Bryce
Tudball, Head of Spatial Planning presented the report
for National planning reforms –
The following was
noted in response to questions from the committee:
- It was
noted that a wide range of stakeholders, including this Council and
the sponsor of the consultation, did not consider that the proposed
changes would necessarily achieve the intended outcomes. A
number of councils had expressed the view that the proposals
would not address the root causes of issues relating to housing
delivery. Similarly, several developers and landowners
had indicated that they did not consider the changes
would be effective.
- Members
heard that a criticism of the current Building Regulations regime
was that it did not secure genuinely net zero development. The
London Borough of Haringey, along with many other authorities,
had sought to exceed national energy efficiency
standards. The energy policies within the draft Local Plan went
significantly beyond Building Regulations requirements. Officers
advised that if the Council were restricted to delivering only
Building Regulations standards, this would represent a
reduction in energy efficiency performance compared to the
standards the authority sought to achieve. This was
identified as a principal concern.
- In
relation to energy efficiency improvement schemes, officers
explained that Government operated a range of
programmes providing professional advice,
practical support and/or
financial assistance to enable property owners to improve
energy performance. At any given time, a variety of schemes were
available, including grants to support the installation of measures
such as air source heat pumps. These measures were typically
expensive, and Government contributions generally
ranged between £1,000 and
£5,000.
- Members
congratulated officers on drafting an effective response letter
which comprehensively addressed the concerns
raised.
- Regarding the proposed changes to
the Mayor’s call-in powers, officers clarified that
the proposal related to circumstances where a local planning
authority was minded to refuse a scheme. It was noted
that it was relatively rare for the Council to be
minded to refuse a major application that had progressed
to Planning Committee. Nevertheless, it was acknowledged that there
would occasionally be schemes that did not meet
the appropriate standards. Whilst the number was likely to be
small, the principle remained a
concern.
- In respect
of Community Infrastructure Levy (CIL) relief, officers advised
that relief of 50% or greater was conditional upon meeting the
proposed minimum affordable housing threshold of 20%, with higher
levels of relief available where higher affordable housing
provision was secured.
- Officers
emphasised that local support for development proposals was
contingent upon schemes meeting evidenced housing needs. In this
borough, identified need was principally for affordable
housing. Therefore, if proposed changes to thresholds resulted in
reduced affordable housing delivery, this was likely to weaken
local support. In addition, lower CIL receipts would result in
reduced funding for local infrastructure. Consequently, communities
would perceive that developments were delivering fewer local
benefits, which could further reduce public
support.
- In
relation to proposals emerging from the Greater London
Authority (GLA) and the Ministry of Housing, Communities and Local
Government (MHCLG), officers advised that a consultation
had taken place prior to Christmas and had recently closed. Whilst
feedback would be reviewed in detail, previous engagement
with both authorities had indicated that the substantive
changes were likely to proceed, albeit with potential minor
amendments.
- With
regard to the draft National Planning Policy Framework (NPPF),
officers advised that the consultation remained open.
Although a significant volume of representations
was anticipated, the overarching policy direction appeared
clear. It was therefore expected that most of the proposed changes
would proceed, subject to minor refinements.
- Members
also referred to the Planning and Infrastructure Act, which was now
in force. The Act provided that councils could set their
own planning fees. Officers advised that the Council was
awaiting secondary legislation
which would establish the detailed process and
requirements for implementing this power.
- Officers
confirmed that they were not aware of any announcements relating to
“new burdens” funding. In its response to the GLA and
MHCLG consultation, the Council had highlighted that the proposed
changes were complex and potentially bureaucratic,
and could place additional administrative burdens on
local planning authorities whilst reducing financial contributions
from developers. The Council had therefore expressed concern and
had indicated that, should the
proposals proceed, appropriate support for local
authorities would be required.
- Members
were advised that changes to planning Use Classes had reduced the
Council’s ability to control the composition of uses within
town centres. In many instances, a retail unit could change to
another use within the same Use Class (for example, to a
barbershop) without requiring planning permission. As such, there
was often no planning control over such changes, which
were largely driven by market demand.
- In
response to a query regarding independent shops, officers advised
that there were no planning mechanisms enabling the Council to
distinguish between chain and independent operators (for example,
between a chain supermarket and an independent food store, or
between a chain and independent coffee shop). Whilst broader
place-making initiatives and environmental improvements could
support town centre vitality, the planning system did not provide
tools to differentiate between business ownership
models.
- In
relation to licensing and the Agent of Change principle, officers
explained that where an existing use was established, any new
development would be required to mitigate impacts so as
not to cause unacceptable harm to existing occupiers. Equally,
where residential properties were already present, a new venue
would be required to ensure that there was no
unacceptable impact on residential amenity. These matters were
addressed through the existing planning and licensing
frameworks.
- It was
acknowledged that sections of the borough’s High Road
required regeneration.
- Finally,
officers noted concerns that the proposed changes could curtail the
standards the Council was able to apply across a range of planning
matters. Members also raised concerns regarding the
removal of certain statutory consultees. Officers advised
that, notwithstanding any change in statutory
requirements, the Council would continue to apply a proportionate
risk-based approach to consultation. Where consultation was
considered necessary and beneficial, it would continue to be
undertaken to ensure that appropriate input was secured
at the correct stage of the process.
Catherine Smyth,
Head of Development Management and Enforcement presented the report
for development management and enforcement –
The following was
noted in response to questions from the
committee:
- Officers advised that the Enforcement and Appeals Team
Manager was responsible for reviewing appeal decisions as
they were received. A report was presented to the Planning
Board on a monthly basis setting out appeal outcomes,
including which appeals had been allowed or dismissed. The Board
considered whether any patterns were emerging and whether
any lessons could be learned in respect of
decision-making.
- It was
reported that there were no significant or recurring
patterns identified. Applications were refused for a range of
reasons, and appeal outcomes reflected individual case
circumstances rather than any systematic issue in the
Council’s approach. Accordingly, there were no specific
trends requiring targeted intervention at this
time.
- Members
were advised of a correction to previously reported figures in
relation to enforcement decisions and cases determined within eight
weeks. The correct figure was 48%, not 85%.
- In respect
of Houses in Multiple Occupation (HMO) referrals, officers reported
that a significant number of cases had been referred by
the Private Sector Housing Team. That team had adopted a proactive
approach to identifying potential HMOs and referring
cases for planning enforcement investigation. Close joint working
arrangements were in place, with referrals accompanied by
supporting documentation including plans,
licensing information and relevant contact details. This
enabled the Enforcement Team to prioritise cases efficiently
without needing to undertake preliminary information gathering. The
collaborative process had been operating effectively to
date.
- However,
it was noted that the Enforcement Team remained significantly
stretched due to the volume of cases under investigation. Officers
expressed the hope that additional resources would be
secured from the Regulatory Services Team, which could have a
positive impact on enforcement performance over the coming
year.
Bryce Tudball, Head
of Spatial Planning presented the report for
spatial planning –
The following was
noted in response to questions from the
committee:
- It was
noted by members that it was positive to see the response to the
local plan consultation from residents.
Denis Ioannou, Head
of Building Control presented the report
for building control.
The following was
noted in response to questions from the
committee:
- Officers advised that applicants undertaking building
works, such as residential extensions, were able to choose between
using a private sector Approved Inspector or the
Council’s Building Control service. It was reported that,
over a number of years, the Council had experienced a
reduction in market share, with an increasing proportion of
applicants opting to use private inspectors. This trend had
continued for a variety of reasons.
- Members
were informed that the number of events at Bruce Castle Park had
increased in recent years. In the previous year, 11 events had
taken place, which had been serviced by two
officers. Particular concern was raised in relation to
concerts, as these required the issuing of a Special Safety
Certificate in order to proceed lawfully where they
were not otherwise licensed. Officers advised that capacity
pressures within the team had presented challenges in meeting these
regulatory requirements.
- It was
noted that the Safety at Sports Grounds Association, which provided
oversight and guidance in this area, had been made aware of the
Council’s reduced capacity. A meeting had taken place with
the Chief Executive to highlight the resourcing issue and the need
to strengthen the team.
- Members
were advised that Local Authority Building Control (LABC), the
national body representing local authority building
control services, had been promoting apprenticeship routes into the
profession and had accessed Government funding to support this
initiative. However, a key constraint was the limited number of
experienced surveyors available to supervise and train apprentices,
whilst also maintaining existing
workloads.
- It was
explained that entry onto apprenticeship schemes had historically
been available to individuals from trade backgrounds as well as
those with relevant degrees, who were then placed on structured
training programmes to gain professional competence. Officers
estimated that it could take approximately ten years to
develop a fully experienced and registered Building
Inspector
- Concern
was expressed that a number of experienced surveyors who
had worked in the sector for many years had left the
profession as a result of the introduction of
the new registration system. It was suggested that there
may be merit in seeking to encourage such individuals
back into the industry.
- Officers
further noted that the Building Safety Regulator had experienced
backlogs, particularly in relation to high-rise residential
buildings. In response, adjustments had been made to allow
surveyors with a lower classification to undertake more minor works
within high-rise blocks. It was considered that the regulatory
framework was continuing to evolve in order to address
short-term operational challenges.
RESOLVED
To note the report.