Introduction
Policy Context
Customers
Competing Views
Workload
Complexity
Policy Content
Policy at Central Government Level
Policy at Local Level
Policy Development through the European Union
Sustainable Development
Main Influences
The strategic direction of NELC
Relationship with the Community
The Political Process
Performance Indicators
Perception of the Service
Reconciliation of the Service
Introduction
National laws set down the circumstances in which permission is needed to undertake 'development'. Development does not just mean creating new buildings but includes alterations to existing buildings and roads and changing the use made of land and buildings. In some minor cases planning permission is not needed, but in the majority of cases it is. The procedures which need to be undertaken are laid down nationally. The Development Control Service, managed by local authorities in conjunction with central government, is responsible for dealing with most instances where planning permission is needed.
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The Development Control Service helps people to understand whether or not they need planning permission in the first place. The Service provides advice on how to make an application. It informs others who might have an interest in the proposed development and it seeks comments to add into the decision-making process. The Service also has to take into account national, regional and local laws and policies which plan the future use of land and its development. When all of this information is brought together the Development Control Officers make recommendations on the planning applications. Most applications are decided by the Head of Service though powers delegated by Council. All other applications are taken to the Planning Committee for decision.
If a planning application is refused the applicant can appeal to the Planning Inspectorate for a review of the decision. The Council will be require to provide evidence to back up its decision. There is no right of appeal against the granting of planning permission other than a challenge through Judicial Review.
The granting of planning permission is usually given subject to a number of conditions being fulfilled, for example about the landscaping of a new building. The Development Control Service is responsible for following these up and for making sure that the terms of the permission are adhered to. The Service has an enforcement role, to ensure that these conditions are met, and also to check that no one is undertaking development without the benefit of planning permission.
Customers: the Development Control Service has a very broad customer base. Just one application can draw in developers, property owners, neighbours, ward councillors, parish councils, local community groups, specialists, local and national pressure groups, different services from within NELC and other organisations such as the Environment Agency, English Nature and the Farming and Rural Conservation Agency. Those working within the Development Control Service have to play a role as advisors, researchers, negotiators and enforcers, and have to develop the necessary methods of communicating a complicated process to each set of customers.
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Competing views: the Development Control Service is constantly trying to balance all of the competing issues it has to deal with to arrive at a decision which is 'in the public interest'. Each application will result in 'winners' and 'losers', with the inevitable problems that this brings. Losers may see the system as unfair.
Workload: the Development Control system is a complicated one and each application requires a significant amount of work. The Service has no control over the number of applications it deals with at any one time and so there are peaks and troughs in the workload. For some applicants the system can seem slow and cumbersome.
Complexity: the range of types of developments which the Service deals with is vast - from small house extensions to the creation of new industrial complexes. The number of issues which the Service can affect is correspondingly wide, and includes job creation, design, accessibility, transportation, recreation, nature conservation and pollution. This means that the Development Control Service is a vital part of the Council's mechanisms for implementing change to improve the quality of life for all.
Policy Context
The Development Control Service delivers part of a national Town and Country Planning system. It is designed to regulate the use and development of land in the public interest. It is an important instrument for protecting and enhancing the economic and physical environment, whilst making adequate provision for sustainable development.
The Development Control Service operates within a complex legal, policy and procedural and political framework. The main players in setting this framework are central government and local authorities. The European Union too is becoming involved in planning and environmental matters and, following the Rio Earth Summit, the implementation of Agenda 21 and sustainable development through Development Control is of growing importance Each of these broad areas is outlined below.
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Policy at the Central Government level.
The Town and Country Planning System has evolved over many years and is constantly being adjusted to take into account the changing nature of development. The basic laws governing the planning process are:
• The Town and Country Planning Act 1990
• The Planning (Listed Building and Conservation Areas) Act 1990.
• The Planning (Hazardous Substances) Act 1990.
These are backed up by many other laws and circulars which expand and develop them and which determine the procedures to be carried out in the Development Control process.
Policy advice from Central Government to local authorities is given in the form of 'Guidance Notes'. These cover specific issues such as mineral planning, transport, noise and housing. Advice is also offered at a regional level, to ensure that neighbouring council's have broadly consistent policies which will benefit the region. 'Good Practice' guides complete the range of guidance (nearly 60 in total). As government policy changes it is reflected in the planning policy guidance. Local Authorities are expected to adhere to all of this advice in preparing Structure and Local Plans and in making decisions on individual planning applications.
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Policy at the local level
NELC is the 'planning authority' for its area. It is responsible for operating the Development Control system and for preparing 'development plans' which are the main planning policy documents at a local level.
The Humberside Structure Plan remains in force until replaced by a 'Structure Plan' developed jointly with North Lincolnshire Council, which will set out the broad land use and transportation policy framework for the long-term future of the area. A 'Local Plan' develops this strategic framework to provide detailed policies and land use allocations for the whole of North East Lincolnshire. The North East Lincolnshire Local Plan was formally adopted in November 2003. These will be the Council's statutory planning documents and planning applications will generally be determined in accordance with these two Plans.
The Local Plan will be replaced under the Government's changes to the new Planning and Compulsory Purchase Act 2004 with a Local Development Framework (LDF)
In addition to the development plans NELC can produce policy statements for individual sites or issues. Examples might be a 'development brief' for a derelict area in need of restoration, a design brief for security shutters, or a policy statement for part of the Area Of Outstanding Natural Beauty. These would need to be taken into consideration in deciding on planning applications.
NELC has adopted a Mission Statement and Guiding Principles and its main political priorities are work, learning, sustainable environment and care for the vulnerable. In addition it has made a commitment to strive to achieve sustainable development. The Council has also been active in undertaking strategic reviews of key areas and many of these will have future implications for the Development Control Service. These include Inward investment, Transport and Accessibility, Anti-Poverty, Attracting Visitors and Archaeology. Development Control has an important role to play in ensuring that the objectives and actions resulting from these strategies can be achieved.
The Development Control Service is also increasingly affected by the strategic policies of other organisations. These include those being developed by statutory consultees and one example is the Local Environment Agency Plans (LEAPS) from the Environment Agency.
The influence of consultees can help to shape future policy. An example is the consultation which NELC has with the Humberside Police Architectural Liaison Officer regarding new developments, which enables NELC to take into account best practice on crime prevention design issues. There are also internal consultees who have an important role to play, an example being the Council's Highways, Engineering, Architecture and Quantity Surveying Service.
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Policy Development Through the European Union
The earliest impact of the European Union on the planning process was the need to submit an 'Environmental Impact Assessment' with certain categories of planning application.
Since then European Union interest and involvement in planning has increased. The union has promoted the concept of 'spatial' planning - this means regarding planning as a process which needs to encompass economic, environmental and social issues together. Key reports have investigated patterns of development across the Union and identified a number of 'mega-regions', e.g. the Northern Seaboard, based on common interest or problems.
Informal discussions between Ministers in Member States responsible for spatial planning have taken place with a view to developing a 'European Spatial Development Perspective' (ESDP) which will form a framework for planning and development strategies. The ESDP is expected to be finalised early in 1998.
In addition the 'Interreg 2C' programme is a Union initiative offering small scale financial assistance for cross border co-operation on spatial planning matters.
Sustainable Development
The Rio Earth Summit in 1992 committed over 170 nations to work on a global action programme for sustainable development (Agenda 21). Sustainable development means the prudent use of resources to ensure that the developments undertaken today do not jeopardise the quality of life of future generations. The UK Government has stressed the importance of the planning process in enabling the achievement of the sustainable development action programme.
NELC has committed itself to strive to achieve sustainable development and is actively working on ways to achieve this. The Development Control process, through its detailed examination of planning applications, will play a key role in delivering sustainable development at the local level.
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Main Influences
The influence exerted over the Development Control Process through legal duties, nationally determined planning policy guidance and procedures is substantial and is common to all planning authorities. They form the basic framework for the delivery of the Service. However, there are other influences which need to be taken into account, many of which are specific to local circumstances.
Development Control is the practical application of the Development Plans (Structure and Local Plans) prepared for the area. Whilst the Development Plans are drawn up locally having regard to statutory requirements and national guidance, they can and should reflect local priorities and aspirations. The preparation of Development Plans is outside the scope of this Strategy but once prepared they are highly influential on the Development Control process.
The strategic direction of NELC: Section 3.9 above sets out the strategic direction of the Council. The Development Control Service needs to take this into account and to make the best possible use of its systems, contacts and influences to ensure its delivery. Many of the changes proposed in implementing strategies will require an input from the Development Control Service and there is new strategic work commencing which will also need this support. One example is the role which the Development Control Service has started to play in community safety issues, and there is clearly further potential for this type of input.
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The relationship with the community: NELC is active in its encouragement of involving the wider community in the delivery and monitoring of its services. The Council's draft 'Community Plan' sets down the framework for how this is going to work. The commitment to community planning demands that the Development Control Service seeks opportunities for the community to be an influence in developing and monitoring service standards and service outcomes. The wide customer base that Development Control has means that it can reach many different groups, and the systems involved in processing planning applications allow for structured consultation. Many national and local pressure groups are now informing their members of ways in which they can make their voices heard on development matters.
The political process: The Development Control process affords considerable opportunities for local political input to be made. Applicants and consultees may seek the advice and support of Ward Members, and Members other than those on the Planning Committee may also get involved in complex or contentious applications. There are occasions when service aspirations, for example Economic Development, Housing and Leisure, will be a powerful political influence in the Development Control process, within the constraints imposed by statute and planning guidance. These influences all contribute towards the final decision. There is scope to utilise these opportunities in a positive way.
Performance Indicators: The Development Control Service is required to report certain aspects of its performance to the Audit Commission and the Office of the Deputy Prime Minister. National performance indicators are set for these aspects and league tables are produced. The indicators dictate to a large extent how performance is judged in total, but they only look at part of the whole picture. For example, the speed with which planning applications is handled is recorded, with pressure to meet specified deadlines, but some applications benefit from taking the time to negotiate with developers to improve the quality of the final scheme.
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Perception of the Service: The Development Control Service can be seen as a negative process because of the controlling nature of the work involved. Its technical base means that it can be difficult for others to understand what is going on. Its legal background also sets it apart from other services. One of the challenges for the Service is to become a more 'inclusive' Service, for example by becoming more closely integrated with services which deliver economic development, housing and leisure. It also needs to make itself more 'approachable' to other customers and to emphasise the positive out comes of helping to deliver the Councils policies such as protecting open space and playing fields, delivering quality new development and negotiating for affordable housing.
Reconciling conflict: The Service has the unenviable task of trying to balance all the aspects of the emotive subject of development. The expectations which different customer groups have can be conflicting, and inevitably the Development Control process will have winners and losers. The reconciliatory role of the Development Control Service inevitably will never be wholly satisfactory to all parties.
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