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PPAs – the developer
perspective
Ben Wrighton

9 & 10th January 2013


glhearn.com
Structure


• GL Hearn’s Annual Planning Survey results


• LPA Development Management research


• PPAs - Key findings


• Informing the debate
GL Hearn’s Annual Planning
Survey Results
About the survey


• Survey of those closely involved in planning in public and private sector


• Applicants – 180+ respondents - principals and professional advisors


• Local planning authorities – 40 senior managers respondents (11 London
  Boroughs)


• Early indication of attitude following introduction of Localism Act and NPPF


• Annual survey to measure change
Applicants’ views
Key Findings
Investment Decisions

• Whether to invest in a project         • Perceptions of LPAs’ approach to
  informed by:                             development not encouraging

                                                              Positive
    ‒ Traditional factors such as:                             10%

       • Market opportunity
       • Fit with investment strategy
                                             Negative
                                               41%
    ‒ Increasingly influenced by:
       • Previous experience of an LPA
       • Reputation of an LPA
                                                                         Neutral
                                                                          49%
Key Findings
Top considerations when engaging in the planning process

                             The political control    Other
                             of the local authority
     The cost of
 submitting a planning
     application
                                                                             The likelihood of
                                                                           securing permission
 The local planning
    authority’s
   performance




  The cost of planning
    obligations/CIL




                  The time it takes to                        A clear planning
                    get a decision                             policy position
Key Findings
Planning applications

• Length of time to determine             • Cost including fees and obligations

       Very satisfied   Satisfied                             Very satisfied   Satisfied
            1%            8%                                       1%            2%



                                                          Very
      Very                                             dissatisfied
   dissatisfied          Neutral – it’s                                        Neutral – it’s
                            fine                          22%
      25%                                                                         fine
                            17%                                                   29%




                                                          Dissatisfied
       Dissatisfied                                          46%
          50%
Applicants’ and local
authorities’ views
Key Findings
How do applicants view their approach to planning

                  Negative, 10%




       Neutral, 15%




                                     Positive, 75%
Key Findings
Attitude to reform

• Thinking generally about the Government’s agenda, do you think it will
  materially:


    ‒ Deliver more homes and economic growth?
       • Yes: 32% applicants & 12% LPAs

    ‒ Produce a faster and leaner planning system?
       • No: 79% applicants & 83% LPAs

    ‒ Overall, increase or decrease development activity?
       • Neither increase nor decrease: 71% applicants & 88% LPAs
Key findings
What would make the biggest difference?

• Applicants’ views on what would              • Local authorities’ priorities for
  make the biggest difference to                 improvement
  performance
   ‒ Processing applications faster                ‒ CIL
   ‒ Empowerment of officers / de-politicise       ‒ Production of policy documents /
     the system
                                                   ‒ Improvement to evidence base

   ‒ Investment in LPAs
                                                   ‒ Pre-app consultation
   ‒ Increase accountability
                                                   ‒ Training of members
   ‒ More commercial culture
                                                   ‒ Size and budget of planning depts.
   ‒ Clear delivery frameworks
                                                   ‒ Involving members in pre-apps
   ‒ Increase accessibility to officers
                                                   ‒ Speeding up delivery of decisions
   ‒ Pro-growth agenda
   ‒ Improved policy documents
   ‒ Further training for officers & members
   ‒ Increased consistency
London LPA Development
Management Research
The Annual London Development Management Survey


• All 33 London Boroughs were surveyed


• Objective - review management of all major planning applications


• Major planning applications - 10 or more dwellings, residential sites over
  0.5 ha, non-residential sites over 1 ha or creation/change of use of over
  1,000 sq. m. gross


• Timeframe - 12 month period preceding publication of NPPF in April 2012


• Benchmark year from which post NPPF change can be measured
Certainty - Time - Cost
Certainty
Approval Rate of Major Applications
                                             100%




                                             90%
Percentage of Major Applications Permitted




                                             80%




                                             70%




                                             60%




                                             50%
                                                                  All London Boroughs
Time
Time To Determine Major Applications
                           120




                                                                        2 years
                           100

                                                                        31 week average inquiry

                            80
Weeks taken to determine




                                                                        1 year DCLG target
                                                                        determination (inc. appeal)
                            60
                                                                        38 week average determination


                            40
                                                                        13 week target determination



                            20




                             0
                                           All London Boroughs
Cost
Costs of a Planning Application

£30,000




£25,000




£20,000



                                               Mayoral Pre-App Fee
£15,000
                                               Local Pre-App Fee
                                               Application Fee

£10,000




 £5,000




    £0
             2007            2012       2013
PPAs – Key Findings
Key Findings
Planning Performance Agreements



                 Negative     Positive
                  18%          25%




                    Neutral
                     57%
Key Findings
Planning Performance Agreements – the positives…

 • Has provided clear timeframes / performance targets which were met


 • Cost has been proportionate to service provided


 • Has provided clear and dedicated resourcing


 • Has clarified information requirements


 • Officers attitudes have been more positive (less hostile!)
Key Findings
Planning Performance Agreements – the negatives…

 • Timescales – milestones missed / unrealistic


 • Expensive / take time to produce


 • Perceived additional fees


 • Obligations not met


 • Negative officer style not changed / mixed quality service


 • Not enforceable
Key Findings
Planning Performance Agreements – other points

 • London and South East England focus


 • Not extensively used but gaining momentum


 • Used for wide variety of purposes within the planning process


 • The experiences of funding PPAs varies widely


 • Challenge associated with engaging other key stakeholders remains
Informing the debate
Our views – when to do it?


• Pre-application and post-submission processes for ‘strategic’ schemes


• Policy development where out of date or non-conforming


• Discharge of conditions


• Depends on a developer’s objectives in particular circumstances


• Ensure funding arrangements are clear
Our views – what to include?


• Needs to be bespoke


• Timeframe / deliverables is central


• Resourcing commitments - planners and other specialists


• How to engage members and third parties efficiently


• How to deal with ‘blockages’ and how to escalate issues
Overview


• Generally remains a lack of confidence in PPAs


• Developers crave certainty of decision making / LPAs value resource and
  timing commitments


• Should be used on a selective basis


• When used, PPAs need to represent value for money


• Trust between all parties is critical

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Planning performance agreements - a developer perspective

  • 1. PPAs – the developer perspective Ben Wrighton 9 & 10th January 2013 glhearn.com
  • 2. Structure • GL Hearn’s Annual Planning Survey results • LPA Development Management research • PPAs - Key findings • Informing the debate
  • 3. GL Hearn’s Annual Planning Survey Results
  • 4. About the survey • Survey of those closely involved in planning in public and private sector • Applicants – 180+ respondents - principals and professional advisors • Local planning authorities – 40 senior managers respondents (11 London Boroughs) • Early indication of attitude following introduction of Localism Act and NPPF • Annual survey to measure change
  • 6. Key Findings Investment Decisions • Whether to invest in a project • Perceptions of LPAs’ approach to informed by: development not encouraging Positive ‒ Traditional factors such as: 10% • Market opportunity • Fit with investment strategy Negative 41% ‒ Increasingly influenced by: • Previous experience of an LPA • Reputation of an LPA Neutral 49%
  • 7. Key Findings Top considerations when engaging in the planning process The political control Other of the local authority The cost of submitting a planning application The likelihood of securing permission The local planning authority’s performance The cost of planning obligations/CIL The time it takes to A clear planning get a decision policy position
  • 8. Key Findings Planning applications • Length of time to determine • Cost including fees and obligations Very satisfied Satisfied Very satisfied Satisfied 1% 8% 1% 2% Very Very dissatisfied dissatisfied Neutral – it’s Neutral – it’s fine 22% 25% fine 17% 29% Dissatisfied Dissatisfied 46% 50%
  • 10. Key Findings How do applicants view their approach to planning Negative, 10% Neutral, 15% Positive, 75%
  • 11. Key Findings Attitude to reform • Thinking generally about the Government’s agenda, do you think it will materially: ‒ Deliver more homes and economic growth? • Yes: 32% applicants & 12% LPAs ‒ Produce a faster and leaner planning system? • No: 79% applicants & 83% LPAs ‒ Overall, increase or decrease development activity? • Neither increase nor decrease: 71% applicants & 88% LPAs
  • 12. Key findings What would make the biggest difference? • Applicants’ views on what would • Local authorities’ priorities for make the biggest difference to improvement performance ‒ Processing applications faster ‒ CIL ‒ Empowerment of officers / de-politicise ‒ Production of policy documents / the system ‒ Improvement to evidence base ‒ Investment in LPAs ‒ Pre-app consultation ‒ Increase accountability ‒ Training of members ‒ More commercial culture ‒ Size and budget of planning depts. ‒ Clear delivery frameworks ‒ Involving members in pre-apps ‒ Increase accessibility to officers ‒ Speeding up delivery of decisions ‒ Pro-growth agenda ‒ Improved policy documents ‒ Further training for officers & members ‒ Increased consistency
  • 14. The Annual London Development Management Survey • All 33 London Boroughs were surveyed • Objective - review management of all major planning applications • Major planning applications - 10 or more dwellings, residential sites over 0.5 ha, non-residential sites over 1 ha or creation/change of use of over 1,000 sq. m. gross • Timeframe - 12 month period preceding publication of NPPF in April 2012 • Benchmark year from which post NPPF change can be measured
  • 17. Approval Rate of Major Applications 100% 90% Percentage of Major Applications Permitted 80% 70% 60% 50% All London Boroughs
  • 18. Time
  • 19. Time To Determine Major Applications 120 2 years 100 31 week average inquiry 80 Weeks taken to determine 1 year DCLG target determination (inc. appeal) 60 38 week average determination 40 13 week target determination 20 0 All London Boroughs
  • 20. Cost
  • 21. Costs of a Planning Application £30,000 £25,000 £20,000 Mayoral Pre-App Fee £15,000 Local Pre-App Fee Application Fee £10,000 £5,000 £0 2007 2012 2013
  • 22. PPAs – Key Findings
  • 23. Key Findings Planning Performance Agreements Negative Positive 18% 25% Neutral 57%
  • 24. Key Findings Planning Performance Agreements – the positives… • Has provided clear timeframes / performance targets which were met • Cost has been proportionate to service provided • Has provided clear and dedicated resourcing • Has clarified information requirements • Officers attitudes have been more positive (less hostile!)
  • 25. Key Findings Planning Performance Agreements – the negatives… • Timescales – milestones missed / unrealistic • Expensive / take time to produce • Perceived additional fees • Obligations not met • Negative officer style not changed / mixed quality service • Not enforceable
  • 26. Key Findings Planning Performance Agreements – other points • London and South East England focus • Not extensively used but gaining momentum • Used for wide variety of purposes within the planning process • The experiences of funding PPAs varies widely • Challenge associated with engaging other key stakeholders remains
  • 28. Our views – when to do it? • Pre-application and post-submission processes for ‘strategic’ schemes • Policy development where out of date or non-conforming • Discharge of conditions • Depends on a developer’s objectives in particular circumstances • Ensure funding arrangements are clear
  • 29. Our views – what to include? • Needs to be bespoke • Timeframe / deliverables is central • Resourcing commitments - planners and other specialists • How to engage members and third parties efficiently • How to deal with ‘blockages’ and how to escalate issues
  • 30. Overview • Generally remains a lack of confidence in PPAs • Developers crave certainty of decision making / LPAs value resource and timing commitments • Should be used on a selective basis • When used, PPAs need to represent value for money • Trust between all parties is critical