Agenda item

The Head of Planning and Building Control submitted a report which provided information on the Council’s Development Management Pre-Application Advice Service and a number of issues with the current operation of the service including fees and performance targets.   These were currently being reviewed with the aim of improving the overall operation of the service and encouraging more customers to use it.  The intention was to implement changes from autumn 2020.

Councillor Goodeve, Executive Member for Planning and Growth, welcomed the report and endorsed the points made by the Head of Planning and Building Control.  She also reminded Members that in relation to strategic sites, developers were obliged to undertake a masterplanning process. 

In response to a range of questions from Members of the Committee, the Head of Planning and Building Control and the Service Manager Development Management advised that:

-                          EHC’s fees for the service were last reviewed in 2018.  Minor and household applications were subject to fixed fees while major applications, which could range from ten units to many thousands, required an individual quote in each case.  Precise benchmarking with other local authorities was problematic due to differences in the type and complexity of applications.

-                          Pre-application discussions and responses were confidential as they often included information that was financially and/or legally sensitive.  Therefore it would not be possible routinely to involve local Members in pre-application meetings, unless the applicant wished to do so.  The review could however look at ways in which Members’ involvement could be increased.  Councillor Devonshire felt that this would be useful as Members were sometimes presented with conflicting accounts of such meetings. 

-                          Limited feedback was received from users of the service.  In this regard a number of Members felt that promotion of a feedback mechanism would be advantageous, for example an e-mail survey sent shortly after using the service.         

-                          Records were not kept of how many applications that had been subject to pre-application advice were subsequently refused but granted on appeal.  However, overall the Authority’s record on appeals was good relative to the national average.  

-                          Detailed figures on the number of applications for pre-application advice received were not available at the meeting.  A number of Members regretted this, feeling that this was basic information to inform any discussion of the service.  Officers explained that the report had been prepared to address the specific issues raised previously by the Committee but that detailed figures could be provided in future. 

-                          Officers believed that it was worthwhile to continue the service as good pre-application advice could avoid delays in the planning process. 

-                          Work was underway to establish the appropriate decision-making route and timescale for any proposed changes emerging from the review.

-                          Giving weight to pre-application advice received during the consideration of any subsequent planning application would be problematic as legislation was clear on what could and could not be considered as a material planning consideration.  Councillor Crofton stated that this issue should be considered further, feeling that applicants had a right to rely on the advice they had received. 

The Chairman stated that Bishop’s Stortford Town Council had sought to use the pre-application advice service on three occasions, and had found the service disappointing.  In one case the response to a proposal to install solar panels had been that insufficient information was provided and no meeting with Officers had been offered.  The Service Manager (Development Management) reported that in many cases insufficient information was provided by applicants.  This could be addressed by the provision of more information about the service on the Council’s website.  The Chairman agreed that this would be useful.

It was moved by Councillor Devonshire and seconded by Councillor Snowdon that the recommendations in the report be approved subject to the addition of four points to address issues raised by Members during the discussion as follows:

-                          That Officers be requested to provide additional information on the Council’s website to guide potential applicants on the information to be provided when seeking pre-application advice;

-                          That Officers consider as part of the review whether and how Member involvement in the pre-application process might be achieved;

-                          That consideration be given to sending a survey to applicants after they use the pre-application advice service proactively to seek feedback on their experience of the service; and

-                          That Officers give consideration to whether greater weight can lawfully be given to pre-application advice received, during the consideration of any subsequent planning application.

After being put to the meeting and a vote taken, this motion was declared CARRIED.

RESOLVED – that (A) the report and the ongoing review of the service be noted;

(B)        Officers be requested to provide additional information on the Council’s website to guide potential applicants on the information to be provided when seeking pre-application advice;

(C)        Officers consider as part of the review whether and how Member involvement in the pre-application process could be achieved;

(D)       consideration be given to sending a survey to applicants after they use the pre-application advice service proactively to seek feedback on their experience of the service; and

(E)        Officers give consideration to whether greater weight can lawfully be given to pre-application advice received, during the consideration of any subsequent planning application.