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Agenda and draft minutes

Venue: Rooms 18.06 & 18.07 18th Floor, 64 Victoria Street, London, SW1E 6QP.

Contact: Georgina Wills, Committee and Governance Officer  Email:  gwills@westminster.gov.uk; Tel: 07870 548348

Media

Items
No. Item

1.

MEMBERSHIP

To report any changes to the membership.

Minutes:

1.1       There were no changes to the Membership.

2.

DECLARATIONS OF INTEREST

To receive and record declarations of interest.

Minutes:

2.1       There were no declarations of Interest.

 

3.

MINUTES pdf icon PDF 254 KB

To sign the minutes of the last meeting as a correct record of proceedings.

Minutes:

3.1       That the Minutes of the Planning and City Development Committee meeting      held on 27 July 2021 be approved.

 

3.2       Matters Arising from the Minutes

 

3.2.1   Minutes. 3.3.1 Minutes 5 Draft Early Community Engagement Guidance

 

            Members were informed that Planning Aid for London had been approached      to explore how they might be able to act as a ‘Community Champion’ support     residents, Amenity Societies, and Neighbourhood Forums during the planning          consultation process. The role they would perform would be to ensure that          these interested parties engage effectively and positively to consultation at    pre-application and application stage. There are various models being             considered, and this is to ensure that adequate support is provided that is             proportionate to different scales of development and that is appropriate to          meet the needs of all parties. Planning Aid for London currently provides free            support for people in London who cannot afford professional support to assist           them in interacting with the town planning and development processes. The             ‘Community Champion’ role being explored with them would be separate and   in addition to their existing charitable work. The provision of a ‘Community      Champion’ would be funded by external parties.

 

3.2.2    Minutes 4.2 City Plan and Planning Policy Update

 

            Members were advised that the Planning Policy Team were reviewing Supplementary Planning Documents (SPDs) which had now become           redundant under the new framework for determining planning applications.             There are over 20 SPDs that are no longer ‘fit for purpose’ and officers are             working to ensure that the new SPDs would fill any gaps and meet the             requirements of the New City Plan. A Cabinet Member Report is to be        submitted to the Cabinet Member to set out the intended action to be taken to               withdraw and, where appropriate, replace outdated SPDs. The Environmental             Supplemental Planning Documents has been out for consultation and is being   finalised. Officers advised that usage of permeable materials would be           included in the Environment Supplementary Planning Document

 

3.2.3    Minutes 6.3 Review of Planning Applications Sub-Committee Formats / Civico

 

            Members were informed that it was proposed for all hybrid meetings to be             broadcasted via CIVICO and that there was ongoing testing to ensure that the             Software is fully functional and compatible with the Council’s corporate IT           systems. Members were advised that Microsoft (MS) Teams would continue           to be used to broadcast meetings during the interim.

4.

Update on Temporary Covid-19 Related Legislation & Regulations pdf icon PDF 696 KB

Minutes:

4.1       The Committee received a report which provided an update on the temporary             changes to planning legislation that have been introduced since the beginning of the Coronavirus pandemic in March 2020. Where the temporary legislation or regulations have been extended or replaced by a permanent alternative the       report considers the impacts this may have on the operation of the planning             service and for future planning decisions in Westminster.

 

4.2       Members were informed that changes were made by Government through secondary legislation to certain aspects of the planning system in the period   following the beginning of the first Coronavirus lockdown in March 2020.             Some of these changes were temporary (seeking to assist business as usual            activities during the pandemic and the recovery in the immediate aftermath),             whilst others were permanent, seeking to support the longer-term recovery,      address the decline in traditional high street retailing that began before the        pandemic, but was accelerated by it, and promote the delivery of more    housing.

 

4.3       Members held a discussion and noted the following: -

 

  • The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 enabled local authorities to hold virtual planning committee meetings up to 7 May 2021. The provision was used by the Council from April 2020 onwards to ensure continuity of decision making on large and high-profile applications. The provision ended after the 6 May 2021 and there was a seamless transition to hybrid committees from May 2021. Virtual and hybrid meetings have resulted in growth in the number of people observing and taking part in committee meetings.

 

  • The Committee noted that Members were required to be physically present at hybrid meetings to make legal binding decisions and agreed that this should be reviewed. Members commented on the benefits of attending meetings in person and being able to join them remotely.

 

  • Members agreed that it was preferred for Officers to attend the Hybrid Planning Applications Sub-Committee in person when contentious Applications were to be considered by the Sub-Committees.

 

  • That a considerable percentage of speakers at the Hybrid Planning Applications Sub-Committees preferred to attend these meetings in person at City Hall instead of joining them remotely.

 

  • The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020 allowed restaurants and cafes and drinking establishments to provide takeaway food without the need for planning permission for a temporary period of 12 months. The provision has been extended to March 2022. Members commented that a considerable number of premises may have been using this provision without notifying the Council and agreed that this area should be closely monitored, and that mechanisms should be put in place to ensure that premises revert to their previous use after March 2022. The Committee noted that several Members had undertaken casework regarding public nuisances from premises that had introduced or expanded their takeaway offer during the pandemic.

 

5.

Updated Draft Early Community Engagement Guidance pdf icon PDF 434 KB

Additional documents:

Minutes:

 5.1      The Committee received a report which provided an update on the Draft Early Community Engagement Guidance. The initial version of the draft Early Community Engagement guidance was published for consultation in spring    2021 and reported to the PCD Committee in March 2021. All respondents welcomed the principle of introducing guidance that provides greater clarity           regarding the expectations for early community engagement on emerging      development proposals. Those who engaged with the Council on the initial   version of the guidance were notified of the updated version of the draft      guidance at the beginning of October and additional comments were sought by 5November. The intention is to publish the finalised guidance by the end of November 2021 following review of comments in response to the second consultation period.

 

5.2           The first engagement phase enabled the approach set out in the initially published guidance to be developed and finessed so that it is better aligned with the expectations of communities, whilst providing sufficient flexibility to allow developers and applicants to design their engagement strategies to meet the needs of each development they bring forward. There were several themes which arose from the consultation these include: -

 

  • The role of neighbourhood forums should be better explained and the need for development to accord with neighbourhood plans should be better articulated.

 

  • The need to deliver development that complies with the development plan should be more clearly explained.

 

  • Developers should speak to community groups in advance to establish how they can best be engaged with.

 

  • The scales of development within the scope of the guidance should be expanded to include non-major development. Many respondents noted that non-major development can often have greater impacts on neighbouring communities.

 

5.3       Following initial consultation amendments were made to the Guidance. These include an expectation that developers who frequently undertake development in Westminster should adopt their own engagement charter and/or set of principles, better         recognition of the role of Neighbourhood Forums and Plans, systems to       encourage community groups to engage with officers, the introduction of  the concept of a ‘Community Champion’ and extension of the  scope of the guidance to include impactful non-major development. Case studies have also been added to provide worked examples.

 

5.4       Members held a discussion and noted the following: -

 

  • That a number of pilot studies would start in 2022 and would operate over the first year following publication of the guidance. The case studies will be used to test the principles and processes set out in the guidance. There has been a positive response from the planning and development community about the proposed guidance. Members were advised that consultation on the guidance had already successfully promoted the benefits of early engagement in the planning pre-application process within the developer community.

 

  • That the Early Community Engagement Guidance was would not be a compulsory document, but instead offered detailed advice on how to deliver best practice engagement. Members noted that not all interested parties would adhere to the guidance, but that the engagement that developers have undertaken  ...  view the full minutes text for item 5.

6.

Article 4 Directions in Westminster pdf icon PDF 438 KB

Minutes:

6.1       The Committee received a report which provided an overview of recent          changes to permitted development rights (PDR) and the council’s Article 4        Directions restricting certain permitted development rights.

 

6.2       The national planning practice guidance defines permitted development rights            as ‘a national grant of planning permission which allow certain building works             and changes of use to be carried out without having to make a planning          application. These are often highly specific and limited to a few issues. PDR             mean that full planning permission is not required, instead relies on a   slimmed-down “prior approval” process, with a more limited range of           considerations – e.g. flood risk, transport impacts, land contamination, etc.             Expansion of PDR in 2021 incorporates changes to the Use Classes Order in            2020 – numerous different commercial uses subsumed into overarching          “commercial, business and service use” or “Class E”. Class E incorporates a             much wider range of uses including offices, shops, cafes and restaurants,             indoor sports facilities, medical services and nurseries. Permitted        development rights are subject to conditions and limitations to control impacts           and to protect local amenity.

 

6.3       Members held a discussion and noted the following: -

 

  • Members welcomed that High Streets would be protected, and that their offerings would be expanded.

 

  • Members were informed that Article 4 did not provide any provisions regarding vacant buildings and that compulsory purchase orders could only be used to deal with longstanding empty properties where the site is untidy and caused nuisances. Officers advised that a Council Investment Service was to be introduced and part of their remit would be finding premises for potential investors, and this would include vacant buildings. Members agreed that the Economy Team should liaise with Ward Councillors about long-standing vacant properties.

 

  • Members were advised that there were no current data on the number of retail units which had converted to financial and professional services units. The Committee were reminded that these uses were within Class E and that developers were not required to notify of these changes. Officers advised that other data sources such as Business Rates would be reviewed to monitor these changes  

 

 

RESOLVED:

 

Members noted the contents of the report

 

7.

Update on Neighbourhood Planning in Westminster pdf icon PDF 684 KB

Minutes:

7.1       The Committee received a report which provided overview of recent   neighbourhood planning activity in Westminster. Westminster has the most          designated neighbourhood areas of any London Borough (21), the highest             number of designated neighbourhood forums (15) and London’s only           Community Council (Queen’s Park), which has neighbourhood planning         powers.

 

7.2       Neighbourhood planning was established via the 2011 Localism Act and           allows local communities to devise local planning policies that then form part of the statutory development plan for that area. These are subject to public             consultation and scrutiny via an independent examination process to determine whether the plan meets the ‘Basic Conditions’ (which include             conformity with City Plan and London Plan policies) and other legislative             requirements. Neighbourhood plans are then subject to local referendum as a            final step ensuring support from their local community to adopt the plan. The            council has a duty to support neighbourhood planning and officers offer     advice and guidance to neighbourhood forums as well as undertaking the      statutory processes involved in plan-making.

 

7.3       Members held discussion and noted that Neighbourhood Plans

 

        Give communities direct powers to shape the development and growth of their area

        Can influence where new homes, offices, shops, etc. are built

        Can influence design of new development

        Should support the delivery of strategic policies set out in the City Plan and London Plan and should shape and direct development that is outside of those strategic policies

        Should contain policies for the development and use of land

        Once adopted, neighbourhood plans become part of the council’s statutory development plan. This means they have equal weight with the City Plan and London Plan in decision-making.

        On adoption, the percentage of Community Infrastructure Levy (CIL) allocated to the neighbourhood from new developments increases to 25% (from 15%).

 

 

7.4       Members held further discussion and noted the following: -

 

  • Members noted that there were several Neighbourhood Forums who were at different stages with preparing their Plan and requested for a timeframe to be provided about when these would be formally adopted.

 

  • Members welcomed that officers support were provided to Forums and agreed that the Planning Policy Team should be pro-active about promoting the service that are available to Forums in relation to Neighbourhood Plans.

 

  • That Neighbourhood Plans life span should ideally reflect the City Plan and London Plan.  Members were advised that Neighbourhood Plans could be reviewed periodically and would be affected by any changes to the National Planning Policy. There is provision which enable minor modifications to be made to Plans without the need to undergo a full examination or a referendum. 

 

Members thanked Officers for their work.

 

RESOLVED:

 

1       Members noted the contents of the report

 

2       That a timeframe be provided of when new Neighbourhood Forums Plans are to be adopted.

 

 

8.

ANY OTHER BUSINESS WHICH THE CHAIRMAN CONSIDERS URGENT

Minutes:

 8.1      Members were requested to forward Agenda Items for future Committee.

 

8.2       Members agreed that a report on Enforcement should be brought to their next             Committee and should include information about performance and the    adoption of a Local Enforcement Plan.

 

8.3       That Members be provided a report which provided further update about            Planning Reforms and their adoptions at their next Meeting. 

 

8.4       Members noted that they received an annual update regarding planning      appeals and that the weekly list which details appeals would be updated.

 

8.5       The Committee noted that a training programme would need to be devised for      new Members following the Local Elections in May 2022. 

 

9.

DATE OF NEXT MEETING

TBC

Minutes:

·       30 March 2022