Town & Parish Councils Workshops 2014 · Overview & Scrutiny workshops re: Public...

Town & Parish Councils Workshop

June 2015

Dealing with planning applications and Chairing the SLDC Planning Committee:

• To help councillors understand their role in debating about a planning application

• To provide suggestions to Chairman on controlling the debate

• By Illustration of the process at SLDC Planning Committee.

• Be Prepared

• Be Focussed

The committee meeting process

• Declarations of interest in applications to de discussed as an early agenda item

• Listen to any public speaking

• Refer to Parish/Community/Neighbourhood plans

• Debate matters from a Parish / Town perspective on an evidential basis and set against objectives in plans

The committee meeting processContinued

• Suspend any particular rules of debate so that members can return and explore what each are saying

• Come to a conclusion about whether it meets your plans objectives subject to other issues which may over ride those and the content of your observations to be reported to SLDC (Vote if necessary)

• Report support or objection with the reasons from the conclusion back to SLDC

Localism in Planning “Reference has been made to the Government’s localism

agenda.....Any decision-maker must determine planning applications on planning grounds………. in accordance with the development plan unless material considerations indicate otherwise. Decisions should not be made solely on the basis of the number of representations or signatures on a petition, whether they are for or against a proposal. The Localism Act has not changed …(this). Nor has it changed the advice ………, namely, that local opposition or support for a proposal is not in itself a ground for refusing or granting planning permission unless it is founded on valid planning reasons. “

Eric Pickles 28 June 2012

Rules on participation for parish councillors

• Planning manages the right to develop land

• It involves balancing private and public interests

• Need to demonstrate, at all times:

– Fairness

– Openness

– Impartiality

• As a Councillor… …you can support or oppose an application and represent the views of your constituents

Rules on participation for parish councillors• If you have a Planning Committee

…you still can, but you must still retain an open minded disposition; if not it could compromise your (impartial) role on the committee.

• be aware of the need for probity and the public perception of

your actions

• ‘Avoid favouring a person, company, group or locality or

putting yourself in a position where you appear to do so’

Best Practice

Amanda McCleery (CALC)

Clarity and Terminology in letters and Reports

Hold my Hands up Letters are not good

• Uneven editing because of changes has lead to certain terms being used interchangeably

However

• We do need to review letters with the “Plain English” principles in mind

• Further changes are required

• Some “Legalese” will remain because those expressions are used in law

Digital Communication

Digital by Default

• Planning decisions are sent electronically wherever possible

• Digital Project being undertaken Council wide

• Approx 18 months to plan and prepare

• Consider applications for grant funding for equipment (laptops / projectors)

• Consider sharing equipment with other Parishes

Pre-application Advice

Overview & Scrutiny workshops re: Public Engagement:

– Focussed on encouraging consultation between developers and Parishes before an application

– Voluntary by developers

– Further Consultation to follow on

• Statement of Community Involvement (incorporation pre-application processes)

• Validation Checklist (incorporating results of pre-application consultation)

• Pre-application Advice Service

SLDC CASE STUDIES

What is a Material Consideration?MATERIAL

• layout, density

• privacy

• daylight / sunlight

• access / traffic

• local economy

• design / appearance

• noise, smell

• landscape

• crime & disorder

• cumulative impact*

• previous similar decisions*

• rarely, personal circumstances

NOT MATERIAL

• history of applicant

• loss of view

• “no need”

• commercial competition

• change from previous scheme

• impact on property value

• restrictive covenants

• ownership of land / right of access

• anti-social behaviour

• health grounds for telecommunication masts

REFUSAL

Residential Development Copper Dog, Leece

Location Plan

Copper Dog, Leece

Settlement Boundary showing site

Copper Dog, Leece

Looking NE

Copper Dog, Leece

Looking SW

Copper Dog, Leece

Northern (Back) Elevation

Copper Dog, Leece

Western Elevation

Copper Dog, Leece

Proposed Layout

Copper Dog, Leece

Proposed Roadside Elevations

Copper Dog, Leece

Detached House Plans

Copper Dog, Leece

Semi Detached House Plan

APPROVAL

Residential Development Holker Estates, Cartmel

Site Plan

Residential Development Holker Estates, Cartmel

View from South East entering Village

Residential Development Holker Estates, Cartmel

Winter View from South East

Residential Development Holker Estates, Cartmel

Closer view from south east

Residential Development Holker Estates, Cartmel

Site frontage showing nearest residential property

Residential Development Holker Estates, Cartmel

View of site looking out village

Residential Development Holker Estates, Cartmel

View of road from west

From site looking into Cartmel

Residential Development Holker Estates, Cartmel

Closer view back to Village

Residential Development Holker Estates, Cartmel

Site from track

Residential Development Holker Estates, Cartmel

Relationship to neighbouring property

Residential Development Holker Estates, Cartmel

Site for replacement horse exercise ring

Residential Development Holker Estates, Cartmel

Site for replacement horse exercise ring

Residential Development Holker Estates, Cartmel

Proposed Site Plan

Residential Development Holker Estates, Cartmel

Site Layout and Elevations

Residential Development Holker Estates, Cartmel

Typical Elevations

Residential Development Holker Estates, Cartmel

Typical Elevations

Residential Development Holker Estates, Cartmel

Typical Elevations

Community Infrastructure Levy

• CIL charging schedule adopted from 1 June 2015• Simon Anstey appointed as CIL Officer• Live software• Liability Notices Issued• Uncertain when chargeable developments will

commence• Anticipated that first payments to Parish/Town

Councils may be made in April 2016• SLDC project Governance system still being

determined

SLDC Support

• The Policy and Partnership team are the first point of contact for CIL and assistance will be given by SLDC Planning Team

• Town/Parish Councils have to spend the money on infrastructure projects of their choice to support development

• Town/ Parish Councils have to submit an Annual Monitoring Report

Suggested Parish Plan Page

Design• Layout eg address the street or important open space• Style• HeightsInfrastructure• Roads / Footpaths / Open space• Play Group• CIL Projects by ParishSite Specific MattersParish / Community / Neighbourhood Plan