Decision details

Update on Planning Service

Decision Maker: Governance Committee

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

The Head of Housing, Planning and Health addressed the committee and introduced the Service Manager (Development Management).

 

The Service Manager (Development Management) provided the committee with an update on the planning service.

 

She updated the Committee on the background of the planning service, and the current situation, including:

 

·       Her employment history within planning

·       The legal requirement on Local Authorities to determine minor planning applications was within 8 weeks, and major applications (10 or more dwellings) in 13 weeks.

·       A Local Planning Authority can agree an extension to the time in which it must determine an application. This would be agreed with the applicant; requiring justified reasons for the extension, plus an agreed new date.

·       Delays to determination could be caused by dependence on third parties to provide reports, consultee responses, or the drafting of Section 106 agreements.

·       The National Planning Policy Framework allowed for pro-active work: rather than an unacceptable application being immediately refused, an extension could be agreed in able to allow time for any issues to be remediated which could make an application acceptable.

·       If an application was not determined within 26 weeks the applicant could apply for a refund of the fees, unless a longer period has been agreed with the applicant. On large applications this could be damaging financially.  There were companies actively approaching applicants (using information from Authority websites) to take on cases to seek refunds on their behalf.

·       The team was not yet fully resourced. There was a national shortage of suitable planning professionals looking to take on roles within Local Authorities.

·       The Environment Agency were consultees on applications.  Consultee views were all taken into account when considering planning balance and all Local Planning Authorities tried to ensure that any decisions were robust as they were open to judicial review and appeal.

·       97% of applications were approved, with a low appeal-rate for those refused. Very few decisions were overturned at appeal.

 

The Committee Members advised that those who were also County Councillors would be happy to be approached by the planning team in order to chase decisions from Devon County Council if required.

 

The Chief Executive confirmed that:

 

·       a large application (of 450 dwellings) had been recently submitted.  The deadline was 16 weeks plus any agreed extension.

·       Reports on the processing times were to be presented to Members on a quarterly basis.

 

RESOLVED that the update be noted

 

 

 

Report author: Jeremy Mann

Publication date: 10/02/2023

Date of decision: 10/01/2023

Decided at meeting: 10/01/2023 - Governance Committee