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Planning news for local councils and agents Welcome to the Summer 2020 edition of the Local Councils and Agents newsletter

As a Local Planning Authority, our ‘unprecedented’ challenges continue. We are still working hard to keep the planning service operating effectively and respond to the planning changes coming from the Government. We continue to work remotely at present. Key changes in our working practices and more information can be found on:

• the Covid-19 impact on planning processes webpage

• Planning’s response to Covid in Cornwall from 23 March to 5 June

• the What’s new in Planning? webpage

Content

To help find the articles of most interest to you, we have included an index to take you straight to that item:

Appeals team news Changing Places Toilets become mandatory through Circular 02/2020 Class Qs and other prior notification applications Climate Change Development Plan Document Commenting on planning applications Community Infrastructure Levy Fund for low-carbon projects Covid Recovery and Planning Reform including new Business & Planning Act and briefing session for Local Councils Draft Cornwall Design Guide European Sites Mitigation Supplementary Planning Document Head of Development Management update Health Care provision – developer contributions Housing completions, permissions, supply and demand 2019/2020 Local Council Conferences Never miss Planning News again ….

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Planning Agents Forum events Planning Committees and emergency decision-making process update and how to join a live meeting Useful info and helpful links to webpages Validation – tips for a smooth submission West Carclaze Garden Village news

News from Hayley Jewels – Head of Development Management

The Government was clear from the start of the pandemic that the planning system should continue to operate. We swiftly made changes in order to keep the Service operating with everyone based from home and changed our processes to ensure that our Cornwall Councillors continue to be engaged, enabling the democratic process to continue. Virtual planning committees are now operating successfully. The length of the meetings is limited to 3 hours and in order to achieve that we are limiting items on each agenda to between 2-4 items, depending on the complexity of each application. This means that, whilst the emergency decision-making process is still in operation, it is likely that applications considered via that route will naturally decrease as committees accommodate more items. The virtual committee process enables public speaking to take place as they would at a face-to-face meeting, and the meetings are available for the public to view via a livestream on the website. Officers have been working at home during the lockdown and this will continue to be the case for the time being as we are not expecting a wholesale return to the offices. Site visits were suspended during the strict lockdown period, but visits are now taking place for both planning and enforcement teams, on a risk assessed basis where an assessment can’t be made using virtual means. Workloads for officers are very high. We are pleased that the volume of applications submitted remains relatively stable at the moment, but things are generally taking a little bit longer at the moment simply due to the fact that the remote working just adds a few minutes to every task. In addition, some of our officers are working very flexible hours to accommodate childcare responsibilities. I appreciate that this can result in slight delays as they are not always available during normal working hours.

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At the moment the best way to contact officers is via email. All officers can pick up messages from their landlines and use Microsoft teams (albeit some of the functionality is not corporately enabled unfortunately). Not all officers have work phones at home and we are exploring options to increase the way in which officers can be contacted, but we are restricted somewhat by the corporate procurement process. Therefore, at the moment please email officers who can either respond via email, return the call if possible, or arrange to discuss via Teams if necessary (you can dial in externally). We have prepared the attached overview which sets out the good work

achieved during this difficult period. We have also produced a series of FAQs

which are being updated regularly as government guidance or processes

change.

We have continued to implement changes to our structure to assist our budget

savings by reducing management tiers and ensuring additional capacity at the

front line. A revised Service structure is attached to this update. Over the last

month we have also been able to continue to develop our own staff by

enabling our Introductory Officers to be promoted to Development Officers,

and Technical Officers into Introductory Officer roles. This will boost our

capacity to deal with applications.

Despite a challenging time, we are maintaining an average of 86% of

applications determined ‘in time’. General planning enquiries have almost

doubled and we are now seeing a significant increase in enquiries to planning

enforcement. We therefore ask you to be respectful and patient during this

period, we are committed to achieving good quality outcomes as quickly as

possible but we are experiencing a higher than normal volume of queries

which we are doing our best to manage.

Class Q and other prior notification applications

Please ensure that submissions under Class Q or any other prior notification application include all the necessary information to support your case at the outset. We will only agree an extension of time in exceptional circumstances. We are seeing an increase in agents asking for time to negotiate or provide additional information.

The Government introduced prior notifications to be a light touch application process with limited assessment involved compared to a normal planning application. They are clear that prior notification applications should place a lesser burden on the Local Planning Authority than full planning applications.

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This is through a reduction in administrative cost and time, which is reflected in the fees for such applications. The onus is on the applicant/agent to demonstrate that the proposal is permitted development and meets the relevant criteria. On this basis submissions should include everything needed to do so at the outset.

Whilst we remain keen to work pro-actively with agents and applicants to bring forward schemes for sustainable, good quality development, we have limited resources and must prioritise our time accordingly. This will become more acute as the Government bring in additional prior notification application processes in the next few months.

Hayley Jewels, Head of Development Management

Covid recovery and Planning Reform

The Government is considering a wide range of policies and programmes to assist the country with recovery and renewal. Planning reform is part of this and we expect to see further changes in due course.

Business and Planning Act: changes to the planning system

The Business and Planning Act 2020 brings a range of changes to planning law to ensure the planning system can continue to operate effectively and support the planning and construction of new development following the impact from Covid-19. There are 3 main elements to those changes:

• Modification of construction site working hours – including amending any necessary planning conditions

• Extending the implementation period for planning permissions

• Flexibility in terms of appeals

The temporary measures relating to construction site working hours and implementation of planning permission expire on 1 April 2021. Alongside the Act, the Government has published new planning guidance on interpreting the rules. There are 3 separate guidance documents:

• Construction working hours deemed consent

• Making current spatial development strategies available digitally –

relates to the London Plan

• Pavement licences

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In addition, new legislation has been laid before Parliament to enable changes to Permitted Development Rights to allow development to assist in supporting economic recovery. These regulations provide an additional 28 days allowance for the temporary use of land, as well as allowing a local authority to hold a market for an unlimited number of days and allows the erection of moveable structures such as stalls or awnings. The regulations introduce a permanent permitted development right to allow additional storeys to be constructed on existing purpose-built flats to create new homes.

The Government also released three sets of regulations on 21 July regarding:

• Permitted development rights o to allow additional stories on houses o allowing certain buildings to be demolished and rebuild vacant

and redundant purpose built flats and commercial buildings if they are rebuilt as homes

• Changes to the Use Class Order to create flexible town centre uses.

A helpful summary is provided in a recent letter from MHCLG’s Chief Planner. Our policy team has also produced two briefing notes on the new Permitted Development Rights and Use Class Order changes in July 2020.

The Government have published their response to the consultation on 5G and confirm that they are intending to proceed with a further set of permitted development rights to facilitate the roll out. The final detail of the regulations are awaited.

Finally, we are still expecting a further planning reform policy paper from government by the end of July so more news to come …

Briefing session for Local Councils on the Government’s Planning Reforms

Through June and July, we have all seen and heard a lot about the different changes being made to the Planning System. We will be running a briefing session on 18 August starting at 10.00 am – 11.30 am led by Hayley Jewels, Head of Development Management, which will cover the changes and new legislation to date. This will include:

• The Business & Planning Act 2020

• Changes to the Use Class Order July 2020

• Changes to Permitted Development Rights July 2020

• The new Planning Policy Paper expected by the end of July.

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It is anticipated that this will be a MS Teams Live Event and the link to join the event will be sent out nearer the date for clerks to cascade to their council members.

For planning agents, there will be a similar update as part of our new virtual agents forum sessions.

CIL Fund - Cash for communities to kickstart low carbon projects

Community groups can apply for up to £100,000 to fund projects to boost greener living and support low carbon investments.

Cornwall Council started charging new development Community Infrastructure Levy (CIL) payments in January 2019, and is now making £500,000 collected available to not-for-profit organisations and constituted community groups, including local councils, who can all bid for funds to pay for infrastructure projects which encourage greener and healthier lifestyles.

The new CIL Fund was launched on 1 July and will hand out grants of £20,000 to £100,000 through a competitive application process. Applicants will need to show how there is local need and community support for their infrastructure project as well as how it will enable lower carbon living. This could include projects such as:

• new pedestrian and cycle paths to improve links around and to community centres

• improvements or creation of green spaces using infrastructure

• the adaptation of community buildings to enable multi-use functions such as improved access to health facilities and physical activities.

Infrastructure projects that will help communities recover from the impact of COVID-19 will also be welcomed.

The application form and guidance are available at: www.cornwall.gov.uk/cil (then select CIL Fund from left-hand menu). Deadline for applications is 19 October 2020.

Planning contributions and healthcare provision

We have been working in partnership with NHS Kernow, NHS England and NHS Improvement to produce a guide to planning contributions and Health Care Provision in relation to Primary Care premises. This is due to launch in the

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coming weeks as soon as NHS Kernow have completed their adoption process and published the guidance to their website.

The guidance has been developed in response to levels of growth that are proposed in Cornwall which will give rise to an increased impact on Primary Care Services necessitating additional infrastructure, resources and funding. Where new populations are created or increased as a result of additional housing, it may be necessary for the planning system to mitigate the identified impact, subject to viability testing. The note has been developed to help the assessment of whether a need will be created as result of development, and how any charge will be calculated and applied.

Appeals team news

The Planning Inspectorate (PINS) has continued to consider and determine planning appeals through the Covid-19 pandemic. The Council’s Appeal Team have also been busy responding to Appeals submitted and defending the Council’s decisions. For June 2020 PINS have issued 9 Appeal decisions in respect of planning applications that Cornwall Council refused, of those 2 were allowed and 7 were dismissed meaning the Council successfully defended 78% of these cases. This is above the national average for Appeals that are dismissed which currently is at 69%. Cornwall Councils Appeals Team achieves success in first ever virtual Appeals Hearing: In March PINS suspended all face-to-face Appeal Hearings and Inquiries to comply with Government requirements on social distancing and travel. As part of its pilot programme to look at alternative ways of working, PINS held its first ever virtual Hearing on 11 May for an Appeal against this Council’s decision to refuse planning permission for an agricultural workers dwelling at Land south of Penleaze, Hobbacott Lane, Marhamchurch, Bude. The Hearing was a success with Council Officers able to present their evidence online and share documents to the Hearing using the technology. After the hearing PINS issued their decision and the Council’s decision to refuse planning permission was upheld. In these difficult times we have all had to find ways to adapt to work differently and it is to the officers’ credit that they made this a success and achieved a positive result.

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Planning committee and emergency decision-making process

We have 2 processes running for applications where committee consideration is required:

• the virtual planning committee and

• the emergency decision making process (which is a written consultation process).

Virtual meetings are limited to 3 hours. Therefore the written process operates alongside the virtual meetings to enable agendas to be managed to meet the time limit whilst still ensuring that the committee is involved in the determination of the application. The Local Council Protocol and Member Protocol remain the same. Senior managers will ensure that potential committee items are kept to a minimum and will seek to resolve issues with the Divisional Member as much as possible. In those cases where the Divisional Member expresses a preference that an application should be considered by a planning committee, the following process applies:

• The application will be listed for consideration by the relevant planning committee. All applications to be considered by that committee will be decided either through a virtual committee meeting (limiting items on the agenda to between 2 and 4 to ensure the length of the meeting is within the agreed 3 hours) or via the existing emergency decision-making process (written procedure).

• Where items are being determined by the written procedure, the planning committee report will be emailed to the Divisional Member, Chair, Vice-Chair and members of the relevant planning committee for their comments, giving 5 days to respond. The report includes a section covering the key concerns of all consultees including the Local Council, along with a summary of any representations received. This provides all those Members (including the Divisional Member) the opportunity to comment and ensures that the Divisional Member is included within the process.

• The views of the Members are collated and discussed with the Chair and Vice Chair when reviewing the report and making a decision. The final decision is made by the Service Director (Louise Wood) or her nominated representative (Hayley Jewels).

• The case officer reports are published on our website in advance and a subsequent record of the decision will also be published.

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How do I join a virtual Planning Committee? The links to live Planning Committees are found on our webcast webpage at: https://www.cornwall.gov.uk/council-and-democracy/councillors-and-democracy/webcasts/. This webpage also has step-by-step instructions on how to join using Microsoft Teams with either a desktop/laptop computer or mobile phone/tablet.

Coming soon: Have your say on the draft Planning Policies in the Climate

Emergency Development Plan Document (DPD)

Public Consultation starts 10 August and runs to 5 pm 25 September 2020: Climate Emergency Development Plan Document (DPD) - Cornwall Council

Cornwall Council wants to say a massive thank you to everyone who responded to our Climate Change DPD scoping consultation. We received detailed evidence, information and suggestions from experts, individuals, activists, and interest groups. The Climate Change DPD has been renamed the Climate Emergency DPD following feedback as this is a better reflection of how important this work is. Planning rules can’t do everything that’s needed to fight climate change, but all feedback is useful and has helped shape draft policies that will support the effort to tackle climate change. The DPD is just one small part of the Council’s Climate Action Plan so evidence and responses from the scoping consultation have been shared with colleagues across the Council so that action can be taken. All consultation responses will be published shortly on our webpage. There have been challenges because of Covid 19, but the depth of feeling raised by the climate emergency and the fears that were shared in responses have rightfully kept our environment at the top of the agenda. The Council wants Cornwall to become carbon neutral by 2030. This is a massive task, and everyone needs to work together to make a difference. The Council will lead by example, but will need other agencies, businesses, residents and visitors to help Cornwall take this step. As the DPD is developed it important that you are able to comment and let us know what you think about the policies we are proposing. The draft policies in the DPD address climate emergency issues affecting Cornwall, sitting alongside and adding to those in the Local Plan rather than replacing them all.

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The DPD supports the Cornwall Local Plan and will give additional powers to help protect our environment by reducing carbon, and encouraging an eco-friendly approach to building, transport, land use and energy production. There will be another chance to comment on the Climate Emergency DPD before the final policies are decided and submitted to Government for inspection in 2021. When endorsed, the new Climate Emergency DPD will become a legal planning document like the Local Plan and will support and strengthen policies that will help Cornwall become Carbon Neutral. If you would like to be added to the DPD mailing list please email:

climatechangedpd@cornwall.gov.uk Or write to: Climate Emergency DPD, Cornwall Council – Planning, PO Box 676, Threemilestone, Truro TR1 9EQ Or Telephone: 0300 1234 151

Draft Cornwall Design Guide - update The draft Cornwall Design Guide is now approaching the final stages of production. Based on the consultation earlier this year we have been making improvements which include:

• improving the functionality of the electronic format document

• addressing requests of clarity on content and the design process, and

• providing additional drawings and images. The document can already be used, but we’ll be adding some additional useful content before consulting on the final document. The revised version of the design guide will be available later this summer 2020.

European Sites Mitigation Supplementary Planning Document (SPD) European Habitats Regulations require planning authorities to ensure harm from development, individually or cumulatively, to European protected wildlife sites is mitigated. A ‘Strategic Mitigation Plan’ has been costed for the relevant wildlife sites at Penhale Sands, Fal & Helford Estuary and Plymouth Sound & Tamar Estuaries complex.

The Council’s approach to Penhale Sands was consulted on recently and our marine approach will be consulted on in August 2020 as part of a draft

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Supplementary Planning Document. This document will shortly be open to public consultation and more information will be available on the Terrestrial European Sites Mitigation SPD webpage soon.

Following conclusion of the consultation, changes will be made to reflect any comments received, the documents merged and consulted on prior to adoption. We currently anticipate that will take place in late Autumn 2020.

Housing completions, permissions, supply and demand 2019/2020 Housing completions: In 2019/20 3,028 homes were completed in Cornwall. The Local Plan established a housing requirement of 52,530 homes between 2010 and 2030, at 2,625 per annum. Since the start of the Local Plan period in 2010, there have been 26,636 completions at an average of 2,664 per annum. This represents more than 100% delivery against the plan requirement, with a surplus of 386 homes. Permissions for New Homes: The number of homes with planning permission (not yet built) has increased from 12,943 dwellings in 2010, to 27,933 dwellings in 2020. Although long term forecasts are difficult particularly with the advent of COVID-19 (as permissions may expire, plans may change and there are still 10 years left of the plan period), the Council is currently projected to exceed the housing requirement by 2030. Supply and Demand In addition to assessment against Local Plan housing targets, the Government measures if we are delivering enough homes in two main ways:

• the 5 Year Supply • the Housing Delivery Test

For 2019-20, Cornwall Council can demonstrate a 6.5 year supply of land for housing which exceeds the requirement. The Housing Delivery Test will not be published until November and adjustments are still required. However Cornwall is projected to meet the requirement on this metric as well, with the current estimate suggesting that this will be around the 128% mark. Further information on housing completions and permissions are available in the set of documents collectively known as the Cornwall Summary Report, which will be

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published soon. Online intranet mapping layers for completions and extant permissions are also now available.

Changing Places Toilets – Circular 02/2020 and updated guidance

Changing Places Toilets (CPTs) have additional features and more space to meet the needs of people with profound, complex and multiple disabilities and impairments. They help local users and their families, as well as visitors, to spend time out and about and access everyday places. There are a growing number of CPTs in Cornwall provided by the public sector, including Cornwall Council, the private sector and charities.

Circular 02/2020 has now made it a requirement for Changing Places Toilet facilities to be provided for:

• Places of assembly, recreation and entertainment with a capacity for 350or more people if they are newly built or have a major refurbishment.

• Art galleries, cinemas, concert halls, conference centres, furthereducation colleges, universities, hotels that include leisure facilities,libraries, motorway services, museums, places of worship, and theatres.

• Shopping centres or retail parks with gross floor areas of 30,000m2 ormore, retail premises of 2,500m2 or more, sport or leisure buildings over5,000m2, and stadia, theme parks, zoos, or exhibition centres with acapacity above 2,000 people.

Cornwall Council continues to promote the provision of further CPTs in addition to Building Regulation requirements in Cornwall to help more residents and visitors access more places for longer. Our CPT Guidanceprovides advice on planning and installing a CPT.

Planning Agents Forums – update on our Autumn event

One of the positive impacts from working remotely through the Covid pandemic has been that we have noted much improved attendance at training and information events. Bearing that in mind, as well as working as safely as we can for stakeholders and staff, we will be offering online events this year instead of our usual face-to-face forum.

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There will be three sessions with a general Question Time at the end of the last session, and they will be held on the morning of 16 October – exact timings to be confirmed. As we all know that back-to-back remote meetings can be tiring, we will be scheduling in comfort breaks between sessions. We anticipate the sessions will cover:

• Session 1: Development Management update including our response to Covid, Planning Reform – changes to the Planning System in 2020, Building Control update – changes to Part M and the draft Building Safety Bill

• Session 2: Climate Change Emergency Development Plan Document, Policy update including CIL

• Session 3: What makes a good appeal and officer Question Time Thank you to everyone who has already ‘signed up’ to our new contact list about agent events. If you wish to know more, please email positiveplanning@cornwall.gov.uk. We will be sending out more details of these online sessions nearer the date. More information will also be available on the Planning Agents Forums webpage.

West Carclaze Garden Village Delivery is on-site! This strategic development at West Carclaze has been talked about since 2008 – it is now becoming a reality as delivery has started on site in earnest. The developer, Eco-Bos, is working in partnership with Cornwall Council, Homes England and the DfE. Despite the recent Covid-19 crisis, Eco-Bos continued at pace with earthworks and site preparation, in line with government and Construction Leadership Council procedures and requirements in relation to Covid-19. This was achieved through innovative uses of on-site preparation of materials and bringing equipment to site. The development was known under various guises through its evolution - from Ecotown, to Eco Community and now Garden Village. Being part of the government Garden Communities programme, it attracts government funding and support, including Housing Infrastructure Funding and Capacity Funding through Homes England. The Garden Communities programme covers large scale new developments that will create well-planned, sustainable places for people to live. West Carclaze is envisaged to deliver 1500 new homes over the next 15 years or so. The delivery of this high quality and sustainable

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development will make an important contribution to the Cornwall Council Local Plan housing delivery targets. Phase 1 approved under PA18/09691 is set to deliver 338 units. A modification of this application was recently approved under a separate reserved matters application, to reflect the currently proposed sequence of development. This will see the enabling works along Carbis Road completed, altering the road and creating site access points, funded through Homes England Housing Infrastructure Funding for Marginal Viability Schemes. The first houses are currently scheduled to be completed along the Carbis Road frontage in the first half of 2021. A school is being built on the site in 2021 also, led by the DfE. Eco-Bos have set out the vision of this development being a Village of Gardens in their Design and Access Statement for PA18/09691. This vision will translate the original ambitions (in Outline Planning Permission PA14/12186) into reality.

Photo credit: Eco-Bos June 2020

Site preparation earthworks to create a suitable building platform for the first phase of development at West Carclaze, including the area proposed for the free school to be delivered by the DfE.

Local Council Planning Conferences 2020 Planning for the Local Council Conferences to be held later this year started back in the Spring just before our working world took on a ‘new normal’. Some good news to share is that by offering Member training remotely, we reached a much wider audience than in previous face-to-face sessions. Bearing that in mind, as well as working as safely as we can going into the Autumn, we will be offering the Local Council Conferences as online events this year. We anticipate the sessions will cover:

• 22 September 2020 – 4.30-5.45 pm: Welcome and Planning Portfolio Holder’s News, Planning & Sustainable Development Service key issues

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and service update, Community Governance Review, Infilling and Rounding Off revisited

• 21 October 2020 – 10.00-10.50 am: An Introduction to the Cornwall and West Devon Mining Landscape World Heritage Site, 11.00-11.50 am: Cornwall Design Review Panel – explained

• 26 November 2020 – 4.30-5.20 pm: Pre-Application Discussions – the Benefits, 5.30-6.20 pm: An Introduction to Building Control, 6.30-7.20 pm: Trees and Development

Presentations for the 2019 Local Council conferences are available to view on the Information for parish and town councils webpage.

Commenting on Planning Applications Planning receive numerous comments daily on planning applications, many of which are either hard copy through the post or via email. The past few months has given us an insight into how to work more efficiently and Local Councils can play an important role in moving this forward. We would like to promote the use of our online planning register for the submission of comments. Many customers are already used to viewing applications online but don’t submit their comments in this way. The benefits of using the online system for submitting comments include:

• Comments are instantly uploaded and visible on the system, avoiding delays with the post and scanning letters to the system

• Notification that the comments have been submitted as acknowledgements are no longer sent for email or hard copy representations

• The comments are visible to the Case Officer straight away

• Applications can be ‘tracked’ and receive update notifications including notifications when an application is called to committee and when a decision is issued

• Once registered, alerts can be set up to be notified of other applications in the area.

As well has providing the above benefits to our customers, submitting comments online helps us to become more efficient as well as helping Cornwall tackle the climate change emergency and reduce the amount of paper used.

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We would appreciate your support in promoting this service and direct our residents to the online planning register to view, comment and track planning applications.

Validation - Tips for a smooth Submission First of all, thank you to all our agents for their patience over the past weeks/months as we adapt our processes as a result of Covid. We had to move quickly to working electronically and from home. We endeavoured to provide a consistent and efficient service through these changes. At the same time Cornwall has continued to receive a high level of planning submissions electronically. The Planning Portal has reported that this level (around 200 applications per week) has not been replicated in other areas of the country. In order to aid our efficiency and help reduce validation times please see the below tips for a smooth submission:

• Submit applications via the Planning Portal and pay the fee to the Planning Portal direct, these applications drop automatically into our systems

• If the above is not possible submit electronically via email to planning@cornwall.gov.uk

• Send all of your documents at the same time

• Let us know your method of payment, include as much information as possible and include a receipt if you have one

• Don’t use *.jpg plans as we are unable to scale from these plans and converting them to PDFs can distort the scale

• Clearly label plans and include drawing numbers

• Use the Validation Guide to ensure the application is complete • Check the What’s new in planning webpage which is regularly updated

with any upcoming changes.

Never miss Planning News again …

If you would like to receive notifications and a link to these newsletters when they are published, please read the privacy notice and complete the consent section so we can add you to the mailing list. Then, as soon as the next edition is published on our Planning News webpage, you’ll get an email to let you know. If you have any questions, please contact the news team on positiveplanning@cornwall.gov.uk

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Useful links

Please use the link below to tell us about changes to town and parish councils:

https://www.cornwall.gov.uk/community-and-living/communities-and-

devolution/community-networks/parish-and-town-council-changes/

Quick links to pages on our website you may find useful:

Planning Agents Area

Planning Technical Updates

Planning Agents Forums

Planning Committee – link to live meetings Social distancing – a guide for towns, parishes and businesses Neighbourhood Development Plans

Community networks

Role of Local Councils in Planning

Local Council Conferences

Information for Town and Parish Councils

Cornwall Planning Partnership

Day in the Life of a Planning Application

Planning Enforcement (including quarterly reports)

We’re always looking for ways to improve our communications with you so if

you have any feedback on this newsletter, we’d love to hear it. Please send

any comments to positiveplanning@cornwall.gov.uk

July 2020

www.cornwall.gov.uk