Minutes:
Consultations: Stronger performance of Local Planning Authorities supported through an increase in planning fees, permitted development changes, EIA arrangements, Infrastructure Levy arrangements.
Invitation to participate in shaping future changes to the planning system.
Nick Harding presented the Government consultation on increasing planning fees, with information on the increased planning fees binge found on the training slide in the link below:
Consultation until 25 April 2023
• the funding shortfall for the planning application service is currently estimated to be in the region of £225 million annually (approximately 33%). Proposes fee increases:
• Major applications by 35%
• Non-Major applications by 25%
• PLUS, annual indexation of fees in line with inflation
• PLUS, undisclosed revision to fees for application variations
• Asks if the increased income should be ringfenced for spending on the LA planning service.
• Asks if the retrospective application fee should be double the normal fee (not for householder applications)
• Thinking about no longer allowing for a completely ‘free go’
• In return for fee increases the performance targets for councils and 26-week planning guarantee will be tightened (by how much not stated)
• Also a more detailed categorisation of applications & metrics is being considered to monitor performance [enforcement and customer experience also being proposed to be monitored].
It was asked whether the fees should be ring fenced? When the fees were last put up a finance officer from each district and county council had to sign to say that money would be reinvested within the planning service, this is being looked at to being undertaken again.
Nick Harding presented Permitted development rights: supporting temporary recreational campsites, renewable energy and film-making consultation - GOV.UK (www.gov.uk)
• Deadline 25 April 2023
• 30 tents for 60 days – prior notification in flood risk areas
• Solar canopies over non-domestic car parks
• EV charging points can be installed on behalf of LAs
Question 3rd party and that local authorities have a say on, will be asking more questions at the next meeting to clarify details.
Nick Harding presented Environmental Outcomes Report: a new approach to environmental assessment - GOV.UK (www.gov.uk)
• Closes 9 June 2023
• Review of triggers for when ES is needed.
• Developments will be assessed on the basis of whether they meet Nationally (Secretary of State) set environmental outcomes / indicators
• Stems from the National Improvement Plan 2023
• Still have to do the same survey work
• Scoping report submitted with the application or a panel
• Template ES reports
• Monitoring of the outcomes stronger.
It is looking at when environmental assessment is needed, there are 2 schedules at present: Schedule 1 the producer, which has to be submitted with the planning application and Schedule 2 is the maybe list which will be reviewed. Where ES is needed the focus will be whether the outcome of the development will come in to line with the nationally environmental published outcomes or indicators which will come from the National Improvement plan. Nick Harding stated he is still not sure how this will work as yet and he will be supplying some training videos.
Scoping report will be submitted with ES report.
ES will be prepared using an ES template so documentation is more standardised and precisely presented as this document can be very difficult to read, this will make it more streamlined and easier to understand.
Monitoring of outcomes is looking to be increased to make sure the environment outcomes are being achieved which could add an additional burden to local authorities.
Nick Harding presented the
Technical consultation on the Infrastructure Levy - GOV.UK (www.gov.uk) which
ends on 9 June.
Rate setting
Levy rates and minimum thresholds (below which no Levy is charged) will be set by the local authority. Rates and thresholds can be varied by the type of development (including brownfield and greenfield) and local authorities can create different charging zones. Levy charging schedules will be subject to consultation and public examination.
• Charging the Levy. Levy liabilities will be based on GDV at the point of site sale or completion.
• Payment of the Levy. Indicative liabilities will be calculated using Levy charging schedules. These will set out expectations of Levy liabilities that reflect assumed values of a site. A provisional payment of the Levy will be made close to scheme completion. A final adjustment payment can be used on completion incorporating final values to ensure correct liabilities are discharged.
• Forward funding infrastructure. Borrowing against future Levy proceeds will be permitted, including from the Public Works Loan Board, to facilitate the forward funding of infrastructure. Cash reserves can also be built up across sites.
• The Infrastructure Delivery Strategy. Via the strategy, local authorities will be able to take a more strategic and unified approach to infrastructure planning and delivery/spend to accommodate the needs of the community. The Strategy will be subject to examination.
• On Site Affordable Housing – Provision in the normal way but the alternative may be via an in-kind payment of the Levy.
• Neighbourhoods – As with CIL communities would get a share of the Levy.
• Testing in Pilot Areas – Before national roll out
A question was raised on whether there was any risk the infrastructure Levy might lead to creating higher rates when it is not needed and could lead to spending on other items. Nick Harding replied the rate that is set needs to be set at the rate the development needs.
If was asked could the funds from the Levy be used for non-infrastructure related funding as set out in the consultation, is this something that wouldn’t be allowed? Nick Harding responded when devising a national policy all areas have to be covered, in the Fenland area this is not something that would be carried out as funds are tight and need to be used in the right places.
A question was asked could this be something that will be used in the future if the rates were put up in line with accumulative growth and developments? Nick Harding responded no.
A question was asked if local authorities were going to think about joining the Levy early as there is a chance that this could happen? Nick Harding responded it would not be likely as the Council does not have the resource capability. A further point was made that there does not seem there is much scope for viability right to require, officers think a public investigation would be enough? Nick Harding responded the investigation would be enough but feels it would be useful if a benchmark system was set to review the Levy rate.
John Maxey added he feels Fenland did the right thing by not going with CIL.
Nick Harding advised that DLUHC is continuing to carry out user research to support changes to the planning system, as set out in the Levelling Up and Regeneration Bill.
Sign Up: User Research in Planning (office.com)
A question was asked with the route ways of the Levy there is scope for whether income payments are possible as part of the Levy and there is a question as to whether that should be left up to local authorities to make the decision, do you think the local authorities in the Fenland area would be interested in setting a lower threshold or higher threshold? Nick Harding responded that it not something he can answer at this time.