Planning and Consultation
Planning is the legal framework and process by which the future of cities, towns and the countryside is decided upon and controlled. Development is controlled at a local level by the Local Authority’s Planning Department. Consultation is an important part of the Planning process in that it helps ensure that projects can demonstrate they are in the public interest.
Planning legislation has been constantly evolving since the original Town and County Planning Act 1954, and will continue to evolve in response to the ever-changing world we live in. Environmental issues such as Flooding, Energy conservation, use of resources, CO 2 emissions, etc, will no doubt dominate the changes.
The growing list of Planning Policies, and changes to them, makes the Planning process increasingly complex. It is advisable to employ a Planning Consultant and/or Chartered Architect to manage the process.
In response to all the different Policy requirements Planning applications have to be supplemented by a myriad of documents and reports, which on top of the Planning fee, makes the process expensive. The cost of the Planning process needs to be budgeted for at an early stage. In situations where Planning permission is a pre-requisite of the Funding stream, consultants may help share the risk of this cost by back-loading their fee structure; receiving a percentage of the fee upon determination of the Planning application. It is unlikely however that the producers of the Supplementary reports will do likewise.
Careful management of the process from the start will result in efficiencies in time and cost. Before the majority of reports have been commissioned, the principles of the project can be discussed with the Planning Department through the submission of a Pre-Application document. This will contain initial design proposals that respond to the project Brief, site constraints and opportunities, and responses to the main Planning issues. Some Local Authorities will charge a fee for this process. The minimum number of Supplementary documents required to get the subsequent application validated should be agreed at this stage.
Once the principle of development has been accepted a Public Consultation exercise can be carried out. Planning is a public process, and as such, can involve a large number of people. This can make the process very rewarding, or very frustrating, and often both. It is a good idea to undertake public consultation as early as possible; discussion can concentrate on principles and objectives of the project, making it easier to take on board any major concerns raised. Early presentations to local Councillors and Parish Councils may prove beneficial also. The results of the consultation exercise(s) will be documented in the form of a Statement of Community Involvement, and submitted with the application.
If any critical Planning issues have been raised at this early stage, such as Flood Risk for example, early consultation with the relevant Statutory Consultee (e.g. Environment Agency) should take place.
Design quality is high on the agenda of Government, and their advisory body, CABE (the Commission for Architecture and the Built Environment). It is becoming increasingly common that projects are ‘encouraged’ by Local Authorities to undergo a Design Review, whether at a local, Regional or National level. The Local Authority will advise on the appropriate Review procedure.
Once the scheme has evolved to incorporate the main issues raised during the pre-application process, the Planning Application can be submitted. The application should take up to 13 weeks to be determined, once Validated. Continued dialogue with the Planning Department is important. The primary effort is to get a Recommendation for Approval from the Development Control Officer. The Recommendation will then form the basis of either an Approval under Delegated Powers, or a report to the Planning Committee who will make their own judgement. The public, and Councillors, do have the right to object to the proposals through the application, so the value of the early consultation should ensure local concerns are minimised. Committee members are naturally responsive to reasonable public objections, and can often vote against their Officer’s Recommendation.
A well managed and high quality application that shows appropriate respect for the context and community should stand a good chance of obtaining a Planning Approval.
Appeal procedures are available to applicants if the result goes against them.
Avoid complacency, and any thoughts that a Planning Approval is a foregone conclusion. The increased complexity, increased number of consultees and public involvement, means that a problem or issue could surface at any time. Risk items should be identified as soon as possible, and managed as carefully as possible by the consultant(s). The process can be managed to a large degree, but it would be extremely difficult to find a Consultant who would be foolish enough to guarantee a Planning Approval.
Avoid rushing the process, for the very same reasons. Local Authorities do understand the commercial pressures of the development process, and will often help to streamline the process as much as possible, within the guidelines, but this should not be relied upon.
Avoid spending money too early in the process. The pre-application discussions and Public Consultation exercises are valuable in identifying areas of Planning risk at an early stage. If the risks are deemed to be too high, then wasted time and expenditure have been kept to a minimum.
Avoid relying on the Appeal route if possible. The Planning Inspectorate will take an objective view of the project in Planning Policy terms, and is therefore a bit more predictable. There are still no cast iron guarantees, however, and the other main problem is the timescales; 3 to 9 months depending on complexity of project, and appeal route chosen.
Commission for Architecture and the Built Environment (CABE): www.cabe.org.uk
Government Planning website: www.planningportal.gov.uk
Royal Institute of British Architects (RIBA): www.architecture.com
Royal Town Planning Institute(RTPI): www.rtpi.org.uk