clovehitched ([personal profile] clovehitched) wrote2010-08-25 12:45 pm

Planning Permission

In Cambridge, all City (District) Councillors have to do planning permission. Trivial stuff (can I put a sign in front of my shop please?) is handled by the planning officers under delegated powers. Big stuff (can I build a new shopping centre/development of 50 houses/90 acre cat flossing complex) is handled by the planning committee, and stuff in between (can I build a new bungalow in my garden/change this shop into flats/etc.) is handled by the area committees. Every councillor is on an area committee, so every councillor has to do planning.

I had my first area committee last week (technically it was my second, but my first was while I was in the US., so I had to give my apologies), and so I got to hear planning applications for the first time.

I'm not going to go into the ones we heard (if you're really interested, you can dig around on cambridge.gov.uk and find them - it's all on there). The planning applications were heard later in the evening, after we had discussed development of public facilities, policing priorities, etc., and the first thing I noticed was that a bunch of councillors thwarted the "everyone must do planning" bit by buggering off in the tea break, so if you are a Cambridge resident I would only urge you to go along to your next area committee to see if your elected representative is doing their job - there are elections to the city council 3 years out of every 4 and the next is in May 2011...

Anyway, the second thing I learned is that, despite being daunted, it's actually a really fun activity for those of a slightly geeky persuasion. The way it works is that a planning officer makes their reccomendation, and it is up to councillors whether to accept that recommendation, or diverge from it. The divergence could be something as simple as changing the conditions (e.g. "Actually, we will let you open your shop until 20:00 and not just 18:00", or "This window has to be frosted", and so on), or disregarding the recommendation completely and voting to decline permission where acceptance was recommended, or vice versa.

The catch is that you can't do this freely - there are rules, and that's where the geeky bit comes in. In addition to central government rules and guidance, there is also "The Local Plan", which is the council's own planning policy, describing what sort of development is to be done in Cambridge. Any point where you diverge from officer recommendations needs to be done in a way that can be justified by a reasonable interpretation of the Local Plan.

That bit is the best bit, IMO. Not only am I helping my community by trying to ensure the best urban environment is provided, but there's this dance of strategy going on between the councillors and the developer. The latter will want to get as much as they can with the smallest number of concessions as possible, in general, and we are there to try and keep them honest. We have to do it in such a way that anything we rule on stands up to scrutiny however, otherwise the developer could not only get the decision overturned at appeal - they may get costs awarded as well, if we are seen to have acted unreasonably.

Hopefully we can meet somewhere in the middle, in a position that everyone is reasonably happy with, and getting there is the challenge, and one that I think I'm going to quite enjoy over my term of office.

Hmm, wonder if I should apply to be on the central planning committee next year?

Also posted at http://auntysarah.dreamwidth.org/245256.html - you can comment here or there.

[identity profile] geekette8.livejournal.com 2010-08-25 12:09 pm (UTC)(link)
I do actually find the whole planning process quite fascinating, and it's one of the things I marvel at when I think at how far we have evolved and how far our civilisation has developed.

I have an excellent book at home on the subject... if I remember, I'll look it up tonight and let you know the details.
ext_8007: Drinking tea (Default)

[identity profile] auntysarah.livejournal.com 2010-08-25 12:42 pm (UTC)(link)
Ooh, sounds interesting.

And if you find yourself bored, why not stand for South Cambs District? You'd probably enjoy it.

[identity profile] geekette8.livejournal.com 2010-08-25 12:47 pm (UTC)(link)
I would definitely enjoy it a lot!

It's the "finding myself bored" bit that tends to be the problem, what with having a full time job, a 7 year old child, and a relatively big house and garden :-)

Give it another 10 years or so, when I'm an empty-nester (and will obviously also have made my fortune to pay for a full set of household staff) it'll be more likely. :-)

[identity profile] geekette8.livejournal.com 2010-08-25 06:13 pm (UTC)(link)
Got it - "Understanding the Development Jigsaw - A user's guide to procedures", by Wendy Le-Las.

It's written from the perspective of a user of planning services, obviously, and it's also mostly about how to get the result you want, but it is an excellent overview of the relevant laws and guidances and how they all fit together.

</total planning geekery>

[identity profile] techiebabe.livejournal.com 2010-08-25 12:34 pm (UTC)(link)
My experience here is that planning officers are so cautious about doing everything correctly so that they can't be criticised in any appeal, that it is a bit stifling. For example someone they COULD shut down immediately, would be in their rights to, but decide to leave it a month in case they decide to apply for retrospective planning (which wouldn't be granted anyway). Etc.

So then I lean on my councillors to chase. And they must be sick of hearing from me.

Is there a conflict if you've had your constituents asking you to pursue a particular application, and then you're on the panel when it comes up?
ext_8007: Drinking tea (Default)

[identity profile] auntysarah.livejournal.com 2010-08-25 12:41 pm (UTC)(link)
I get the feeling that officers are sometimes secretly happy when we go against their advice. We can't be fired other than by the electorate. They can.

Is there a conflict if you've had your constituents asking you to pursue a particular application, and then you're on the panel when it comes up?

No, as long as I haven't fettered my discretion. In other words, I can listen to concerns, meet residents, etc., but I can't tell them what I think, or give any suggestion of a closed mind before the meeting - I have to be open to being swayed by my colleagues' debate, otherwise I have a bias and must exclude myself from the process.

Also, there's a lot of development coming up which is very close to where I live, and I keep getting notice of planning applications from the council, as a resident. In those cases I have less power than anyone else. I cannot rule on those cases, and when they are being discussed I can't even be in the room - not even the public gallery. I am allowed to speak as a member of the public, but I must be outside the room before I speak and leave immediately afterwards. In that situation, I'm in the ironic position of needing my other ward councillors to represent me, both of whom are Labour! (We have a reasonable working relationship when it comes to community development though)

[identity profile] valeriekeefe.livejournal.com 2010-08-25 05:39 pm (UTC)(link)
*blinks* While all this is quite interesting, have you got an over-under yet on when we can expect you to morph into Agnes Moorhouse?

Actually, it's quite interesting... makes me lament my 'habit' of finishing dead last in elections.

[identity profile] zoefruitcake.livejournal.com 2010-08-25 12:46 pm (UTC)(link)
shame they don't all enjoy it as much as you, if they all slope off at tea time

[identity profile] krissie-r.livejournal.com 2010-08-25 02:59 pm (UTC)(link)
Of course, planning commitee members can become quite unpopular when it all goes wrong...

... see the Island Farm application at Bridgend from a few years back... Council leader (Jeff Jones) very much wanted it to happen his way.

[identity profile] emmajnation.livejournal.com 2010-08-26 01:18 am (UTC)(link)
Is that this (http://www.bridgend.gov.uk/web/groups/public/documents/press_release/016285.hcsp)?

[identity profile] krissie-r.livejournal.com 2010-08-26 01:27 am (UTC)(link)
Yes, that'll be it. That's the case before court after the developers (macob) suffered a case of sour grapes when the newly elected council, with popular support, turned down the application that the previous council leader, Jeff Jones, tried to push through come hell or high water (he's a bit of a rugby fan lol) ... The whole thing happened over years and was completely insane.

[identity profile] emmajnation.livejournal.com 2010-08-26 06:02 pm (UTC)(link)
Yes, my cousin lives just round the corner from there ...

[identity profile] notinventedhere.livejournal.com 2010-08-25 09:36 pm (UTC)(link)
The catch is that you can't do this freely - there are rules, and that's where the geeky bit comes in. In addition to central government rules and guidance, there is also "The Local Plan"...

Ah - memories of my degree. Local Plans, different levels of planning bureaucracy... I agree - it is fun!

"This window has to be frosted"

Actual excerpt from our current planning permission negotiations...