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

categoryService offeredNewport CC Strategic (100+ houses)Meeting + letter£850 Additional meeting + letter£400 Large Majorletter£300 (25 – 99 houses)Meeting + letter£500 Additional letter£150 Additional meeting + letter£250 Majorletter£200 (10 – 24 houses)Meeting and letter£300 Additional letter£100 Additional meeting and letter£200 MinorLetter£60 (under 10 houses)Meeting and letter£120 Additional letter£30 Additional meeting and letter£60 Householder 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 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