Agenda item
Minutes And Matters Arising from the Minutes
To sign the minutes of the last meeting as a correct record of proceedings.
Matters Arising from the Minutes.
Minutes:
3.1 Agreed that the minutes of the Planning and City Development Committee meeting held on 30 March 22 be approved.
3.2 Matters Arising from the Minutes
3.2.1 Minutes 3.2 - Minutes 3.2.1 Draft Early Community Engagement Guidance
Members were advised that there has been a positive response to the Early Community Engagement guidance amongst the developer community and all interested parties including officers were adapting to the new ways of working regarding pre-application and application engagement. The Guidance is still in its infancy and to date there have been no planning schemes which have fully tested the new engagement process.
3.2.2 The Committee will be provided with further updates on the pilot phase and how earlier engagement has influenced schemes. The committee report template for the Planning Applications Sub-Committees now includes an expanded section identifying the community engagement that has occurred. Officers continue to explore options for how best to introduce a community planning advice or ‘Community Champion’ service which could provide support to interested parties during the planning engagement.
3.2.3 Minutes 3.2 - 4 National Policy & Planning Reform Update. 4.4 Design and Heritage Supplementary Planning Documents
Members were advised that Design and Heritage Supplementary Planning Documents (SPDs) would be considered through revisions that need to be made to the Council’s Local Development Scheme. The Local Development Scheme sets out the planning policy work programme over a 3 year period and includes information on what SPDs we intend to produce. The previous timetable for producing Design and Heritage SPDs will be impacted by new work streams. Members noted that a Design and Heritage SPD would give ‘weight to Conservation Area Audits regarding in determining applications.
3.2.4 Minutes 3.2 - 4 National Policy & Planning Reform Update. 4.4 Article 4 Direction
Members were advised that proposals regarding Article 4 Direction for the Central Activities Zone (CAZ) to remove permitted development rights from Class E commercial floorspace to residential have been modified by Central Government and have now been brought into force. The Sub-Committee were reminded that a large area of the CAZ was originally proposed by the council, but Central Government have reduced this, boundary of what area is covered. The areas covered do, however, include the main commercial areas and Policy designated areas in the City Plan such as ‘Opportunity Areas’, Special Policy Areas, the West End, and CAZ clusters. Members were advised that policies regarding the smaller centres outside the CAZ would be implemented in December 2022 as it can only be brought into force 12 months after this modification was initially consulted on.
Members were reminded that permitted development rights enabled commercial units to be converted into residential units without the need of planning permission. These developments would not be subject to the Council’s Planning Policies including The City Plan, London Plan, and Neighbourhood Plans. The Article 4 Direction removes these rights and enables designated areas within the Borough to be subject to the Council’s Planning Policies.
3.2.5 Minutes 3.2 - 4 National Policy & Planning Reform Update. 4.4 Weekly List
Members were advised that the Weekly List includes prior approval applications that propose a change of use from Class E to residential. The Committee were advised that there had not been any applications or informal enquiries regarding change of use under these permitted development rights to date. Members were reminded that some applications were still covered by the existing Article 4 Direction.
3.2.6 Minutes 3.2 - 4 National Policy & Planning Reform Update. 4.4 Affordable Housing and Planning Obligations SPD
Members were advised that consultation on the Affordable Housing and Planning Obligations SPD ended in April 22 and that responses from key stake holders were being reviewed. There have been objections from the Greater London Authority (GLA) regarding the approach to affordable housing, and from the development industry in respect to Carbon Offset fees. The guidance on Affordable Workspace was also viewed as being overly prescriptive. The SPD will be revised and be subject to a viability assessment to ensure that contents do not undermine development viability. It is expected that the revised Affordable Housing and Planning Obligations SPD will be adopted towards the end of the year at the earliest.
3.2.7 Minutes 3.2 - 4 National Policy & Planning Reform Update. 4.5 Late Representations.
Members were advised that the imposition of deadlines for late representations which are submitted to the Planning Sub-Committees would be reviewed and that any proposed changes would be presented to Members for discussion. The Committee noted that the right to make representations should not be put at risk or be perceived as such. Members noted that late representations can currently be received by the Council up to the start of the Sub-Committee and that this impacted adversely on the ability of Members to consider the contents.
Members were informed that currently different VAT rates are applied to new build and refurbishment/retrofit schemes differs with a lower rate applicable to new build development. This currently disincentivises refurbishment/retrofit approaches to building renewal and upgrade and favours more carbon intensive redevelopment. The Committee was reminded that as VAT rules are set by Government, achieving any changes to the current position would involve lobbying.
The Committee agreed that officers should prepare a briefing for the Cabinet Member for Planning and Economic Development that sets out the merits of the Council lending its support to existing campaigns to reform VAT levels applied to refurbishment/retrofit schemes. Members were informed that the development community were supportive of the sustainability agenda and was therefore likely to welcome a level playing field for different forms of development.
3.2.9 Minutes 3.2 – 6 Planning Enforcement Team Performance and Local Enforcement Plan.
Members were reminded that Local Enforcement Plans are strategic documents which govern the enforcement activity of a local authority. The Governments’ White Paper on ‘Levelling Up’ sought to strengthen enforcement powers.
The Committee were advised that a greater number of conditions are now imposed on permitted developments under more recently introduced permitted development rights, with this approach likely to continue and become more prevalent in future. This means that the Planning Enforcement Team are required to undertake more work in relation to permitted development than was previously the case. Local Enforcement Plans can identify where enforcement resources need to be focused. Members were advised that resources could be focused in a specific area or be spread borough wide. Officers are currently scoping the contents of the Local Enforcement Plan and would liaise with the relevant Cabinet Members on available options in the autumn. The draft Local Enforcement Plan will be subject to consultations with local communities prior to adoption. All Ward Councillors will also be consulted. The response to this engagement will be used to help shape the finalised Local Enforcement Plan
Supporting documents:
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