Charging for Pre–application Planning Advice

Members Seminar 31 March 2014

Background

• Part of budget saving exercise• Safer Communities Overview and Scrutiny 20

November 2013: Potential Mitigation Options• Council 28 January 2014 approved mitigation

measures

Statutory Duties of LPA:Core Function

• LPA has a statutory duty to process planning applications

• Fees for applications are set nationally by WG• Majority of applications should be determined

within 8 weeks (mandatory requirement)• Statutory duty to discharge conditions• No fee for discharging conditions

Non Statutory Functions

• Pre application advice• Advice on whether planning permission

required• Other general planning enquiries

Pre Application Advice

• Not statutory but encouraged by WG• Service currently provided free of charge• Includes advice from other Departments –

highways, countryside, recreation, housing, education etc

Pre application advice

• Local Government Act 2003 provides Councils with the ability to charge for discretionary services

• Some neighbouring LPA’s already charging for this service:

Benefits of pre application advice

• Speeds up planning application process• Improves quality of proposed developments• Early identification of issues• Early identification of community and/or local

concerns• Helps to foresee problems early when

solutions more readily found• Reduces unacceptable planning applications

category Service offered Newport CCStrategic (100+ houses) Meeting + letter £850 Additional meeting + letter £400Large Major letter £300 (25 – 99 houses) Meeting + letter £500 Additional letter £150 Additional meeting + letter £250Major letter £200 (10 – 24 houses) Meeting and letter £300 Additional letter £100 Additional meeting and letter £200Minor Letter £60 (under 10 houses) Meeting and letter £120 Additional letter £30 Additional meeting and letter £60Householder and other minor

No charge. £30 for meeting or SV

other minor, LB’s, TPO’s, voluntary organisations etc

No charge

General enquiries £50 per hour

Consultation Document:Positive Planning

• Development Management NOT Development Control

• Frontloading: pre app advice should become the norm

• Identify community and local concerns early in the process where solutions may be more readily found

Consultation Document:Positive Planning

• Introduce legal duty to provide pre app service

• Requirement for pre application engagement with the community for major development

• Reasonable for a LPA to recover cost of such a service

• Consultation paper on fees for pre app advice to be issued shortly

Advice on whether planning permission required

• Householder permitted development rights recently amended and now more complex.

• Officer advice on the need for planning permission is not a statutory function, nor is it binding on the LPA.

• But, application can be submitted for a formal determination which is binding. Fee is half the cost of an equivalent planning application

Advice on whether planning permission required

• Advice available on line– Eg. Interactive House and Interactive Terrace

http://www.planningportal.gov.uk• Number of LPA’s referring customers to online

guidance or requiring submission of an application.

Proposals: Pre app advice

• Introduce charge for pre application advice• Fees to be proportional to the development

proposed• No charge for householder pre application

advice unless site meeting requested • Service operated in accordance with a pre

application delivery service statement

Proposals: Advice on ‘permitted development’

• Significantly reduce the level of advice on ‘permitted development’ rights

• Actively encourage submission of applications for Lawful Development Certificates (LDC’s) to ascertain whether planning permission required.

• Direct customers to existing guidance and on-line services

Next Steps

• Customer Panel• Report to be circulated to all Members• Circular letter to local agents• Approval of fee levels from Executive Member• Preparation of a service delivery statement• Anticipated implementation Spring 2014