Agenda item

Planning Appeals Status Report

Minutes:

The Committee considered and discussed the report presented by the Service Lead, Planning Strategy and Development Management outlining the current performance in respect of planning appeal decisions.

 

Members were pleased to note that the success rate on planning appeals had improved from last year. The Service Lead, Planning Strategy and Development Management reported that 72.2% of appeal decisions had been won this year compared to 64.3% last year.  Members also noted that the figure was in excess of the national level of the Planning Inspectorate statistics which was a good reflection on the quality of decision making.

 

The Service Lead, Planning Strategy and Development Management highlighted that a high number of decisions that had been lost were on house extensions.  The Planning Inspectorate felt the harm identified had been insufficient to justify refusal which suggested the level of harm had to be quite severe.  The Service Lead, Planning Strategy and Development Management advised members to be aware of this in future decision making.

 

Discussions covered:

 

·         Clarification was sought on what the approach should be taken with the Planning Inspectorate when different decisions had been made on properties that were in close proximity to each other.  In response the Service Lead, Planning Strategy and Development Management advised to contact the Planning Inspectorate Complaints Team.

·         A query was raised on the appeals process and whether the council had powers to request landowners to keep their land tidy.  In response the Service Lead, Planning Strategy and Development Management advised that Enforcement Officers have the power to issue Section 215 Notices.

·         Concerns were raised that the Planning Inspectorate should make the reasons for their decisions clear as they can be open to legal challenge and the cost of a legal challenge is expensive.

·         Members thanked officers and members from the previous committee for all their hard work in improving the appeal statistics.

·         Clarification was sought on supporting evidence to show that house extensions increased the housing stock.  In response the Service Lead, Planning Strategy and Development Management advised he was not aware of any formal evidence but suggested anecdotally it was the government’s thinking that multiple generations are now living the in same household.

·         Concerns were raised that members need to understand Section 215 powers.   In response the Service Lead, Planning Strategy and Development Management advised if members were in agreement he would provide a briefing paper on the powers of a Section 215 but highlighted it was not an area of concern.  The Strategic Lead, Governance and Licensing and Monitoring Officer referred to government guidance of trying to negotiate breaches first and highlighted it is a settlement approach rather than a hard enforcement approach.

·         Members welcomed the suggestion of a training session on planning enforcement and its protocols with an invite extended to Development Management Committee members and, if required, a briefing note to be brought to committee after the training session.

 

RESOLVED:

1.    That the Council’s success rate on planning appeals over the last year has improved from 64.3% in the 2017 – 2018 monitoring year to 72.2% over the last year be noted,

2.    That the trends in appeal decisions identified in the report particularly the substantial harm that needs to be identified to successfully defend the refusal of household extensions be noted.

Supporting documents: