Engaging with Planning Agents

Reform of the Planning System 30 April 2015

On 1 April 2015:

Majority of planning functions transferred from Central to Local Government

Reformed Planning System came into effect under Planning (NI) Act 2011 and subordinate legislation: Key aims include:

• Speedier decision making• More effective enforcement• Enhanced community participation

Transfer and Reform of Planning

Council’s Planning Responsibilities

• Local Plan Making

• Development Management

• Planning Enforcement

• Power to designate Conversation Areas

• Power to make Tree Preservation Orders

Central Government’s Planning Responsibilities

• Processing regionally significant planning and called-in applications

• Regional planning policy

• Planning legislation

• Guidance for Councils, audit and performance management functions

• Population: 204,000

• Households: 75,000

• Area: 554 square miles

New Council Area

A Few Preliminary Matters

• Scheme of Delegation in place – available on Council’s website;

• Council’s Planning and Regulatory Services Committee will hear non-delegated matters

• Monthly meetings – second Wednesday of month

• Protocol for Meetings on website

Reformed Appeal System

• Time period for lodging an appeal will reduce from 6 to 4 months

• No matter can be raised at appeal which was not before the Council at time of decision – exceptional circumstances only;

• Award of Costs

Reformed Plan Process

• Timetable for Plan

• Statement of Community Involvement for Plan

• Preferred Options Paper

• Plan Strategy – Independent examination and

adoption (indicative timeframe 22 months)

• Local Policies Plan – Independent Examination

and adoption (indicative timeframe 40 months)

• Monitor and review

Reformed Development Management System

• Hierarchy of Development

• Local Developmento Scheme of Delegation

• Major Developmento Proposal of Application Noticeo Pre-Application Community Consultationo Pre-Application Consultation Reporto Design and Access Statement

• Other Reforms

Hierarchy of Development

RSD

Major

Local

Local Developments

• Local Developments: those that do not fall within the classes described as major or regionally significant

• Likely compromise the majority of residential and minor commercial applications eg. extensions to dwellings and single houses

RSD

MajorLocal

Local DevelopmentsScheme of Delegation

• Legislation requires Councils to prepare a Scheme of Delegation for planning applications and for these schemes to be approved by the Department

• Majority of local planning applications will be decided under the Council’s Scheme of Delegation

• The Scheme will allow for quicker decision making on the smaller local applications

Major Developments

• Likely to be developments that have important economic, social and environmental implications for the Council area

• ALL major applications will be presented to the Planning & Regulatory Services Committee for determination

RSD

Major

Local

Major Developments

Proposal of Application Notice

• A notice of intention to submit a major application – 12 weeks in advance

• Notice must include the description of proposal, site address, site plan and details of consultation proposed (which must include 1 public event)

• Only required for applications submitted from 1 July 2015

Major Developments

Pre-Application Community Consultation

• Seeks to enhance community involvement early in the planning process

• Enables local communities to be better informed about development proposals and to have an opportunity to contribute their views before a formal planning application is submitted

• Compliments the successful pre-application discussion (non-statutory) process

Major Developments

Pre-Application Consultation Report

• A report must be submitted with applications to demonstrate what has been done to comply with pre-application community requirements

• Report must show how comments received from the community have been considered/addressed

• The Council may require that additional consultation is carried out or can decline to determine the application

Major Developments

Design and Access Statement (DAS)

• Supporting document required for major developments (the requirement also applies in other instances). Also required for all listed building applications and some local applications

• The statement must explain design principles and how it relates to the site and setting

• Must demonstrate how the site can be adequately accessed by prospective users

Other Reforms

Call-In

• The DoE may call in any individual application or any class of application specified in a Direction by it

• The process to be followed in such instances will be the same as for regionally significant developments

• Notification Direction: Council required to notify DoE where it proposes to grant planning permission for certain types of application

Other ReformsPre-Determination Hearings

• Legislation provides for the enhanced scrutiny of major development applications which have been subject to notification – that is referred to the Department for call-in, but have been returned to a Council for determination

• Councils may hold pre-determination hearings, at their own discretion, where it is considered necessary to take on board local community views as well as those in support of the development

Other Reforms

Duty to Respond

• Officers will consult certain environmental bodies for their comments on an application

• New consultation arrangements will place a duty on consultees to respond within a statutory timeframe – 21 days

• Extension to this timeframe will be by exception only and, a substantive response will be required in every instance.

Performance Management Framework Local Government (Performance Indicators and Standards) Order (Northern Ireland) 2015

Major applications processed to decision or withdrawal within an average of 30 weeks from date valid

Local applications processed to decision or withdrawal within average of 15 weeks from date valid

70% of all enforcement cases progressed to target conclusion within 39 weeks of receipt of complaint

Role of Planning Officers

Planning Officers will:

• Respond positively to requests for pre-application advice and discussions –approach taken will be proportionate to nature and scale of proposal.

• Front loading of process to improve quality of application and speed of decision.

• Return any applications which are invalid.

Role of Planning Officers

• Ensure the active management of applications

• If proposal is unacceptable in principle – Refuse

• If minor changes will make proposal acceptable – allow 1 opportunity for amendments

• Only facilitate meetings post submission when considered appropriate

• Ensure that decisions are issued promptly once reached

Any Questions?