👉9873777170  Independent Female ...
Call Girls in Sarita Vihar Delhi Just Call 👉👉9873777170 Independent Female ...
adilkhan87451
 
Call Girls in Chandni Chowk (delhi) call me [9953056974] escort service 24X7
Call Girls in Chandni Chowk (delhi) call me [9953056974] escort service 24X7Call Girls in Chandni Chowk (delhi) call me [9953056974] escort service 24X7
Call Girls in Chandni Chowk (delhi) call me [9953056974] escort service 24X7
9953056974 Low Rate Call Girls In Saket, Delhi NCR
 

Recently uploaded (20)

Antisemitism Awareness Act: pénaliser la critique de l'Etat d'Israël
Antisemitism Awareness Act: pénaliser la critique de l'Etat d'IsraëlAntisemitism Awareness Act: pénaliser la critique de l'Etat d'Israël
Antisemitism Awareness Act: pénaliser la critique de l'Etat d'Israël
 
VIP Model Call Girls Narhe ( Pune ) Call ON 8005736733 Starting From 5K to 25...
VIP Model Call Girls Narhe ( Pune ) Call ON 8005736733 Starting From 5K to 25...VIP Model Call Girls Narhe ( Pune ) Call ON 8005736733 Starting From 5K to 25...
VIP Model Call Girls Narhe ( Pune ) Call ON 8005736733 Starting From 5K to 25...
 
World Press Freedom Day 2024; May 3rd - Poster
World Press Freedom Day 2024; May 3rd - PosterWorld Press Freedom Day 2024; May 3rd - Poster
World Press Freedom Day 2024; May 3rd - Poster
 
celebrity 💋 Nagpur Escorts Just Dail 8250092165 service available anytime 24 ...
celebrity 💋 Nagpur Escorts Just Dail 8250092165 service available anytime 24 ...celebrity 💋 Nagpur Escorts Just Dail 8250092165 service available anytime 24 ...
celebrity 💋 Nagpur Escorts Just Dail 8250092165 service available anytime 24 ...
 
Call On 6297143586 Viman Nagar Call Girls In All Pune 24/7 Provide Call With...
Call On 6297143586  Viman Nagar Call Girls In All Pune 24/7 Provide Call With...Call On 6297143586  Viman Nagar Call Girls In All Pune 24/7 Provide Call With...
Call On 6297143586 Viman Nagar Call Girls In All Pune 24/7 Provide Call With...
 
Financing strategies for adaptation. Presentation for CANCC
Financing strategies for adaptation. Presentation for CANCCFinancing strategies for adaptation. Presentation for CANCC
Financing strategies for adaptation. Presentation for CANCC
 
Tuvalu Coastal Adaptation Project (TCAP)
Tuvalu Coastal Adaptation Project (TCAP)Tuvalu Coastal Adaptation Project (TCAP)
Tuvalu Coastal Adaptation Project (TCAP)
 
VIP Model Call Girls Shikrapur ( Pune ) Call ON 8005736733 Starting From 5K t...
VIP Model Call Girls Shikrapur ( Pune ) Call ON 8005736733 Starting From 5K t...VIP Model Call Girls Shikrapur ( Pune ) Call ON 8005736733 Starting From 5K t...
VIP Model Call Girls Shikrapur ( Pune ) Call ON 8005736733 Starting From 5K t...
 
Election 2024 Presiding Duty Keypoints_01.pdf
Election 2024 Presiding Duty Keypoints_01.pdfElection 2024 Presiding Duty Keypoints_01.pdf
Election 2024 Presiding Duty Keypoints_01.pdf
 
SMART BANGLADESH I PPTX I SLIDE IShovan Prita Paul.pptx
SMART BANGLADESH  I    PPTX   I    SLIDE   IShovan Prita Paul.pptxSMART BANGLADESH  I    PPTX   I    SLIDE   IShovan Prita Paul.pptx
SMART BANGLADESH I PPTX I SLIDE IShovan Prita Paul.pptx
 
Finance strategies for adaptation. Presentation for CANCC
Finance strategies for adaptation. Presentation for CANCCFinance strategies for adaptation. Presentation for CANCC
Finance strategies for adaptation. Presentation for CANCC
 
VIP Call Girls Agra 7001035870 Whatsapp Number, 24/07 Booking
VIP Call Girls Agra 7001035870 Whatsapp Number, 24/07 BookingVIP Call Girls Agra 7001035870 Whatsapp Number, 24/07 Booking
VIP Call Girls Agra 7001035870 Whatsapp Number, 24/07 Booking
 
best call girls in Pune - 450+ Call Girl Cash Payment 8005736733 Neha Thakur
best call girls in Pune - 450+ Call Girl Cash Payment 8005736733 Neha Thakurbest call girls in Pune - 450+ Call Girl Cash Payment 8005736733 Neha Thakur
best call girls in Pune - 450+ Call Girl Cash Payment 8005736733 Neha Thakur
 
VIP Model Call Girls Baramati ( Pune ) Call ON 8005736733 Starting From 5K to...
VIP Model Call Girls Baramati ( Pune ) Call ON 8005736733 Starting From 5K to...VIP Model Call Girls Baramati ( Pune ) Call ON 8005736733 Starting From 5K to...
VIP Model Call Girls Baramati ( Pune ) Call ON 8005736733 Starting From 5K to...
 
Call Girls Sangamwadi Call Me 7737669865 Budget Friendly No Advance Booking
Call Girls Sangamwadi Call Me 7737669865 Budget Friendly No Advance BookingCall Girls Sangamwadi Call Me 7737669865 Budget Friendly No Advance Booking
Call Girls Sangamwadi Call Me 7737669865 Budget Friendly No Advance Booking
 
Coastal Protection Measures in Hulhumale'
Coastal Protection Measures in Hulhumale'Coastal Protection Measures in Hulhumale'
Coastal Protection Measures in Hulhumale'
 
Call Girls in Sarita Vihar Delhi Just Call 👉👉9873777170 Independent Female ...
Call Girls in  Sarita Vihar Delhi Just Call 👉👉9873777170  Independent Female ...Call Girls in  Sarita Vihar Delhi Just Call 👉👉9873777170  Independent Female ...
Call Girls in Sarita Vihar Delhi Just Call 👉👉9873777170 Independent Female ...
 
(NEHA) Call Girls Nagpur Call Now 8250077686 Nagpur Escorts 24x7
(NEHA) Call Girls Nagpur Call Now 8250077686 Nagpur Escorts 24x7(NEHA) Call Girls Nagpur Call Now 8250077686 Nagpur Escorts 24x7
(NEHA) Call Girls Nagpur Call Now 8250077686 Nagpur Escorts 24x7
 
Call Girls in Chandni Chowk (delhi) call me [9953056974] escort service 24X7
Call Girls in Chandni Chowk (delhi) call me [9953056974] escort service 24X7Call Girls in Chandni Chowk (delhi) call me [9953056974] escort service 24X7
Call Girls in Chandni Chowk (delhi) call me [9953056974] escort service 24X7
 
AHMR volume 10 number 1 January-April 2024
AHMR volume 10 number 1 January-April 2024AHMR volume 10 number 1 January-April 2024
AHMR volume 10 number 1 January-April 2024
 

Development Management - Decision making, committees and probity (updated June 2014)

  • 1. Decision making, committees and probity Date: presentation updated June 2014 www.pas.gov.uk
  • 2. This presentation • Context of planning and decision making • National planning policy, the Development Plan and other material considerations • Decision making basics • Probity and pre-determination • Committees
  • 3. Planning… • Manages growth in the public interest • sets out a long term vision for places • provides a decision making framework to manage competing uses for space; • balances economic, social and environmental needs. • provides legitimacy through consultation and testing of evidence; • delivers change on the ground
  • 5. Planning involves balancing issues economic recession climate change environmental issues meeting housing needs localism long term strategies today’s pressures brownfield development town cramming retail “market forces” viability of town centres individual interest public interest
  • 6. Understanding the System • Planning takes place within the context of a system, which is defined by: – Legislation – Regulations and Orders – Case law – Policy and guidance (at different levels) – Appeals
  • 7. Planning in England is policy-led • national policy • National Planning Policy Framework (NPPF) • National Policy Statements • G&T policy • Planning Practice Guidance • local policy • development plan • neighbourhood policies • neighbourhood plans
  • 8. The job of the planning decisions • Planning isn’t just about stopping bad stuff from happening • It’s proactive, encouraging development that delivers the right stuff for your community and accords with your plan and strategic objectives
  • 9. Development and decisions • Development needs planning permission (some of which is permitted development) • Some decisions are made by others • Mostly, decisions are made by Councils • Most of these (straightforward, in accordance with policy) is decided under delegated authority • Leaving Committee to focus on the difficult, contentious, strategic development
  • 10. Councillors have an important role • involvement with the community and developers at an early stage • raising areas of concern • informed debate • balance issues and material considerations • make decision “…..members are involved in planning matters to represent the interests of the whole community” Planning Practice Guidance 2013
  • 11. Who makes planning decisions? • Local Planning Authority: delegated or committee • Secretary of State (call-ins) • Appeals – the Planning Inspectorate • Government – national infrastructure projects • Greater London Authority • Development Corporations/Joint Planning Units • And there is the role of the courts
  • 12. Basic principle: start with the plan • “……have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations”. Town and Country Planning Act 1990, section 70
  • 13. NPPF and decision making • Local planning authorities should: – approve development proposals that accord with statutory plans without delay; and – grant permission where the plan is absent, silent, indeterminate or where relevant policies are out of date………………….. – unless….adverse impacts of allowing development would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole There is a presumption in favour of sustainable development
  • 14. What is the development plan? • Local Plans: development plan documents adopted by local planning authority • Neighbourhood plans: where supported by the local community at referendum and subsequently ‘made’ by the local planning authority. • The London Plan (London only): spatial development strategy prepared by the Mayor. • Any ‘saved policies’ from the former Regional Strategies, until such time as these are replaced by Local Plan policies.
  • 15. “Can we ignore the Development Plan?” • No, that would be unlawful (s38) • And anyway it’s your plan, so why would you? • Can you take a decision which seems to conflict with the Plan? • Yes – so long as it is based on the merits of the case, in the light of all other material considerations, for example: - a policy is out of date compared with national policy - the monitoring information shows that the situation “on the ground” has changed - an unforeseen opportunity has arisen
  • 16. The main types of material consideration • National and local policy • Relevant views of consultees • Factors on the ground
  • 17. Other Material considerations can include: – Overlooking/loss of privacy – Loss of light or overshadowing – Parking, highway safety and traffic – Noise – Effect on listed building and conservation area – Layout and density of building – Design, appearance and materials – Disabled person’s access – Nature conservation – Consultee comments – Previous planning decisions
  • 18. Non material considerations – Loss of view – Negative effect on the value of properties – Land ownership or restrictive covenants – Applicant’s personal circumstances (unless exceptional such as relating to a physical disability) – Business competition – Too many already (let the market deal with this) – Damage to property fears – Disturbance during building works – Other matters controlled under building regulations or other non-planning legislation
  • 19. Materiality: some recent refinements • “local finance considerations” • viability of the development • Assets of Community Value • healthy eating policies* • fear of crime* * needed the intervention of the Courts
  • 20. Material Considerations • what they are and are not - decided by statements of national policy or by decisions of the courts • the weight that should be attached to each consideration in any particular case is for the decision maker
  • 21. Key points • the policies in the development plan • other relevant policy considerations • the results of technical consultation • all other views – if material • on its own merits, and in its own context • come to a view in the light of the debate and officer assessment and recommendation
  • 22. The Decision • Grant planning permission - subject to conditions - subject to planning obligations (S106s) • Special types of approval or consent e.g. prior approval, listed building consent, conservation area consent • Refuse planning permission (or prior approval, LBC, CAC etc) • Planning applications can only be refused for genuine planning reasons
  • 23. Conditions “Planning conditions should only be imposed where they are: •necessary; •relevant to planning and; •to the development to be permitted; •enforceable; •precise and; •reasonable in all other respects.” Para. 206 of the NPPF
  • 24. S106 obligations • Site specific to that development • Used where it is not possible to use conditions • Often in mitigation of an impact, or to support provision of infrastructure or affordable housing • Must be necessary to make the development acceptable in planning terms, directly related to the development, fairly and reasonably related in scale/kind to the development • The use of planning obligations must be governed by the fundamental principle that planning permission may not be bought or sold
  • 25. Overturns/different decisions • Councillors can come to a decision that differs from the recommendation • But it must be justified on planning grounds (based on the plan and material considerations) • Committee must give justified planning reasons for decision (it cannot be left to officers) • May be subject to appeal (or other challenge), so reasons should be defendable
  • 26. Refusing permission • Are the reasons lawful (which includes being generally “reasonable”)? • Are they based on planning grounds? • Could you mount a credible case on appeal? • Is there a sufficient “evidential basis” for the decision? • Would anyone reading the decision – especially the applicant – understand why permission was refused?
  • 27. Refusing permission (2) • are you able to describe the harm that would result if the development went ahead? And why conditions would not be sufficient to mitigate that harm? • is it clear what the policy support is for the decision? • have all the other material considerations been given the appropriate weight?
  • 28. Localism and planning decisions • “It cannot be that a strategic facility to provide for the needs of a very wide area can be decided solely on the basis that the local community do not wish it to be located within their area. This would be to hold much needed, major development to ransom. If applied widely, this could hold up economic recovery as well as deprive future generations of important developments and facilities.” • “There is nothing in the Act…or the Framework which indicates that … very localised group of residents should be able to prevent planning permission being granted simply because they do not want it.”
  • 29. The performance ‘sticks’ • Planning guarantee: fees to be returned if no decision after 26 weeks (unless extension agreed) • Designation: major applications can be dealt with by PINS where LPA shows “consistently poor performance in speed or quality of decisions” • Or where a high proportion of decisions on majors are allowed on appeal This all has implications for your timetable and deferrals
  • 31. The significance of propriety and good practice in planning • the 1947 Act vested the right to develop land in the State and created local planning authorities • planning involves balancing public and private interests (both financial and “quality of life”) • although the British system is very “clean”, the public perception is often negative (e.g.: “what matters in planning is who you know”) • so we need to be able to demonstrate fairness, openness and impartiality at all stages of the process
  • 32. Fair and Unbiased Decision Making • Consider all proposals on their individual merits. • Should not come to a firm view on a matter before taking all the material considerations into account (or appear to have done so)
  • 33. Localism Act 2011 (s25) • Changed rules around pre-determination – you can express a view, meet with people and still be involved in the decision – provided an open mind is retained • Abolished Standards Board • Requires authorities to have their own code of conduct • Introduced a new criminal offence of failing to disclose or register pecuniary interests
  • 34. Predetermination & predisposition • Predisposition (inclination/opinion) is fine; must have a willingness to listen to all material considerations before deciding how to vote • Predetermination (a ‘closed mind’) is not • The fact that a councillor may have campaigned against a proposal will not be taken as proof that they are not open-minded • Lobbying is normal and perfectly proper part of the process – not indicate finally made mind up
  • 35. Lobbying Engage, but don’t predetermine • Let other Councillors advocate for their areas • Work with input from applicants as well as from parishes and the community • Raise concerns with officers • If expressing a view, explain it is your initial view and may change, taking all valid considerations into account • Record your involvement
  • 36. Councillor conduct and role 1) As a Ward Councillor …you can support or oppose an application and represent the views of your constituents 2) As a Planning Committee Member …you still can, but you must still retain an open minded disposition; if not it could compromise your (impartial) role on the committee. ‘Avoid favouring a person, company, group or locality or putting yourself in a position where you appear to do so’
  • 37. Spot the difference... • “Should I be elected to the Council and serve on the Planning Committee, I will oppose each and every wind farm application that comes up. They are blots on the landscape and need to be stopped. Enough is enough. NO MORE WINDFARMS!! • “Should I be elected to the Council and serve on the Planning Committee, I will need a lot of persuading that any more wind farms should be allowed in our District. Many people find them ugly and noisy, and there is evidence that they are harmful to wildlife.”
  • 38. Has everyone got the message? “Fracking may well be a useful technology for other areas and good luck to them if it is, however the people of xxxx have our assurance that there won’t be any in our borough.” Leader of xxx Council 13 January 2014
  • 39. Interests • in accordance with the Seven Principles of Public Life, required to register pecuniary or other personal interests • pecuniary interests MUST be registered • Council may determine other personal interests to be registered • or you may ask the monitoring officer to include an interest on the Register • Best to also raise these at committee See Openness and Transparency in Personal Interests: A Guide for Councillors (DCLG, August 2012)
  • 40. Planning Committees • Think about how the public see you – committee as a shop window • Think about how an investor sees you • This is how important decisions get made – would you be impressed? – Serious – Clarity – Transparency – Fairness
  • 41. If you walked into your committee… • Would you understand what is going on? • Does it look ‘professional’? • Is it clear who the ‘players’ are? – and their roles? • Do the public know when a decision has been taken and what it was?
  • 42. Some basics • Introductions • Explain procedures • Manage public contribution • Don’t allow circulation of new materials • Don’t eat your sandwiches, read the evening paper, or play with your phone • Politicing • Don’t undermine officers (and vice versa)
  • 43. Committee site visits • Council should have a protocol on when and why to hold a site visit and how it will be conducted – ensures a consistent, transparent and fair approach • Getting the most out of site visits - well organised - ascertaining facts - establishing relationship of site with surrounding features/characteristics - who can speak (these aren’t lobbying opportunities)
  • 44. Being effective at Committee • Be prepared • Be focused: • focus on the precise points where you agree or disagree with officer assessment • Know your policies • Stick to policies and material considerations • Ensure your points are valid in planning law (take advice in advance if necessary) • Be aware of the need for probity and the public perception of your actions
  • 45. An effective commitee • Has 11-15 members • Acts professionally, fairly, and transparently • Understands what the job of the committee is; and individuals understand their role • Reviews how it is doing it’s job • Makes responsible decisions
  • 46. Top Tips 1. Respect the process 2. Follow the statutory planning framework 3. Think about the bigger picture – the outcomes, and wider public interest 4. Seek advice from planning officers, solicitors and other technical experts 5. Carefully consider the reasons for your decision, and robustness against challenge 6. Have the right planning reasons: do not make a decision and instruct officers to come up with reasons 7. Regularly review your decisions
  • 47.
  • 48. Contact PAS email pas@local.gov.uk web www.pas.gov.uk phone 020 7664 3000

Editor's Notes

  1. Anybody is welcome to download and use this report in all or part. But it would be nice if you acknowledged it came from PAS. Thanks. PAS is a DCLG grant-funded programme but part of the Local Government Association Governed by a ‘sector led’ board 10 staff – commissioners, generalists, support “PAS exists to provide support to local planning authorities to provide efficient and effective planning services, to drive improvement in those services and to respond to and deliver changes in the planning system”
  2. Planning is about big things. Planning is about sustainable development – balancing the economic, environmental and social impacts of new development. Planning is not just about dealing with planning applications; the plan you have, and the decisions then made on applications, will impact on housing, job creation, climate change, investment, infrastructure and the quality of people’s lives. That is one of the reasons why planning is often controversial. Finding the right balance between different objectives is what makes your job challenging and exciting. There are two main aspects to planning in local government – writing and implementing a plan, and dealing with development proposals. But also important to work with economic development and other colleagues within the council, as well as others outside the council responsible for making development happen – landowners and developers, the LEP, public bodies etc.
  3. Controversial – affects people’s lives as an applicant and/or resident or business owner.
  4. Sometimes these are very difficult – hard choices to make. Your decisions affect the actual changes that happen within your area. You make these decisions by using the plan and a decision making framework which aims to manage competing uses for space by having reference to the plan, by consulting others and ensuring value for the community as much as possible. But is all within a legislative framework as well.
  5. And this complexity is one of the things that the government wants to sort out.
  6. Not just the committee, but all planning decisions It isn’t a regulartory thing – its about making the decisions to implement the plan. Regard development proposals as opportunities for area Economic (CIL, New Homes Bonus, Business rates) Social (Affordable housing) Environmental (Open space)
  7. Give figures if possible – within the authority, % approved, % delegated Despite what you might think, almost all planning applications are approved. They are for low impact, straightforward changes and adaptions to the buildings we use to live in and work from.  As a councillor, though, you will be required to work on the more difficult ones. In most places this is less than 5% The straightforward applications should be left to officers because a) you won't cope with the volume b) you won't add any value
  8. Getting it wrong is costly (time, money, reputation and long lasting impacts)
  9. Over 99% of planning applications are decided first by local authorities Within authorities, around 90% are dealt with under delegated powers, by officers. Leaving Councillors to focus on the really important ones Planning Inspectorate or Secretary of State decide appeals (and some applications in the future) Major contentious development is sometimes dealt with by Government, not by local authorities (call-ins)
  10. Restated in 2004 TCP Compulsory Purchase Act It’s the law.
  11. Might know yours as a core strategy Arguments that an application is premature are unlikely to justify a refusal of planning permission other than where it is clear that the adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, taking the policies in the Framework and any other material considerations into account. Such circumstances are likely, but not exclusively, to be limited to situations where both: a) the development proposed is so substantial, or its cumulative effect would be so significant, that to grant permission would undermine the plan-making process by predetermining decisions about the scale, location or phasing of new development that are central to an emerging Local Plan or Neighbourhood Planning; and b) the emerging plan is at an advanced stage but is not yet formally part of the development plan for the area. Refusal of planning permission on grounds of prematurity will seldom be justified where a draft Local Plan has yet to be submitted for examination, or in the case of a Neighbourhood Plan, before the end of the local planning authority publicity period. Where planning permission is refused on grounds of prematurity, the local planning authority will need to indicate clearly how the grant of permission for the development concerned would prejudice the outcome of the plan-making process.
  12. National Planning Policy Framework ( NPPF), ministerial statements, emerging policy, Planning Practice Guidance, other council policies, supplementary planning guidance
  13. The list is not exhaustive, and not all will apply in every case. Have to relate to the use and development of land The weight to be given to the different considerations will vary according to the circumstances of the case. What constitutes a material consideration is a matter of law for the courts Weight to be attached to a material consideration is a matter for the decision maker Test of reasonableness applied by the courts including: National policy Other council strategies Context and merits of the particular application Technical consideration Consultees views on planning aspects Other material planning matters
  14. It is helpful if the Council has a system to explain to third parties what are material considerations and what are or unlikely to be material considerations (e.g. information provided with public speaking or neighbour notification guidance) . This will help objectors to understand the process who otherwise may feel that their comments are being disregarded. When matters are addressed by other legislation (eg licensing regimes, health & safety, fire safety) they should not be taken into account in the planning decision. The history or character of the applicant is unlikely to be a material consideration other than in certain exceptional circumstances such as a mineral operator’s experience in managing and restoring a site. Commercial competition (eg Tesco v Sainsburys) is not a material consideration BUT whether the development proposal is out of town or in town (i.e. relative impact on the vitality and viability of the town centre) MAY be material. Issues related to decency or belief (e.g. sex shops, places of worship) are not likely to be relevant material considerations.
  15. A local finance consideration as a grant or other financial assistance that has been, that will or that could be provided – S106, CiL, NHB, "where material to the application". Whether or not a ‘local finance consideration’ is material to a particular decision will depend on whether it could help to make the development acceptable in planning terms. It would not be appropriate to make a decision on the potential for the development to raise money for a local planning authority. In deciding an application for planning permission or appeal where a local financial consideration is material, decision takers need to ensure that the reasons supporting the decision clearly state how the consideration has been taken into account and its connection to the development. House of Lords, Earl Atlee “....the crucial issue is....whether at the local level there is a commitment to spend those funds on something that relates to the development and use of land and the planning merits of the planning application that is being considered. In practice it is likely that CIL will be more material in more instances than NHB. This is a natural consequence of the fact that authorities are free to spend NHB funds as they see fit while CIL must be spent on infrastructure needed to support the development of the area. Of course, where regard is to be had to NHB or CIL, the local planning authority will need to be confident at the planning decision stage that the funds will be used to deliver the infrastructure anticipated.... ....Of course, none of this fetters the ability of an authority to choose not to spend its NHB moneys on matters relating to specific developments. The funds could, for example, be distributed as funds to local communities to spend as they wish. This would be a legitimate use of the funds, but in such circumstances the funds will not be a material consideration in planning decisions.”
  16. So remembering that “……have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations”. What are those material considerations?
  17. Well run committees keep focus on these.
  18. The Committee can decide to grant planning permission and therefore allow the development to proceed or refuse permission. Otherwise unacceptable development, can be made acceptable through the use of conditions or planning obligations. Most decisions to grant planning permission will be subject to various planning conditions being satisfied. Planning conditions should only be imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all respects. (NPPF paragraph 206) Planning obligations should only be used where it is not possible to address unacceptable impacts through a planning condition and are required to meet the following tests Necessary to make the development acceptable in planning terms Directly related to the development; and Fairly and reasonably related in scale and kind to the development. (NPPF paragraph 204) For some types of application planning permission is deemed granted if the planning authority does not respond to the developer’s application within a specified period called prior approval. Typical examples are telecommunication or agricultural developments. Because telecommunication masts often generate considerable local opposition it is not unusual for such developments to be determined by Committee rather than officers which can put a severe constraint on meeting the required timescales. Other special types of consent exist such as Listed Building Consent – to demolish, alter or extend a listed building in a way that affects its character or appearance as a building of special architectural or historic interest – or Conservation Area Consent – for the total or substantial demolition of any unlisted building in a Conservation Area. Trees can be protected by the designation of Tree Preservation Orders or if they are located within a Conservation Area. For such protected trees consent is required for works to prune or fell them. Planning applications can only be refused for genuine planning reasons.
  19. the LPA must “state clearly and precisely their full reasons for each condition imposed, specifying all policies and proposals in the development plan which are relevant to the decision”. must be as specific as possible – what does “to safeguard the interests of residential amenity” or “to enable the local planning authority to control the development” actually mean? there is a right of appeal against conditions – so explain and justify
  20. Legal tests contained in the CIL regulations 2010 ( as amended)
  21. Remember, all this can be challenged and unpicked at an appeal. Poor decision making (brought into focus via appeals) is wasteful – costs time and money. And bad for a council’s reputation.
  22. A reminder that localism has not changed the basis for making planning decisions The consultation is not a referendum. The views of consultees are material considerations, but going back to an earlier quote, the role of the committee is to make decisions in the public interest – a broader view than the interests of an individual or even a ward. Decisions for the benefit of the whole area – or beyond.
  23. Is this generally understood and accepted as a starting-point?
  24. Planning is often an emotive matter for those involved and it is of upmost important that processes are not only carried out fairly but appear fair to an unbiased observer. This minimises the risk of challenge to the Council as Planning Authority but also to the individual Members from a conduct point of view.
  25. The Localism Act aimed to provide additional protection to Councillors who have expressed views on proposals before a planning committee and paved the way for the abolition of the Standards Board for England. The Standards Board was set up as part of the new ethical framework for local councillors in the Local Government Act 2000. In its place, the Localism Act introduced a new criminal offence of failing to disclose or register members’ pecuniary interests and requirement for authorities to adopt a code of conduct This is all part of the ‘Localism Agenda’ – that councillors have a proper role to play in planning for the area and getting involved. Objective of the changes: ‘Councillors should be free to campaign, to express views on issues and to vote on those matters, without fear of being unjustly accused of having a closed mind…because of it. We will be legislating …to make it clear that the normal activities of a councillor; campaigning, talking with constituents, expressing views on local matters and seeking to gain support for those views should not lead to an unjust accusation of having a closed mind on an issue that can lead to a legal challenge….The (Localism) Bill will give councillors the assurance that they can campaign, discuss and vote on issues with confidence.’ (Coalition proposal 2009) The Council’s Code of Conduct should establish what interests need to be disclosed and registered by a councillor. A disclosable pecuniary interest requires the withdrawal of the councillor from the committee when that pecuniary interest relates to an item under discussion by the committee.
  26. but the system trusts you generally to approach decision-making with an open mind. Much depends on what you actually say, and in what context.
  27. Nolan recognised that being lobbied is a normal part of a councillors role in planning. Difference between advocating/opposing and engaging in the debate. Engage on the basis of knowledge and information or ask questions. You can talk to developers You can talk to objectors You can have an opinion on a proposal You can express an opinion on a proposal (in and outside of a committee meeting) Engage on planning matters But still potential for misunderstanding and misinterpretation that community groups and developers will seek to exploit – legal minefield. Always apply the perception test – with full possession of the facts would a member of the public regard you as being biased. Legitimate - applicants, neighbours and other interested parties will approach their ward councillor or members of their planning committee. As the Nolan Committee’s third report states, this is essential for proper operation of the planning system and best done through the councillors themselves. Expressing opinions - members of the planning committee are able to express opinions, and listen to those of others. The Localism Act makes it clear that just because you have expressed an opinion, it does not necessarily mean that you have pre-determined the proposal. But you still need to take care to show that whilst you might have a view, you are open to the debate and will make your mind up on the basis of all the evidence. Meetings – If you want to meet with any groups – be it residents or applicants - it is best to do so with a planning officer present. If attending public meetings, members of a planning committee should maintain an impartial role, listening to what is said and if you express an opinion, make sure that it is just that, not a fixed view. Members of a planning committee should be advised of any public meeting either organised by officers or which officers have agreed to attend. Balance - It is difficult to find a form of words which conveys every nuance of these situations and which gets the balance right between the duty to be an active local representative and the requirement when taking decisions on planning matters to take account of all arguments in an open minded way. It cannot be stressed too strongly, however, that the striking of this balance is, ultimately, the responsibility of the individual councillor.
  28. Point out to audience that there is a separate PAS presentation which deals in detail with the probity issues which surround the role of Councillors on Planning Committees but there is a need to highlight some of the key issues to complete today’s presentation. 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. Also remember any other roles you have – as a cabinet member, or within your political group.
  29. Pecunary interests – should not take part in committee Personal – still can ALWAYS CHECK WITH YOUR MONITORING OFFICER
  30. This is a serious decision making forum where
  31. 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. 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
  32. Use our website, sign up for our newsletter, follow us on twitter