Participants in Planning

1. Participants in Planning Penri James 2007-08

2. Participants

3. Statutory consultees Environment Agency Highway Authority Neighbours Listed Buildings English Heritage Cadw Historic Scotland Conservation Natural England Countryside Council of Wales Scottish Natural Heritage

4. Environment Agency Main source of planning advice on water resources and water quality waste and landfill flood risk pollution prevention biodiversity foul and surface water drainage Objection to application is a de facto veto on development Increasing influence on development on flood plains Increased flood risk due to climate change (link) Capacity of sewerage infrastructure frequently cited

5. Highway authority Impact of development on transport infrastructure Provide advice to Planning Officers, Members and Developers on planning applications Advice based on national policy statements, TAN.s, PAN�s and Good Practice Guides Local Authority Highways Department Highways Agency

6. Conservation (Environment) Bodies Effect of planning application on environment particularly in proximity to SSSI and SAC Natural England Countryside Council for Wales Scottish Natural Heritage

7. Conservation (Building) Bodies Statutory responsibilities on Listed Buildings and Scheduled Ancient Monuments English Heritage Cadw Historic Scotland

8. Listed buildings Set up under Section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 Requires government to draw up a List of Buildings of Special Architectural or Historic Interest

9. Listed buildings Assessment of structures undertaken by Inspectors of Historic Buildings Properties are listed in three categories:- Grade I - Buildings of exceptional interest Grade II � Buildings of special interest Grade II* - Particularly important buildings (A,B,C in Scotland)

10. Listed building consent An owner of a listed building has to obtain Listed Building Consent (LBC) from the local planning authority before carrying out work that will change the character of the building If the planning authority considers that consent should be granted then referred to English Heritage, Cadw, Historic Scotland for consideration.

11. National Trust National Trust Act of 1907 National Trust Planning Principles ��1. The Trust will seek to influence the Planning system at local, regional and national levels in accordance with our statutory purpose and will promote an integrated approach to sustainable development�.�

12. Community & Parish Councils Not present in all areas Third tier authority NOT a statutory consultee but many planning authorities consult in order to gain local perspective E.g.Ceredigion County Council send planning application details and development control committee agenda to community councils for comment.

13. Pressure groups Set up to influence Government on particular issues Environmental groups concerned about the effect of planning CPRE, CPRW, Friends of the Earth Conservation groups concerned about the conservation of buildings Society for the Protection of Ancient Buildings National single issue groups Transport - Sustrans Local single issue groups

14. Elected members Members of the Local Authority May or may not be Members of the Development Control/Planning Committee Governed by the Code of Conduct

15. Elected Members

16. Local Member Provide advice on planning procedures Campaign on behalf of local residents Hold site meetings with officers, developers and objectors If a member is a member of the development control committee and publicly states a view prior to the committee meeting then he/she is disqualified from participating in the matter Requirement to hear all the evidence before making a decision

17. Case study - Liverpool Football Club Development of Centenary Stand 1980�s Season ticket holders and other members of Liverpool City Council Development Control Committee were wined and dined by LFC Labour Group enacted a three line whip to pass the application Local residents took the matter to the High Court on the ground of abuse of process The Court found in favour of the residents

18. Nolan Report The Committee on Standards in Public Life was established by John Major, the then Prime Minister in October 1994 Chairmanship of Lord Nolan �� to consider standards of conduct in various areas of public life, and to make recommendations��

19. The Seven Principles of Public Life Selflessness Holders of public office should take decisions solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family, or their friends. Integrity Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might influence them in the performance of their official duties. Objectivity In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.

20. The Seven Principles of Public Life Accountability Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office. Openness Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands. Honesty Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest. Leadership Holders of public office should promote and support these principles by leadership and example.

21. Standards of Conduct in Local Government in England, Scotland and Wales. Third Report of the Committee on Standards in Public Life a clear code of conduct for councillors developed by each individual council within a framework approved by Parliament; that each council should have a Standards Committee to deal with matters of propriety and to have powers to recommend to the full council that errant members should be disciplined; the creation of new Local Government Tribunals to act as independent arbiters on matters relating to councils' codes of conduct and to hear appeals from councillors and others; the involvement of the courts in imposing penalties for misconduct, to replace surcharge; following consultation, a new statutory offence of misuse of public office.

22. Declarations of Interest a public register of interests covering the pecuniary interests of a councillor, close family members and members of his or her household; and non-pecuniary interests which relate to the councillor's service on bodies with which the council is associated. all relevant interests should be declared at meetings. There should be a graded response up to and including withdrawal from the meeting by the councillor where there is a real danger of bias, but in lesser cases it should be possible for a councillor to participate in the meeting and, in some cases, to vote;

23. Members of Planning Committees All members of an authority's planning committee (or equivalent) should receive training in the planning system, either before serving on the committee, or as soon as possible after appointment to the committee. Planning committees should consider whether their procedures are in accordance with best practice, and adapt their procedures if necessary, setting them out in a code accessible to councillors, staff, and members of the public. The Department of the Environment (and the Scottish and Welsh Offices) should consider whether present legislation on planning obligations is sufficiently tightly worded to prevent planning permissions from being bought and sold. The Departments should continue to reduce the time taken for planning appeals to be arranged and should set demanding targets to that end.

24. Members of Planning Committees Local authorities should adopt rules on openness that allow planning agreements to be subject to discussion by members of the authority and the public. They should not restrict access to supporting documents except where justified by the requirements of commercial confidentiality, which should be interpreted narrowly. The Government should require authorities to notify the appropriate Secretary of State of all planning applications in which they have an interest, either in the development or in the land, either where the proposed development is contrary to the local plan, or has given rise to a level of objections regarded by the appropriate Secretary of State as substantial. The Government should be more ready to use its powers to call in all major planning applications handled by an authority where, over a period of time, there is substantial public concern about that authority's decision-making procedures.

25. Committee on Standards in Public Life http://www.public-standards.gov.uk/

26. Standards Committee � local authority Independent members Limited local authority member representation Chaired by an independent member Monitoring Officer provides legal advice Decide on dispensation for members to speak and vote on matters where they are perceived to have an interest

27. Local Government Ombudsman Sanction and discipline breaches of the Code of Conduct Suspend or disqualify members from a local authority Planning matters Cannot overturn the decision Determine whether the Authority has acted incorrectly and can order the authority to pay damages to the complainants.

28. Officers Employees of local authority Posses planning or related qualification Some may have professional planning qualifications

29. Officers Key roles Provide pre-application advice Receive and enter applications onto planning register Evaluate application on policy grounds and write report Assist in the determination process Communicate decision to applicant Bound by Code of Conduct for Officers

30. Typical structure of Planning Department in Local Authority

31. Government Responsible for national policy Responsible for national planning system

32. Neighbours Statutory consultees Smaller developments Letter, Signpost, Web Larger developments Newspaper as well Planning register is an open register for all to view Only legal advice to officers is exempt

33. Neighbours - issues Relevant What the proposal looks like Traffic Potential parking problems Overlooking Loss of light or privacy Impact on the local environment. Not relevant Possible loss of value Disputes between neighbours Restrictive covenants Ownership Disturbance during construction Party wall issues are a civil matter Comments are available to applicants and the public to view

34. Local residents More likely to be an objector rather than supporter � maintain STATUS QUO Concerned by effect of development on:- Own property Issue of specific concern e.g. green, conservation Issue of local concern e.g. traffic, overdevelopment Sometimes object for the sake of objecting

35. NIMBY Not In My Back Yard In favour of development elsewhere but not in own locality

36. PIMBY/YIMBY Please In My Back Yard Yes In My Back Yard

37. BANANA Build Absolutely Nothing Anywhere Near Anything

38. CAVE people Citizens Against Virtually Everything

39. Drawbridge mentality Drawbridge mentality describes the attitude of people who inwardly migrate to more exclusive or more unspoiled communities and thereafter campaign to preserve the tranquillity of that community by opposing further inward migration by people or businesses and, possibly, any development or refurbishment, including plans put forward by those already located there Particularly true in National Parks and AONB

40. Developers Private Individuals Builders Building companies Speculators Architects

41. Development process