Seems I could become one of the last planning committee chairman under this government’s plans

Housing bill amendments branded ‘privatisation of planning’
5 JANUARY, 2016 BY DAVID PAINE

Copied from Local Government Chronicle online
Concerns have been raised that the government is privatising the planning service after it tabled a number of major last-minute changes to the Housing and Planning Bill.

Amendments put forward by the government this morning include plans to let developers choose who processes planning applications.

Also planned are changes to let local authorities set their own planning fees, a new section 106 dispute resolution process, and giving ministers the power to force councils to sell off land.

MPs are due to debate the bill, and 100 pages of proposed amendments, in the House of Commons this afternoon.

New clauses proposed by communities secretary Greg Clark will allow planning applications to be processed by an approved “designated person” if an applicant “so chooses”. While local authorities will still be responsible for the final decision on any planning application, regulations will in due course outline the circumstances under which an external recommendation by a “designated person” will be “binding” on a local authority.
Hugh Ellis, head of policy at the Town & Country Planning Association, called the amendments “extremely controversial”.

“It raises the prospect whereby the advice of a private consultant on a planning application could be more or less binding on a planning committee,” Mr Ellis told LGC. “You don’t have to be a rocket scientist to work out that what’s happening here is a fundamental assault on the public interest objectives of planning.”

A part of the amendments will force local planning authorities to share relevant information, such as the planning history of the land to which an application relates, with the designated person as well as the communities secretary.

Mr Ellis called the amendments “very worrying” and added: “People have talked about the privatisation of planning services and I think that’s probably what this is.”

He added: “I do wonder if people, particularly local councillors, who haven’t got their heads stuck in the Housing and Planning Bill will wake up to a particularly nasty shock over what this legislation has resulted in overall.”

Another government-proposed amendment will let councils locally set planning fees. The District Councils Network has repeatedly called for that, and in a briefing document on the latest amendments the Local Government Association voiced its support.

However, the proposed wording of the legislation gives the communities secretary the power to “prevent the charging of fees that he or she considers excessive”.

Plans to amend the Local Government, Planning and Land Act 1980 and give the communities secretary the power to direct councils, and other public authorities, to dispose of the land they hold were condemned by the LGA.

“Councils are best able to manage locally their assets to meet the needs of communities and are on track to bring forward significant levels of development on their land up to 2020,” it said. “Local authorities should retain the flexibility to manage their own assets.”

Another proposed new clause would give the communities secretary the power to impose “restrictions or conditions on the enforceability” of how many affordable homes, including ‘starter homes’, local authorities want built on a site.

The LGA said that should be for councils to “determine locally”.

The LGA also expressed concern over government plans to introduce a new dispute resolution procedure in relation to section 106 negotiations. The amendments will allow for an appointed individual to oversee disputes.

“Strengthening requirements for the upfront negotiation of S106 agreements would be a more effective means of avoiding delays than offering an alternative route for resolution,” the LGA said.

Is localism preventing the development of new homes?

Copied from housing network website article by Hannah Fearn
Friday 1 August 2014 10.33 BST

They are both government priorities, but involving communities in planning decisions appears incompatible with housebuilding

Redbridge Council has taken planning decisions out of the hands of elected councillors.

It was the big idea of the coalition government, a cornerstone of localism, a foolproof way of getting things done without scaring off the traditionalists in the Conservative heartland. But after just three years, is neighbourhood planning already dead?

There are few signs of life left in the policy. Nick Boles sounded the first notes of funeral dirge when he admitted that the scheme, which involves local people designing and signing off new housing schemes, was too complex to function. He found that multiple objections from local people actually holds up the development process (who’d have thought it?). Instead he called on councils to who had already given up and come up with a better idea to share their it with other authorities.

The Financial Times reported this week that Kate Barker, who conducted a review of housebuilding for the Labour government in 2004, does not blame government policy for the slow rate of development in recent years. Instead, she says, it’s partly the result of nimbyism.

The turning of the tide against localism in planning goes even further: now even councillors can’t be trusted to make the right decisions. In Redbridge, the council has ruled that all future decisions on planning applications will be made by staff in the planning department because they have the skills and training to ensure they are qualified to make the right decisions; elected members simply do not. Redbridge also claims the move will save £45,000 a year.

Council leader Jas Athwal told his local newspaper that councillors added nothing to the planning process. “These planning officers have a huge amount of education and it seems egotistic that councillors can overrule them,” he said.

Meanwhile, central government is meddling again: it’s offering a slice of a £3m funding pot to councils with the largest number of planning applications for new homes in the pipeline, to speed things up and get those homes built. It’s a reward, but it’s also another opportunity to bypass the planning process that this government put in place.

This is not the first example of government finding new ways to get out of its own promises. Plans to create a new generation of garden cities mean the establishment of development corporations or sub-regional planning bodies which will be tasked with getting these new settlements built; there will be little room for debate once the decision to create a new town has been agreed upon.

In fact, writing for Planning magazine, former Whitehall advisor and planning consultant Ben Kochan says that the best way to win approval for a new garden city is to involve a whole host of organisations which are about as far removed from the neighbourhood planning process as you can get – not just urban development corporations, but also local enterprise partnerships, which give the business community funding and powers to boost economic growth.

It’s somewhat inevitable that in focusing on the end result – seeing more homes built in areas where there is an urgent need – will mean taking difficult decisions that not everyone in the community welcomes. Removing these decisions from the responsibility of local councillors (or simply by circumventing the planning process) will either be seen as a wise attempt to force progress or a cynical attempt to avoid blame for unpopular developments.

Whether you’re in favour of neighbourhood planning or not, it is being quietly removed from the pre-development process in the run-up to the 2015 election. This might be a good thing for housing in terms of numbers, but it’s also a blow to the heart of democratic localism.

Personally, I don’t agree with Redbridge, if they have indeed completely killed of their committee, as officers don’t always give the right weight to the concerns of non-planning experts. Local people are ‘experts’ when it comes to local concerns and local knowledge and you ignore this at your peril.

I do however agree that the system is becoming too vague, the government’s approach far too developer friendly and the overall process too open to abuse by vested interests, to remain as it is.
Telling councillors that they can still make the decisions, even if they’ve campaigned against it. Also suggesting that being pre-disposed to an opinion, is not the same as pre-determination, is complete nonsense and falls apart as defence, as soon as the high court gets involved.

Perhaps planning is now too important to be left to councillors?

Copied from local Government Chronicle online
Fenland urged to end planning ‘perception of undue influence’
22 May, 2014 | By Mark Smulian

A district is to overhaul its planning service after being told it needs to end perceptions of bias by councillors.

Fenland DC’s new leader John Clark (Con) said the service would be revamped following a peer review report’s recommendations.

The district is a rapidly growing area with 11,000 new homes due by 2034, but has struggled to handle planning applications.

This included a controversy in 2012 when then leader Alan Melton (Con) sacked the entire planning committee after it rejected officers’ advice and gave both Tesco and Sainsbury’s planning permission for stores on adjacent sites.

All committee members have since had to undertake training from the government’s Planning Advisory Service.

The peer review, which was undertaken by the Planning Advisory Service and the LGA was published last week.

It said: “We were told by a number of [stakeholders] that there existed a perception of undue influence over application decision making.

“A phrase that captures the concerns of some is that on at least some occasions some councillors acted as the planning agent’s spokesman.”

No evidence of corruption was offered but “even the perception of inappropriate influence undermines the objectivity and integrity of the planning decision making process”.

Separation of the “political versus operational is important to councillors, managers, staff and users and stakeholders of the planning service”, they noted. The report said the high number of successful appeals against Fenland was “an indicator of some weak decision making at planning committee”.

Reviewers were startled to find that monthly planning committee meetings took up to seven hours to deal with an average of 12 applications, including “a tea break while the public look on”. They recommended smaller applications should be handled by officers.

Cllr Clark said: “We know there are areas we need to improve. We are pleased that they have recognised some of the good work we have done and are now looking to put their recommendations into practice as speedily as possible.”

Localism was always a con game

20140327-180522.jpg

Localism was nothing more than a sound bite, created for the benefit of the media. It was also designed to con an increasingly unhappy and non-voting public, in to thinking that things were going to change for the better, when it came to local decision making.

There can be little doubt that the public have now realised that they’ve been conned, but worryingly, they don’t actually seem to care that much. Using local elections, as a way of sending a message to the government of the day, is something of a tradition in this country and may well indicate the true feelings of the majority of people when it come to local government in general and their local councils in particular.

Perhaps it’s time for political parties to bow out of any further involvement in local government. Why not require all councils to run elections without any party political logos or emblems on the ballot papers, as in the case of parish councils?

Once elected, councillors would be required to form alliances in order to form an administration. Without party politics in the mix, the public would be required to focus on the performance of the people in charge and not the political party they belong to. This isn’t a plea for proportional representation by the way, as I don’t support that, given it’s continued linkage with Party based politics.

Those who chose to form alliances and work together,min order to get each other elected and subsequently form an administration, would still be elected on their own merit and the reputation they had gained with the local electorate, not just the fact that they belonged to a particular political party, that a particular element of the electorate supports come what may. It may be something of an exaggeration, but it is suggested that some dyed in the wool voters, would vote for a gate post as long as it had their Party’s emblem on it!

An added bonus from such a system, would be the dismantling of the political party associations. These tend to be made up of those who have to be in them by default, because they are standing for election under that particular party emblem. This requirement gives some prospective parliamentary candidates a standing workforce (in theory at least), that other, non-party political candidates, don’t enjoy. Breaking the link between MPs and local government, would probably be good for the democratic process in more way than we can imagine!

Now to the point of this post and an LGC comment that partially echoes a previous posting of mine.

Copied from Local Government Chronicle online

Why Labour should not support council tax referendums
Don’t sacrifice localism on the altar of spending restraint
20 March 2014 | By Nick Golding

So who doesn’t expect Ukip to be the big winner of the local government elections, which are being held on the same day as their European counterparts?

One of the main reasons that a party set up to oppose the European Union will win seats on numerous councils is that the electorate is indifferent to voting for candidates representing regular parties who may have local policies but lack the ability to implement them.

Central government imposes cuts on councils without regard to local need and councillors have seen their powers over issues such as planning and education whittled away to the point of impotence. With representative democracy looking this unhealthy, one can understand someone’s rationale for using the local elections to make a bold statement about an issue largely unrelated to local politics or indeed not voting at all.

So the question arises of how local democracy can be reinvigorated. It is clearly an issue shadow communities secretary Hilary Benn has given much contemplation.

In his LGC interview this week, Mr Benn proposes the extension of city deals to counties, ensuring power is devolved in more places, making it more worthwhile to vote in them. The same is true of his promise that councils will get a significant role in commissioning back-to-work schemes.

However, Mr Benn says Labour is likely to retain council tax referendums, forcing locally elected politicians to navigate a prohibitively expensive and risky hurdle if they seek to safeguard services by raising bills above an arbitrary limit imposed from afar by a minister. To date no council has successfully pursued this path.

Mr Benn says the impetus to keep bills low brought about by the referendum policy will help people suffering due to the “cost of living crisis”. While it is true that council tax bills cost people dear, so too do service cuts that have had their worst impact on society’s most vulnerable. And so do opportunities to drive growth that are missed because councils lack the resources to lead on projects to create jobs.

Eric Pickles regards the council tax referendum as a device to secure democracy. Well, if that is true, will the government commit to holding polls every time a decision is required on the expenditure it controls? More likely, ministers will argue their government is the democratic representative of the people, entrusted to make tough decisions on their behalf. The same argument applies to local government.

Councillors should take decisions on local public expenditure, facing grief at the ballot box if they prove unpopular. Referendums only muddy the waters of local democracy, introducing a semblance of people power which hinders representative democracy. The fact that they are only applicable to a minute portion of public expenditure – one of the few slithers of spending not centrally controlled – makes them a democratic illusion.

The council tax referendum is a bellwether issue when it comes to local democracy. In this case Labour has sacrificed localism on the altar of spending restraint.

Nick Golding, editor, LGC

NPPF additions, it’s becoming more and more like ‘guided’ planning

Following in the footsteps of the bovver booted Eric Pickles approach to Localism – called ‘guided Localism’, we are now seeing more and more ‘guided’ planning.

20140315-115458.jpg

Despite their claims that this government had swept away thousands of pages of planning guidance and regulation and replace it with a 52 page, clear and succinct document called the National Planning Policy Framework, we continue to see more and more detailed additional guidance being added to fill the huge holes in the planning system, created by the NPPF.

As an aside, the NPPF was never, ever only 52 pages, end of story. As soon as it was published, I went through it, checking for how many other documents were referred to in the numerous footnotes, detailed in the small print at the bottom of nearly every page. I stopped when I got to 1800 pages plus, as my suspicions had been confirmed. Admittedly, some of these footnotes have themselves been superceded, but the fact remains, that the NPPF was a con job.

This extract from the latest addition to the NPPF +, is tantalising to say the least, given the poor quality of the new housing currently being built. The full document can be viewed by following this link.

http://planningguidance.planningportal.gov.uk/blog/guidance/

Housing design issues
Well-designed housing should be functional, attractive and sustainable. It should also be adaptable to the changing needs of its occupants.

In well-designed places affordable housing is not distinguishable from private housing by its design, nor is it banished to the least attractive part of the site.

Consideration should be given to the servicing of dwellings such as the storage of bins and bikes, access to meter boxes, space for drying clothes or places for deliveries. Such items should be carefully considered and well designed to ensure they are discreet and can be easily used in a safe way.

Unsightly bins can damage the visual amenity of an area. Carefully planned bin storage is, therefore, particularly important. Local authorities should ensure that each dwelling is carefully planned to ensure there is enough discretely designed and accessible storage space for all the different types of bin used in the local authority area (for example landfill, recycling, food waste).

In terms of parking, there are many different approaches that can support successful outcomes, such as on-street parking, in-curtilage parking and basement parking. Natural surveillance of parked cars is an important consideration. Car parking and service areas should be considered in context to ensure the most successful outcome can be delivered in each case.

We don’t need a tilt, we need an earthquake

Balance of power tilts back towards councils, by Richard Garlick
14 March 2014 by Richard Garlick

20140315-011903.jpg

The planning minister struck a slightly penitent note when he was explaining his finalised planning practice guidance to the Daily Telegraph last week.

Nick Boles said that additions were being made to planning guidance in some areas where the National Planning Policy Framework (NPPF) was “not working as it should”.

The message to the Telegraph readers was clear: we are listening to your concerns about an NPPF-enabled development free-for-all, and we are taking steps to bring it under control.

It was the latest step ministers have taken to insulate the government from such criticisms. Only a few days earlier, Boles had written to complain about an inspector who had told Reigate & Banstead Borough Council to release green belt land, saying the latter “had invited misinterpretation of government policy”.

He can fairly argue that the finalised guidance will in some ways bolster local planning authorities’ control of development. But it would be an oversimplification to suggest that ministers are reaching for the reverse gear on their planning liberalisation.

Boles can argue that the guidance will bolster local controls on development
Alongside the guidance, Boles confirmed changes that will mean that in most places planning permission is no longer needed to convert shops outside key shopping areas, or agricultural buildings with a floor space of up to 450 square metres, into homes.

These are major incursions into local democratic control of development. What’s more, the guidance itself instructs planning authorities to leave no stone unturned in the struggle to make brownfield sites viable and competitive with greenfield alternatives.

Commentators have suggested that this will force councils to accept lower design standards on brownfield sites than elsewhere, as well as relinquishing any claim to deciding the scale of developer contribution necessary to provide the infrastructure needed to support the scheme. Boles may be bolstering councils on some fronts, but he continues to undermine them on others.

That said, the finalised guidance does offer genuine reinforcement for town halls.

No longer is it the government’s position that only “in exceptional circumstances” will applications be dismissed as premature in terms of prejudicing an emerging plan. Guidance now spells out that the duty to cooperate is not a “duty to accept”, and planning authorities are not obliged to meet their neighbours’ unmet needs. Unmet housing need is unlikely to constitute the “very special circumstances” needed to justify development in the green belt, the guidance says.

Not of all these provisions are major changes to the status quo. In some cases, the finalised guidance is confirming an approach that councils have already been arguing for successfully in front of inspectors, or which the secretary of state for communities and local government has been enforcing in call-ins. But, cumulatively, these and other measures in the guidance look likely to, in some sectors at least, slightly tip the balance of power back towards local authorities.

Richard Garlick, editor, Planning richard.garlick@haymarket.com.

Planning and highways spending slashed

Copied from Local Government Chronicle on line
29 August, 2013 | By Ruth Keeling

Planning and highways have seen the largest reductions in spending, according to the latest local government financial data published on Thursday.

Expenditure on planning services fell by 13.2% between 2011-12 and 2012-13 while spending on highways and transport services fell by 9.5% over the same period.

The cut in spending on services linked to growth, a number one priority for the government, contrasts with much smaller cuts in social care spending and increases in spending on housing benefit costs.

The LGA has previously warned that the combination of growing demand for social care services and significant funding cuts would mean spending in other areas, such as planning and highways, would be squeezed harder and harder.

Social care spending fell by just 0.2%. However that masked a different story for children’s social care, where spending increased by 2.8%, and adult social care, where spending fell by 1.4%.

Other areas of increased spending were housing benefit costs, which increased by almost 5%.

Although education spending fell by 7.7%, government statisticians warned that comparisons should not be made over the two years because the reduction was caused by academies leaving local authority control.

While total revenue expenditure fell by 5% between 2011-12 and 2012-13, the reduction was just 0.2% once changes to education responsibilities and funding were removed from the comparison.

The figures also show that councils increased their reserve levels by £1.7bn, not including a £0.9bn addition to the Greater London Authority’s reserves.

However, there were a quarter of councils which did not add to reserves and ended the year with less in the bank.