To give views to Cabinet about the Supplementary Planning Document which sets out the Council’s policy on the use of planning obligations.

Cabinet deferred consideration of this item at its meeting on 13th December, 2007 so that it could receive the views of the Planning Committee.

The Forward Planning Manager presented the report of the Head of Planning services about the Draft Planning Obligations Supplementary Planning Document (SPD) which had been published for consultation purposes in March 2007.  He advised that the document was included within the Council’s Local Development Scheme and was being produced as part of Herefordshire’s Local Development Framework. It would set out the Council’s policy and approach to dealing with planning obligations and securing developer contributions and provide additional information and guidance in support of policies and proposals in the Herefordshire Unitary Development Plan. The SPD was aimed at making clear to all interested parties the Council’s policy stance on the subject. Once adopted, it would become a material consideration in the determination of planning applications where contributions were required.  The aims of the SPD were to:

·         provide as much certainty as possible to landowners, prospective developers and other interested parties;

·         ensure a uniform application of policy;

·         ensure the process is fair and transparent;

·         enable developers to have a ‘one stop shop’ approach to establishing likely contributions expected; and

·         facilitate a speedier response from the authority to development proposals.

The SPD would assist in pre-application discussions and provide a clear and accountable procedure for the way in which planning obligations were negotiated and secured.  The Forward Planning Manager and the Team Leader Local Planning outlined the results of the consultation process and explained the modifications proposed to the SPD as a result.  They also drew attention to the crucial need for a Section 106 Monitoring Officer to ensure clarity of documentation, help to audit the arrangements and also to ensure the tracking of obligations so that they were secured and fulfilled.  A further role for the Officer would be to co-ordinate the programmes and schemes over a five-year rolling period for which developer contributions would be sought.  There was also a need to review the current procedures for agreeing obligations and make appropriate changes to the Scheme of Delegation to Officers.

The Committee considered the proposals and directed a wide-ranging number of questions to the Officers.  The Cabinet Member (Environment and Strategic Housing) further explained the views that had been received about the proposals by correspondence and in meetings and said that the next stage would be to report the matter, including the views of the Committee, to Cabinet.  He said that the aim was to have flexible arrangements in place which could be adapted as necessary.  Councillor RI Matthews asked about the thresholds which had been set in the document, particularly in relation to the requirement that obligations would be sought from all housing schemes. Councillor Matthews was of the view that it was essential to set the threshold at the correct level because it would have a significant impact on the rural social infrastructure, housing and economy.  He asked about the impact that the new arrangements would have on the work of the officers and the way in which targets were met.  The Development Control Manager explained the likely affects on targets and staffing resources.  The Head of Legal and Democratic Services said that appropriate resources would need to be allocated in his department to deal with the legal issues.  Councillor Matthews proposed that the threshold for dwellings be raised to six as per the draft considered by the Committee in January 2007. Councillor R Smith thanked the officers for the work, which had been undertaken in developing the proposals and welcomed the provisions for a greater involvement of the parish and town councils.  He asked whether the Area Planning Sub-Committees would be involved and the Development Control Manager said that they would be advised about the proposals.  The Forward Planning Manager referred to pages 42 and 43 of the report which set out the role of Members and the involvement of the public in the proposals.  The Head of Planning services said that the proposals would provide the Council with the opportunity for the development of a rolling programme, with Member and public involvement, to manage plan and monitor the benefits to the community.  This would be a considerable improvement in the present piecemeal system which had to be used by the Council.  Councillor GFM Dawe noted the proposals in relation to sustainable communities and said that he would welcome a further report on this issue.

RESOLVED

THAT

(i)                     the changes to the draft SPD on Planning Obligations be endorsed, to include that the threshold for dwellings be raised to six, and that it be recommended to Cabinet that the amended document be adopted as part of the Council’s Local Development Framework; and

(ii)                    the appropriate amendments are made to the Planning Committee Scheme of Delegation to Officers, following which the Supplementary Planning Document be bought into effect.