PAPER B
SCRUTINY
COMMITTEE – COMPLETED
ENQUIRIES - DEVELOPMENT CONTROL SUB COMMITTEE REPORTS SC01/06; DEVELOPMENT
CONTROL SPEED OF DETERMINATION SC02/06 AND PLANNING GAINS AND OBLIGATIONS
SC03/06 – RESPONSE BY THE CABINET MEMBER FOR ASSETS, PLANNING AND HOUSING REPORT
OF THE INTERIM DIRECTOR OF LEGAL AND DEMOCRATIC SERVICES |
REASON
FOR CONSIDERATION
To
consider a response by the Cabinet Member for Assets, Planning and Housing,
Councillor George Brown, on the recommendations made by the Committee in
relation to its enquiries into three areas affecting Development Control.
BACKGROUND
The Scrutiny Committee, at its meeting on
For ease of reference the recommendations made by the
Scrutiny Committee are reproduced below. The Cabinet Member has been asked to
attend this meeting and outline the action being taken in relation to each
recommendation.
1)
Development
Control Sub Committee Reports – SC01/06
1.1
A quality control
system be introduced by officers on the report content
to the Development Control Sub Committee to maintain the present high standard and ensure consistency.
1.2
The précising of
comments from statutory consultees and third parties
be continued and copies of these letters be made
available on the web link for each application.
1.3
The introduction
of the use of Google Earth be welcomed as a tool to assist in supporting the
information provided at meetings to assist in the decision making process.
1.4
In respect of
major applications all details about planning gains through section 106
agreements be included at the end of the report after
planning considerations to ensure that it did not appear that permission was
being bought by a developer.
1.5
All relevant
national and local policies be shown in bullet point
format for each application with an appropriate web link also being included
within the Development Control Sub Committee papers.
1.6
To assist members
of the Development Control Sub Committee in focusing on the main issues of each
application the key planning considerations should be clearly identified at the
start of the report.
1.7
Regular training
should be arranged by the Chairman of
the Development Control Sub Committee for all members of the Council on
planning issues and the opportunity taken to review processes so that
improvements can be introduced in the light of experience.
1.8 The
advisory information available for the public on the Development Control Sub
Committee process by way of a leaflet and internet be
reviewed by the Sub Committee to
ensure that there is clarity and transparency of what information is reported.
2)
Development
Control Speed of Determination – SC02/06
2.1
The Committee Chairman should ensure that regular training should be
arranged for all members of the Council on planning issues in general and DCC
in particular and should conduct a review of processes so that improvements can
be rapidly introduced in the light of experience.
2.2
To enable the Council to meet, on a sustainable basis, the National Best
Value Performance Targets a business case as a matter of urgency be prepared by
the Cabinet Member for Environment, Planning and Transport together with the
Strategic Director for Environment Services for the temporary part time post in
the East Wight Team to be made a permanent full time post; the appointment of a
further Enforcement Officer; and a specialised Section 106 Monitoring Officer.
2.3
In considering the speed of determination of major applications those
where an outside agency report such as an Environmental or Traffic Management Statement
is required are to be highlighted at an early stage due to the possible impact
on timescales.
2.4
The importance of members of the Development Control Sub Committee in
determining an application at a meeting, rather than deferral, be highlighted together with attendance at site visits. The
importance of the Chairman emphasising to members the need to fully understand
the content of reports to the Sub Committee should be stressed. The ability for
members to raise individual queries with Officers prior to the public meeting
cannot be underestimated and officers should be encouraged to consider closer
contact with the local member at pre-application stage.
2.5
Procedures for the handling of major applications involving Section 106
agreements should be reviewed in the light of best practice by other
Authorities and introduced as a matter of urgency. See recommendations in
previous report SCO1/06
2.6
The information contained in the Development Control Advisory Notes both
on the website and in leaflet form be reviewed on a
quarterly basis by officers.
2.7
Staff within Development Control should meet on an opportunity basis with
members in order to foster closer working and be congratulated upon their
performance and thanked publicly for the work that they undertake under very
demanding circumstances.
3)
Planning Gains
and Obligations SC03/06
3.1 A
dedicated Section 106 Officer be appointed as a matter
of urgency, on a self funding basis possibly funded through top slicing of
planning application income or utilisation of monies received through Section
106 Agreements, and this post be an additional post within Development Control.
3.2 Immediate
action be taken by the Cabinet Member for Environment, Planning and Transport
together with the Director of Regeneration and Development to identify the
monies currently held by the Council in respect of Section 106 agreements to
ensure that these are fully utilised for the benefit of the community in
accordance with agreed timescales and that monies yet to be paid are clearly
earmarked for sustainable projects.
3.3 The
draft Supplementary Guidance on Planning Gain be updated and a consultation
exercise be undertaken leading to formal adoption within three months.
3.4 The
level at which Planning Obligations should be triggered in respect of
residential units be lowered to 5 from the current 10, in the immediate term,
with consideration given to the implications of including Planning Obligations
for all applications.
3.5 An
evidence based approach to developer contributions be adopted and publicised
appropriately so that developers are aware in advance of likely requirements.
3.6 The
Council adopt the model Section 106 Agreement produced by the Department for
Communities and Local Government.
3.7 Development
Control Officers should be involved at an early stage with developers to enable
major planning applications to be processed within the requirements laid down
nationally. Consideration should be given as to whether this should be on a fee
paying basis.
3.8 Senior
Officers in other Directorates involved in advising on obligations arising from
planning applications should meet on a six monthly basis to review the
processes and methodology for seeking contributions towards these.
3.9 A
quarterly monitoring report be submitted to the
Development Control Sub Committee on progress with the delivery of Planning
Obligations.
Agenda
and minutes of the Scrutiny Committee held on
Contact
Point : Paul Thistlewood, Overview And Scrutiny Team, ' 823285,
e-mail paul.thistlewood@iow.gov.uk
ALISON LOWTON
Interim Director of Legal and Democratic Services