PLANNING COMMITTEE

Welcome to your training day

PURPOSE OF THE DAY(NEW MEMBERS)

To gain key knowledge and understanding of the Planning committee role To build confidence in making planning decisions

PURPOSE OF THE DAY(EVERYONE)

To practice working together as a new team To share experiences and perspectives

IN THE BEGINNING…

The fundamental questions:

Why is it necessary to control building and development at all? Why do we have a planning department? Why do we have a planning committee? What is the core responsibility of the department and committee? To whom are they responsible?

THE PLANNING QUIZ

THE PLANNING QUIZ

QUESTION 1

Which of the following is NOT a reason for a planning application being referred to the Planning Committee? a) A Councillor has referred it to the Planning Committee within 21 days of being notified

b) It is a Major planning application

c) The applications have been submitted by an employee or Councillor.

d) The application has been referred to the Planning Committee by the Assistant Director for Planning

THE PLANNING QUIZ

QUESTION 1

Which of the following is NOT a reason for a planning application being referred to the Planning Committee? a) A Councillor has referred it to the Planning Committee within 21 days of being notified

b) It is a Major planning application

c) The applications have been submitted by an employee or Councillor.

d) The application has been referred to the Planning Committee by the Assistant Director for Planning

THE PLANNING QUIZ

QUESTION 2

To ensure that committee decisions are taken on planning grounds and are sound it is incumbent on all Planning Committee Members to do what? a) Attend all Planning Committee meetings

To meet with the Planning Officers to discuss the planning applications

b) To give full consideration to reports prepared by Officers and to familiarise themselves with planning guidance and policyc) To take part in the debate at the committee meetings and ask questions when appropriate

THE PLANNING QUIZ

QUESTION 2

To ensure that committee decisions are taken on planning grounds and are sound it is incumbent on all Planning Committee Members to do what? a) Attend all Planning Committee meetingsb) To meet with the Planning Officers to discuss the

planning applicationsc) To give full consideration to reports prepared by Officers and to familiarise themselves with planning guidance and policyd) To take part in the debate at the committee meetings and ask questions when appropriate

THE PLANNING QUIZ

QUESTION 3

Can Members of the Planning Committee express a view about a planning application prior to the committee meeting? Yes

No

THE PLANNING QUIZ

QUESTION 3

Can Members of the Planning Committee express a view about a planning application prior to the committee meeting? Yes

No

…as long as they have made it clear that they still have an open mind and have not already reached a decision.

THE PLANNING QUIZ

QUESTION 4

What should you do if you find out that you are a friend of the applicant whose planning application is coming to the Planning Committee?

a) Declare a personal interest at the beginning of the Planning Committee and continue to consider the planning application

b) Consider before the Planning Committee whether you can make an objective decision and either carry on as in Answer (a) or declare a prejudicial interest and not take part in the item

c) Definitely do not take part in the decision on the application as it could be perceived that you have a prejudicial interest

d) Keep quiet about it.

THE PLANNING QUIZ

QUESTION 4

What should you do if you find out that you are a friend of the applicant whose planning application is coming to the Planning Committee?

a) Declare a personal interest at the beginning of the Planning Committee and continue to consider the planning application

b) Consider before the Planning Committee whether you can make an objective decision and either carry on as in Answer (a) or declare a prejudicial interest and not take part in the item

c) Definitely do not take part in the decision on the application as it could be perceived that you have a prejudicial interest

d) Keep quiet about it.

THE PLANNING QUIZ

QUESTION 5

If you have a pecuniary interest in a particular planning application what must you do?

a) Declare an interest before the committee and continue to take part in the decision making process

b) Nothing

c) Take part in the decision making process and then inform Democratic Support of the interest

d) Declare an interest and leave the meeting immediately

THE PLANNING QUIZ

QUESTION 5

If you have a pecuniary interest in a particular planning application what must you do?

a) Declare an interest before the committee and continue to take part in the decision making process

b) Nothing

c) Take part in the decision making process and then inform Democratic Support of the interest

d) Declare an interest and leave the meeting immediately

THE PLANNING QUIZ

QUESTION 6

What is the procedure if there is a planning application in your ward and you have made a public statement opposing the application? You are due to sit on the Planning Committee to take part in the decision on this application?

a) Make an open declaration at the committeeb) Not vote on the planning applicationc) Open declaration is noted in the minutesd) Vacate seat on Planning committee and sit in public area for duration of the item.e) If speaking as a ward Councillor move to speakers seat at appropriate time.

THE PLANNING QUIZ

QUESTION 6

What is the procedure if there is a planning application in your ward and you have made a public statement opposing the application? You are due to sit on the Planning Committee to take part in the decision on this application?

a) Make an open declaration at the committeeb) Not vote on the planning applicationc) Open declaration is noted in the minutesd) Vacate seat on Planning committee and sit in public area for duration of the item.e) If speaking as a ward Councillor move to speakers seat at appropriate time.

THE PLANNING QUIZ

QUESTION 7

What should you do if you get lobbied by an applicant or an objector of an application which is coming to the committee?

(a)Inform the person who is lobbying that you cannot read any material they provide because you are a member of the planning committee.

(b)Meet with the person to discuss their concerns in more detail

(c)Declare at the Planning Committee that you have been lobbied

(d)Accept any material but make it clear to the person that you are keeping an open mind and will pass the material to the relevant Planning Officer for consideration.

THE PLANNING QUIZ

QUESTION 7

What should you do if you get lobbied by an applicant or an objector of an application which is coming to the committee?

(a)Inform the person who is lobbying that you cannot read any material they provide because you are a member of the planning committee.

(b)Meet with the person to discuss their concerns in more detail

(c)Declare at the Planning Committee that you have been lobbied

(d)Accept any material but make it clear to the person that you are keeping an open mind and will pass the material to the relevant Planning Officer for consideration.

THE PLANNING QUIZ

QUESTION 8

What is the appropriate procedure for Ward Members to get involved in pre application discussions and S106 negotiations?

a) Let the case officer know within 10 working days of receipt of the pre application list or weekly list

b) Wait for the case officer to contact you

c) Wait for a constituent to contact you and then speak to the case officer

d) Contact the developer direct once you have seen the lists and then inform the case officer.

THE PLANNING QUIZ

QUESTION 8

What is the appropriate procedure for Ward Members to get involved in pre application discussions and S106 negotiations?

a) Let the case officer know within 10 working days of receipt of the pre application list or weekly list

b) Wait for the case officer to contact you

c) Wait for a constituent to contact you and then speak to the case officer

d) Contact the developer direct once you have seen the lists and then inform the case officer.

THE PLANNING QUIZ

QUESTION 9

Who can normally speak at Planning Committee?

a) Anyone who registers in time

b) 1 objector, 1 supporter and any ward Councillor (all must have sent in LOR’s)

c) 1 objector (provided they have sent in a LOR), 1 supporter (only need to send in an LOR if not

applicant or agent), and any Ward Councillor

d) 1 objector ( with a LOR), the applicant and numerous councilors (who don’t have to register)

THE PLANNING QUIZ

QUESTION 9

Who can normally speak at Planning Committee?

a) Anyone who registers in time

b) 1 objector, 1 supporter and any ward Councillor (all must have sent in LOR’s)

c) 1 objector (provided they have sent in a LOR), 1 supporter (only need to send in an LOR if not

applicant or agent), and any Ward Councillor

d) 1 objector ( with a LOR), the applicant and numerous councilors (who don’t have to register)

THE PLANNING QUIZ

QUESTION 10

What persons, apart from those mentioned in question 9, can speak at the Planning Committee?

a)Anyone who wants to

b)No-one

c)Landowners in relation to a Public Rights of Way application

d)Friends of the Committee Members

THE PLANNING QUIZ

QUESTION 10

What persons, apart from those mentioned in question 9, can speak at the Planning Committee?

a)Anyone who wants to

b)No-one

c)Landowners in relation to a Public Rights of Way application

d)Friends of the Committee Members

THE PLANNING QUIZ

BUZZER QUESTION

If speakers want to submit any presentational material to supplement their speech what must they do?

a) They can simply come along to the Planning Committee and hand it out to members and officers

b) Send it to all the planning committee members prior to the planning committee meeting

c) They must submit it to Democratic Support no later than 4.30 pm two working days before the Planning

Committee meeting

d) Send it to the Chair of the Committee

THE PLANNING QUIZ

BUZZER QUESTION

If speakers want to submit any presentational material to supplement their speech what must they do?

a) They can simply come along to the Planning Committee and hand it out to members and officers

b) Send it to all the planning committee members prior to the planning committee meeting

c) They must submit it to Democratic Support no later than 4.30 pm two working days before the Planning

Committee meeting

d) Send it to the Chair of the Committee

THE PLANNING QUIZ

BUZZER QUESTION

Which of the following is not a legitimate reason to defer a decision in relation to an application?

a) Members want officers to clarify a matter with the applicant before making a decision

b) Members want officers to negotiate specific improvements to an application

c) Officers have warned of a high risk of costs and so members want to seek further advice on grounds for refusal

d) Members are undecided and would like more time to consider the officers report.

THE PLANNING QUIZ

BUZZER QUESTION

Which of the following is not a legitimate reason to defer a decision in relation to an application?

a) Members want officers to clarify a matter with the applicant before making a decision

b) Members want officers to negotiate specific improvements to an application

c) Officers have warned of a high risk of costs and so members want to seek further advice on grounds for refusal

d) Members are undecided and would like more time to consider the officers report.

THE PLANNING QUIZ

BUZZER QUESTION

If a Planning Committee approve or refuse an application contrary to an officer recommendation what must they do?

a) Make the decision and request the officer to write up the reasons for refusal or conditions/reasons on an approval

b) Make the decision and ask the Chair to prepare the committee’s reasons for their decision

c) On making the decision provide full conditions for an approval, reasons for an approval, relevant policies, any informative and full reasons for any refusal

d) Make the decision without giving any reasons, condition and polices.

THE PLANNING QUIZ

BUZZER QUESTION

If a Planning Committee approve or refuse an application contrary to an officer recommendation what must they do?

a) Make the decision and request the officer to write up the reasons for refusal or conditions/reasons on an approval

b) Make the decision and ask the Chair to prepare the committee’s reasons for their decision

c) On making the decision provide full conditions for an approval, reasons for an approval, relevant policies, any informative and full reasons for any refusal

d) Make the decision without giving any reasons, condition and polices.

THE PLANNING QUIZ

BUZZER QUESTION

With regard to Planning appeals what is the difference between an informal hearing and a public inquiry?

An informal hearing takes the form of a structured discussion between interested parties, followed by a decision by an Inspector. A public inquiry is a formal process that normally involves barristers and allows witnesses to be cross examined

THE PLANNING QUIZ

TRUE OR FALSE?

Are these statements true or false?

The Planning Committee site visit forms part of the formal Planning Committee

False

THE PLANNING QUIZ

TRUE OR FALSE?

Are these statements true or false?

The site visit is a chance to ask questions to the applicant/developer

False

THE PLANNING QUIZ

TRUE OR FALSE?

Are these statements true or false?

Members can ask for an additional site visit even if there has been one prior to the committee provided that there is a majority vote in favour based on specified reasons

True

THE PLANNING QUIZ

TRUE OR FALSE?

Are these statements true or false?

One of the reasons for a site visit is to seek clarification on details in the application from the officers, through the Chair

True

THE PLANNING QUIZ

FINAL QUESTION

How can a person who is aggrieved about a decision made by the Planning Committee challenge it legally?

a)Camp outside the Council House until the decision is changed

b)Start a pressure campaign in the local paper

c)Send Pictures of themselves looking miserable to the committee members along with pleading letters

d)Something else

THE PLANNING QUIZ

FINAL QUESTION

How can a person who is aggrieved about a decision made by the Planning Committee challenge it legally?

a)Camp outside the Council House until the decision is changed

b)Start a pressure campaign in the local paper

c)Send Pictures of themselves looking miserable to the committee members along with pleading letters

d)Something else

Answer: Obtain permission for a judicial review through the courts

THE PLANNING QUIZ

FINAL QUESTION

How do members of the public make a complaint regarding a breach of the Code of Good Practice?

a)Shout abuse in the Council Chamber

b)Fly-post pictures of councillors on bus stops and draw moustaches on their faces

c)Appeal to the European Parliament for a breach of human rights

d)Something else

THE PLANNING QUIZ

FINAL QUESTION

How do members of the public make a complaint regarding a breach of the Code of Good Practice?

a)Shout abuse in the Council Chamber

b)Fly-post pictures of councillors on bus stops and draw moustaches on their faces

c)Appeal to the European Parliament for a breach of human rights

d)Something else

Answer: In writing to the Head of Legal Services for referral to the Monitoring Officer. If not satisfied, the LGO.

BEST LAID PLANS…

Key principles of planning

COFFEE BREAK

10 minutes

Principles of Planning

Peter FordHead of Development Management

Planning Committee Training – 13th June 2014

Overview of planning decision making

What is planning for? The decision making context Policy Material considerations

Performance and implications for committees

Planning creates headlines

The challenge for councils: less

The challenge for councils: more

Planning in the UK is policy led

national policy National Planning Policy Framework (NPPF)

G&T policy National Policy Statements National Planning Policy

Guidance (NPPG)

local policy development plan

neighbourhood policies Neighbourhood plans

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

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

Policy

the first consideration must be the Development Plan– as it is at the time of the decision •emerging plans: no legal force until adopted, but can be given more weight the more advanced they are •if the Development Plan can be shown to be out of date (or, indeed, “silent” on a particular point), NPPF is main policy framework

Think about other things

………determination must be made in accordance with the plan, unless material considerations indicate otherwise”.

Section 38, Planning & Compulsory Purchase Act 2004

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

National and local policy •Relevant views of consultees •Factors on the ground

The main types of material consideration

Deregulation: getting applications out of the system

•Extension of Permitted Development Rights (pp not required) Residential extensions •Offices to residential •the conversion of agricultural buildings to residential use (‘barn conversions’) •Shops, banks etc to residential

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 appealThis all has implications for your timetable and deferrals

PRACTICE SCENARIOS PART 1

See how you get on

LUNCHSee you at 1pm

THE SPECIAL RELATIONSHIP

THE SPECIAL RELATIONSHIP

Planning committee, Planning department, other councillors applicants, objectors, How do all the interested parties work together now?

•What is your vision of your working relationship?

•How are you going to achieve this vision?

DECISION MAKING

DECISION MAKING

What kind of thinker are you?

Information gathering Decision making

DECISION MAKING

What kind of thinker are you?

Information gathering

Detail (what is)orBig picture (what if?)

DECISION MAKING

What kind of thinker are you?

Decision making

Thoughts basedorValues based?

DECISION MAKING

Factors that affect our decisions Conscious factors Unconscious factors

Logic

Values

Previous decisions

Pressure to conform

Desire to be different

innovation

Creativity

Prejudices

Confidence

Opinions & advice of others

Available options

Understanding of consequences

Self preservation

DECISION MAKING

Convergent vs. Divergent

PUZZLE PROBLEM

One correct solution

Many possible solutions

MAKING DECISIONS AS A GROUP

What are the benefits of making decisions as a group?

What are the difficulties of group decisions?

MAKING DECISIONS AS A GROUP

PRACTICE SCENARIOS PART 2

The decision is not your goal, it’s about how you get there

Two teams: come up with your own decision and justify it. If you agree, great. If not, how fascinating!

What does this tell us about the decision making process?

TEA BREAK

15 minutes

REFLECTION

What will you take away from today?Has today left you with any questions?

HERE TO HELP

There is support available to you in the following ways:

Your fellow committee members Your lead officer (Peter Ford) and your legal officer (Julie Rundle or Mark Lawrence)

THANK YOU

…and good luck