Agenda item

5.1       The Committee received a report which provided a mid-year update on the performance of the Town Planning service in terms of the timeliness and quality of its planning application decision making and the success rate of planning appeals for the first two quarters of 2023/24. Performance against all measures continues to exceed the Department for Levelling Up, Homes and Communities (DLUHC) and relevant internal performance indicators.

5.2       Members held a discussion and noted the following: -

5.2.1    The Committee were informed that there had been a trend for advertisement consent appeals to be allowed, particularly for larger temporary advertisements and digital adverts, and this results from a divergence in how Inspectors are assessing these proposals relative to officers. A Public Realm Supplementary Planning Document (SPD) is currently being drafted as part of the Local Development Scheme and this could include guidance on appropriate locations for digital advertising. More focused and detailed design guidance will also be explored with the policy team and could be programmed for next year.

5.2.2    Members were informed that determined appeals were spread across a range of different application types and individual appeals are determined by different Inspectors appointed on behalf of the Secretary of State by the Planning Inspectorate.  Like applications, appeals must be determined in accordance with the development plan and therefore appeals that may not have been permitted in 2018 may be allowed under the 2021 City Plan, or vice versa.

5.2.3    The Committee noted that two appeals relating to sustainability improvements to a listed building were overturned at appeal. The Committee requested that officers take note of being more permissive of non-permanent interventions in listed buildings.

5.2.4    The Committee noted that the volumes of applications for the first two quarters of 2023/24 were consistent with the same period in 2022/23, with the exception of major applications which have been dropping since before the period impacted by the pandemic. Major applications are defined by government and therefore the data for major applications can be compared with other London Boroughs.

5.2.5    The Committee were informed that the report highlighted those applications that were appealed following a decision at Committee, but did not include those that were granted under delegated authority. A full list of appeal decisions, including those following delegated decisions, is provided in the appendices to the report.

5.2.6    The Committee noted that Tottenham Court Road Language School was overturned and allowed at appeal due to the introduction of new marketing evidence to the Inspector that was not submitted at application stage. The Committee asked that the Costs Decision that was refused by the Inspector be circulated so that the Committee could understand why the Inspector did not consider the appellants behaviour in this case to be unreasonable.

5.2.7    Members requested that future training is arranged that includes current or former Planning Inspectors that are able to provide guidance to the Committee on appeal processes and Inspector decision making.

RESOLVED

That Members considered the contents of the report and noted the on-track performance of the planning service.