PAPER B

 

 

SCRUTINY COMMITTEE – 22 MARCH 2007

 

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 27 July 2006, considered a final report on two of its completed enquiries. One related to Development Control Sub Committee Reports and the other Development Control Speed of Determination. Although these were separate enquires with their own reports and outcomes there was some inter-relation between the evidence and recommendations. In addition the final report on the enquiry into Planning Gains and Obligations was considered at the Committee meeting on 23 December 2006.

 

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.

 

BACKGROUND PAPERS USED IN THE PREPARATION OF THIS REPORT

 

Agenda and minutes of the Scrutiny Committee held on 27 July 2006 and 23 December 2006.

 

 

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