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AGENDA
- INTRODUCTION
- THE DEVELOPMENT PLAN
- THE DEVELOPMENT CONTROL SECTION
- MATERIAL CONSIDERATIONS IN PLANNING
- SECTION 106 AGREEMENTS
- THE DECISION MAKING PROCESS
- CONDITIONS
- APPEALS
- ENFORCEMENT OF PLANNING CONTROL
- CURRENT ISSUES
- FUTURE ISSUES
- ANY QUESTIONS?
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1. INTRODUCTION |
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2. THE DEVELOPMENT PLAN
THE ADOPTED DEVELOPMENT PLAN
BERKSHIRE STRUCTURE PLAN 1991-2006 (INCORPORATING ALTERATIONS ADOPTED IN NOVEMBER 1997)
THE LODDON AREA LOCAL PLAN/SOUTH EAST AREA LOCAL PLAN
THE GREEN BELT LOCAL PLAN FOR BERKSHIRE
ADDITIONAL DOCUMENTS
THE WOKINGHAM DISTRICT LOCAL PLAN (AS PROPOSED TO BE FURTHER MODIFIED)
THE BERKSHIRE STRUCTURE PLAN DEPOSIT DRAFT
ADVICE FROM CENTRAL GOVERNMENT
PLANNING POLICY GUIDANCE NOTES (PPGs)
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3. THE DEVELOPMENT CONTROL SECTION
- DEVELOPMENT CONTROL SECTION
- NORTH TEAM
- SOUTH TEAM
- HOUSEHOLDER TEAM
- ADMIN
- ENFORCEMENT
- WHAT DO WE DO?
- PROCESS PLANNING APPLICATIONS, LISTED BUILDING CONSENTS, ADVERTISEMENT CONSENTS,
CERTIFICATES OF LAWFULNESS, ENFORCEMENT OF PLANNING CONTROL
- DEAL WITH GENERAL ENQUIRIES
- PRE-APPLICATION ENQUIRIES FOR MAJOR PROPOSALS
- PERMITTED DEVELOPMENT ENQUIRIES
- PLANNING APPEALS
- WHAT DON'T WE DO...
- HIGHWAYS
- DRAINAGE
- PLANNING POLICY
- LEGAL MATTERS
- PLANNING APPLICATIONS
WDC deal with around 2,500 applications a year, send out over 85,000 notification
letters and receive about 10,000 letters of objection, which are acknowledged
individually.
- MAJOR, MINOR AND OTHER APPLICATIONS
To deal with 60% of major applications in less than 13 weeks
To deal with 65% of minor applications in less than 8 weeks
To deal with 80% of other (including householder) applications in less than 8 weeks.
- THE APPLICATION PROCESS
- CONSULTATIONS
- NOTIFICATIONS
- SITE NOTICES
- SITE VISITS
- ASSESSMENT OF AN APPLICATION
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4. MATERIAL CONSIDERATIONS IN PLANNING
- DEFINITION?
- EXAMPLES
- The Development Plan
- Central Government Policy
- Planning history of the site, the currently authorised use
- Design, appearance and layout
- Amenity and privacy
- Impact on the appearance of an area
- Previous appeal decisions
- Effect on a public right of way
- National Interest
- Conservation of buildings, trees and open land
- NOT A MATERIAL CONSIDERATION...
- Matters covered by other legislation
- Private property rights
- The developers moral's, motives or past record
- Possible future development
- Effect on the value of property
- The fact that the development may have started
- Trade objections based on competition
- Loss of private view
- Inconvenience or other problems caused by building works
- Covenants
- Numbers of objection letters received
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5. SECTION 106 AGREEMENTS
AGREEMENTS UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT
- SERVICE, AMENITY AND INFRASTRUCTURE REQUIREMENTS
- MAJOR APPLICATIONS
- FINANCIAL CONTRIBUTIONS
- SUPPLEMENTARY PLANNING GUIDANCE
- PARISH 'WISH LIST'
- SAI PANEL
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6. THE DECISION MAKING PROCESS
- DELEGATED/COMMITTEE APPLICATIONS
- Listing system
- Government target to deal with 90% of applications under delegated powers
- THE ROUTE TO DETERMINATION
- Delegated report system
- Committee report lead in times
- Agenda planning
- Role of Principal Planning Officers
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7. CONDITIONS
- CIRCULAR 11/95 TESTS
- reasonable
- precise
- necessary
- enforceable
- defensible
- directly related to the development
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8. APPEALS
- APPEALS
- AGAINST NON-DETERMINATION
- AGAINST REFUSAL OF APPLICATION
- AGAINST A CONDITION IMPOSED
- METHOD OF APPEAL
- WRITTEN REPRESENTATIONS
- HEARING
- PUBLIC INQUIRY
WDC receive about 150 appeals per year - the Government target is to win at least 60%
and the current position this year is that WDC has won 58%.
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9. ENFORCEMENT OF PLANNING CONTROL
- WDC TARGETS
- To visit 80% of sites requiring a visit within 5 working days
- To visit 100% of sites requiring a visit within 10 working days
- To respond to 80% of complaints within 10 days
- To respond to 100% of complaints within 20 days
- WDC ENFORCEMENT POLICY
- WDC LEAFLET ON ENFORCEMENT
- USING ENFORCEMENT POWERS
ENFORCEMENT ACTION IS DISCRETIONARY
ENFORCEMENT OF PLANNING CONTROL
DO
- Have an enforcement policy
- Have regard to the provisions of the development plan and other material considerations
- Investigate complaints thoroughly and act promptly
- Keep accurate records including photographs where possible
- Use appropriate investigative powers
- Be clear and precise in specifying breaches and requirements
- Set priorities for enforcement action
- Be flexible and consider genuine alternative solutions
DON'T
- Enforce solely to regularise acceptable development
- Give weight either way to the fact that the development has already taken place
- Have regard to other immaterial planning considerations
- Seek to restore land to a better condition than it was before the breach took place
- Require immediate compliance with an enforcement notice
- Forget that some Magistrates Courts see few enforcement cases
- Be influenced by threats or other irregular pressures
ENFORCEMENT OF PLANNING CONTROL
ENFORCEMENT TOOLS
- Planning Contravention Notice (PCN)
- Breach of Condition Notice (BCN)
- Enforcement Notice
- Stop Notice
- Section 215 Notice
- Injunction
- Prosecution
- Direct Action
- Other issues
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10. CURRENT ISSUES
- Pre-application advice and permitted development enquiries
- Planning Development Grant
- Leaflets
- www.wokingham.gov.uk
- Intensive weeks
- Report writing days and Duty Officer system
- Committee meeting
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11. FUTURE ISSUES
- E- Government
- Downloadable application forms
- Plans on the web
- Potential for work-flow software and ability to check application process on-line
- The Planning Portal
- Use of e-mail for consultations
- Ability to access scanned files and plans through the web
- Potential for the use of hand held computers
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