It’s all still a learning
process; the main lesson this week was about the planning process.
Planning is tricky: if a matter
comes to a planning committee then by definition it’s contentious and someone –
often more than one – will be disappointed by the outcome.
For this reason, there are some
tight rules to make sure that decisions are made fairly. Members of the
planning committee can be lobbied, can take part in pre-decision discussions,
but they must ensure their decision take place transparently. It must be clear
that at the meeting they approach the decision with an open mind and
considering all the facts. It is a quasi-judicial decision and has to be made
in accordance with planning law and guidance – hence the need for specific
training.
Planning officers make
recommendations to accept or reject applications. Planning committees don’t
have to follow that recommendation, but we need to have good reasons under
planning law if we disagree. This is both to be fair to all parties and also
because if we didn’t have reasonable planning grounds then on any appeal costs
could be awarded against the Council.
The Government has set the
framework for planning authorities. There’s a presumption in favour of growth,
of “sustainable development”, whatever that is. Authorities must prepare a
local plan which sets out the main priorities and objectives for the area and
decisions would normally reflect the plan. At the moment Northumberland uses
the plans prepared by the previous six District Councils but is currently drafting such a plan, which after consultation is due for completion next year. As the
plan is still at an early draft stage the emerging policies can only be
accorded limited weight in planning decisions although some weight can be given
to the recent evidence base work supporting the emerging plan. As the draft
plan progresses further towards formal adoption we will be able to give greater
weight to the draft policies.
Other things that should be taken
into account are the views of statutory consultees, like the Highways
Authority, English Heritage and Parish Councils, and others eg local groups or
residents. Issus like design, noise, safety are relevant; property values,
prospects of better alternatives and restrictive covenants are not.
What does this mean for a
Councillor who is on a planning committee? I’m on the North Area Committee, one
of three area committees in the County; it hears anything in North
Northumberland where there are is a dispute about the outcome and is not
covered by the central committee. The central committee covers big stuff –
things like major energy or infrastructure projects (eg wind farms),
applications which have implications outside the area or applications made by
the Council itself.
If the application is covered by
the central committee then I can behave like any other councillor: listen, form
a view and present that opinion (if desirable) at the committee. If it’s
covered by the North Area I need to decide whether I should be part of the
decision process or should step aside. I would normally prefer to be part of
the decision process, unless I had some form of conflict of interest, and
therefore would need to behave carefully beforehand. I would listen but not contribute
to planning discussions at Parish Councils; any lobbying or fact finding would
need to include one of the Council’s planning officials. This means I can show
an open mind when it comes to the planning committee.
The planning authorities’
discretion to make decisions has recently been restricted by the Government. It
thinks that planning processes have hurt economic growth and if it allows
people to, for example, put up extensions or change planning uses on retail
units then a thousand flowers will bloom and our economic problems will be
reduced. I suspect this is overly optimistic and also forgets the fact that
planning frameworks exist for a reason. For any one person who wants an
extension, there sometimes will be neighbours who are badly impacted. Equally,
a high street may not need a string of betting shops. We will see if this
change is beneficial overall.
But despite this restriction, I
hope and expect planning will be one of the most interesting parts of the role,
even if also the most contentious.
Elsewhere, I had a discussion
about parking problems in Bamburgh in particular as part of a general briefing
about the AONB; this was prompted by a report in the local paper that I wanted
to arrange a meeting to cover bank holiday and parking issues in the area. It
covered the long term project to improve the highway design and management,
focusing on de-cluttering, parking and traffic flow. The lessons from this
apply to the other coastal villages.
And the sunshine continues. It
brings parking problems but also money!
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