Agenda and draft minutes

To report any changes to the membership.

1.1       There were no changes to the Membership.

To receive and record declarations of interest.

2.1       Cllr David Boothroyd declared that he was Head of Research and Psephology   for Thorncliffe, whose clients were companies applying for planning permission from various local authorities. No current schemes were in             Westminster; if there were he would be precluded from working on them        under the company’s code of conduct.

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

proceedings.

3.1       That the minutes of the Planning and City Development Committee meeting      held on 25 October 2021 be approved.

3.2       Matters Arising from the Minutes

3.2.1    Minutes 3.2.1 Minutes Draft Early Community Engagement Guidance

Members were advised that the concept for this role/servicefor the Planning Community Champion was currently being finalised and that options for delivery of this service would commence in the forthcoming months.

3.2.2    Minutes 3.2.3 Minutes Review of Planning Applications Sub-Committee Formats / CIVICO

Members were informed that the Council was reviewing its IT infrastructure used for supporting hybrid meetings, and this involved reviewing existing system providers and exploring potential suppliers. Members noted that the current platform (Teams) is adequate and that positive comments had been received from the public regarding their conduct during live broadcasts. Members advised that it was recommended that they be mindful of their movements and noted this affected voice transmissions. Officers advised that these factors will be taken into consideration in the review of system providers.

            Members thanked and congratulated officers for their work on the Early      Community Engagement Guidance and welcomed that the launch event for          the Guide had been successful. Members were advised that there were    pilot schemes being currently undertaken around community engagements.

            Members were informed that the Place Shape and Town Planning Service    were currently working with the New Communities Directorate regarding updating the list of recognised Amenity Societies and Neighbourhood           Forums. A list of these Bodies will be circulated to the Committee

3.2.3    Minutes 4 Update On Temporary Covid-19 Related Legislation & Regulations 

            Members noted the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020 which allowed restaurants    and cafes and drinking establishments to provide takeaway food without the       need for planning permission for a temporary 12 months was to end in   March 2022. Members were advised that the Service had received a small          number of notifications from Premises regarding their use of this Provision.        Members agreed that they receive an update on whether Premises were             returning to their pre-pandemic operating model and if the Statutory      Provision was to be further extended.

4.1       The Committee received a report which provided an update on changes to     national planning policy & planning reform that has occurred following the            government’s Planning White Paper that was published in August 2020. It           also identified the impacts these changes are having in Westminster.

4.2       The government set out plans for extensive and ambitious changes to the             planning system in its ‘Planning for the Future’ White Paper, published in      August 2020. The White Paper received in excess of 40,000 representations           in response to consultation held during the second half of 2020 and the            Department for Levelling Up, Housing and Communities (DLUHC) has been             considering these consultation responses in the period since. To date there       has been no firm commitment from government on when a formal response to      the consultation on the white paper may be expected. Recent press             speculation indicates that that a significant number of the proposals for reform    in the white paper may be dropped or scaled back and that planning reform           may now form part of a wider package of reforms included in a Levelling Up       and Regeneration bill, which is likely to be laid before Parliament later in            2022.

4.3       Principal Changes to Planning Legislation and Guidance Since August 2020      includes: -

·       Amendments to the Use Classes Order & Associated Permitted Development Rights

·       Amended Requirements for Removal of Statues, Monuments and Memorials

·       Introduction of the National Model Design Code Amended National Planning Policy Framework (NPPF)

·       Fire Safety – Introduction of Planning Gateway One

·       Environment Act 2022 – Introducing Biodiversity Net Gain

·       Permitted Development Rights for Moveable Structures ‘Levelling Up the United Kingdom’ White Paper

4.4       Members held a discussion and noted the following: -

·       That there will be consultation on the Design and Heritage SPDs later in 2022/ early 2023.

·       Members welcomed the reduction in the pre-application advice fees for sustainability improvements and were advised that this would encourage householders to use the service. The Service will also shortly be publishing ‘How to Guides’ to support applicants to make more successful applications for sustainability improvements to their homes.

·       That the committee report format was to be amended following changing focus of the National Planning Policy, the adoption of the new City Plan and new London Plan in 2021, and the adoption of the Environmental SPD in March 2022. The updated format will focus greater attention on material considerations such as energy performance and sustainability, biodiversity gain, community engagement and economic benefits, as well as ensuring that the reports identify relevant policies in made neighbourhood plans. The new reports will be introduced from late April 2022 onwards.

·       Members noted that there were new limits on the use of Article 4 Directions which could restrict permitted development rights and that specific evidence of significant harm was required for streets and areas for this protection to be introduced. Officers reminded Members that the Class E Use Class was much wider than previous Use Classes that it replaced and encompassed a wide range of land uses. The Sub-Committee were advised that  ...  view the full minutes text for item 4.

5.1       The Committee considered a report which sets out how consultation       responses on the Environmental Supplementary Planning Document (SPD)        have been used to inform and strengthen the guidance in the final document,       which was adopted on 25th February 2022

5.2       The council announced a Climate Emergency in September 2019 and set the             ambition for it to be net zero carbon by 2030, with the whole city to follow suit           by 2040, 10 years ahead of the Government target of 2050. To help support        these aims and provide more detailed guidance to support the             implementation of environmental policies in the City Plan, the council has         prepared, consulted on, and now adopted, an Environmental SPD. This       brings together guidance on a range of environmental issues including air     quality, green infrastructure, flooding, energy, waste and retrofitting and             sustainable design, and covers local environmental impacts of development         such as light, noise and odour, land contamination and construction impacts.

5.3       The guidance within the SPD supplements the council’s strengthened      planning position in the City Plan to climate resilience, gives more             prominence to the weight of environmental issues, and will help to ensure that             developments deliver a higher proportion of emissions savings at the                development site, in line with net zero ambitions. It also shines a spotlight on the issues that all stakeholders must collectively work together to resolve to             address the climate emergency.

5.4       Members held a discussion and noted the following: -

•           Members welcomed the Amenities Societies and Residents Associations             response and agreed with their views that further steps could be taken to           improve the Council’s environmental and climate performance.

•           Members noted that there was still a financial incentive for developers to   demolish buildings and construct new builds and that there was continual lobbying of Central Government to encourage more developments which             involved ‘retrofitting’ and ‘refurbishments. Members also noted that the balance needed to be sought regarding climate actions goals and other    Council objectives such as increasing housing stocks and the creations of   jobs.

•           Members noted that there was no single formular to determine whether a        build could be classified as a rebuild or a full demolition and that individual buildings would each have different levels of what is salvable during a build.             Officers reminded Members that some large developments within the            Borough had layers of alterations which had been Incorporated over centuries             and that applications would need to be considered on a case-to-case basis             about the degree of their demolition. The reports provided to Planning Sub-      Committees will contain information which would enable Members to     determine this and make well informed decisions.

•           Members agreed that processes in relation to the Environmental SPD should     be streamlined and ‘user friendly’ for all interested parties. Officers advised         that ‘How to Guide’ would be included.

5.5       Members recognised the importance of the Environmental SPD and thanked             Officers for their work on the Documents.

RESOLVED:

That the contents of the report be noted.

6.1       The Committee received a report which provided an overview of the Planning             Enforcement Team’s performance over the past 5 years and provided an       update on the development of a Local Enforcement Plan.

6.2       The Planning Enforcement Team comprises a team of 18 officers with a             Team Leader, x4 Area Planning Officers, x8 Senior Planning Officers, x4          Planning Inspectors and a Planning and Compliance Officer. One of the      Senior Planning Officers is a recently created role, secured from ward budget             funding from the Knightsbridge and Belgravia Ward. The team is largely reactive responding to complaints from members of the public regarding          alleged breaches of planning control. The team investigates all breaches of     planning control across the whole of the borough and is not broken down into             geographical areas in the same way the Development Management Teams    are broken down into North, Central and South areas.

6.3       In terms of performance, the planning enforcement team continues to receive             regular and numerous complaints from residents and Members on behalf of their constituents. During the Covid 19 pandemic and as a direct result of the           lockdowns, there was as expected, a noticeable decrease in the number of        complaints received by the team. In the year 2018/19 (prior to the pandemic), 2675 reports alleging breaches of planning control were received and this        reduced to 1524 in 2019/20. There was a further reduction in the number of        reports received totalling 1169 in the year 2020/21. However, following the             easing of restrictions, the number of reports of alleged breaches of planning             control is rising steadily again and it is anticipated that this will be in the       region of 1800 complaints at year end on 31 March 2022. There is a clear           upward trajectory with complaints being received and it is expected that this      will continue and reach pre-pandemic levels of circa 2500+ annual   complaints.

6.4       Members held a discussion and noted the following regarding the Local Enforcement Plan (LEP):

•           That the LEP will outline how the Planning Enforcement Team (PET) will            monitor implementation of planning permissions and discharge of conditions           particularly pre-commencement conditions.

•           Will provide residents and businesses with clarity on the processes and procedures the PET will follow when investigating breaches of planning control.

•           Will provide assurances that all reported breaches of planning control are        investigated in a proportionate and transparent way.

•           Outline realistic timescales on how long breaches of planning control take to resolve, which will help to manage expectations of the service.

•           Highlight planning enforcement tools / action that may be pursued, including the appeals and prosecutions process and procedures. .

•           Provide a hierarchy or prioritisation of breaches of planning control that align with “City for All” priorities and the Council’s City Plan. This will provide the opportunity to highlight emerging issues like the gig economy, shisha smoking etc.

•           That early and effective engagement would be critical in developing a fit for             purpose LEP.

•           Members agreed that the enforcement of ‘short-term lettings’ should also  ...  view the full minutes text for item 6.

The Committee received a report which provided a summary of the Member Training during 2022.

RESOLVED:

That the contents of the report be noted.

None

29 June 2022

·       29 June 2022