Neither big nor clever

Your Local Development Scheme. A pain? A millstone? An enigma wrapped inside a tissue of lies? It doesn’t have to be any of those things. All you have to do is get a page on your website which puts the formal stages up and, usefully, any forthcoming consultations. Then, set out when you’re planning to meet them and….that’s it. Yes, really!

If you have to change it, just alter it and show how it has changed. You could even try seasons for things in later stages.

So why is it that so many authorities keep republishing 10, 20 or 30 plus pages? They lovingly describe the heartbreaking lack of progress to date, the endless consult-a-go-rounds that have happened since 2010. They highlight that wonderful period from 2011 to 2015 when you were ‘going through the representations’ before returning to a ‘further additional extra this time I know it’s for real’ preferred options (with time allowed for further modifications). There are pages and pages about documents already adopted and usually lots of legal gumph about prescribed periods and out of date regulation numbers.

So, that’s the LDS. Make it a ‘one-page web-page next-bus-style announcement using seasons not months’.

But how do you know you’re getting close to getting that assessment of time right? What lies beneath? How will you make sure you meet those milestones so that when DCLG come calling you can tell them….that everything is on track, thank you for the interest.

At PAS, we have been looking at the main reasons where slippage has occurred. Whilst there is a chance that in some cases, it would have been almost impossible to avoid, it is almost always possible to see it coming.

So, to give you every chance of planning ahead, setting and agreeing a timetable that can withstand the forces of evil that seek to derail, we have come up with….a sort of a table and a chart and some words.

It isn’t big, just like your LDS shouldn’t be, and it isn’t particularly clever, just like the person who wrote it. It’s just something for you to be able to refer to, to take a breath and just scan the horizon. Take stock of what you have, assess what you need, and understand who to involve and when.

It’s available to all our subscribers, and open for comments from you to suggest improvements. Many thanks to the people who helped us to make it by contributing their thoughts and coming along to the event.

Community Infrastructure Levy hits Housebuilding – If only it were that simple!

Savills’ recent report, referred to by Planning and the FT – http://offlinehbpl.hbpl.co.uk/NewsAttachments/RLP/SpotlightCILIs_it_delivering.pdf – seem to suggest the correlation between introducing a CIL and an area not being attractive for house building is simple. I don’t think it is a clear correlation to say CIL makes the area less attractive for house building.

Firstly there are very few authorities with CIL – many of them have relatively recently adopted it – Savills’ evidence base is not huge (16 local authorities). Nearly all of those that have a CIL already had a plan in place. These may have already consented much of their growth and will have allocated sites that have been the subject of planning consents that are already being built out – in the best plan led fashion. That cannot be said for all the authorities in the country.

Also, as identified by Savills, there is a huge a spike in the numbers of planning applications being granted subject to s106 obligations at every authority pre the adoption of a CIL. Many of these schemes have been in negotiation for years and to start again with discussions in a CIL world would not be desirable –although the decision rests with the developer. It is also worth bearing in mind that a lot of applications will have been hanging around for some time pre CIL as developers want a planning ‘decision’ and by that they often mean the resolution to grant subject to a s106. They are not always in a hurry to complete the s106 as they are not intending to go straight on site and the resolution will be enough for them to work on. However an authority’s decision to adopt CIL gives a new imperative to get the s106 sorted.

To compare these limited CIL authorities with the rest of the country is very misleading- it should be noted that areas without CIL are also usually areas without a plan and probably, in a lot of cases, without a five year housing land supply. These areas are magnets for developers seeking consents on unallocated land under the NPPF- the rush has been on to get planning permission on these non-plan led sites – increasing the number of houses granted in some areas.

In terms of getting money in – that only happens in a CIL regime when the development starts and in the cases of authorities with an instalments policy later still. So it is not surprising that these 16 authorities, after only a year, have little to show so far considering: the post adoption lull of consents, then the normal lag to get development on site, the developer focus on areas which are targets for non-plan led housing, and that CIL money at most authorities will only ever be able to contribute a relatively small proportion of the overall infrastructure costs associated with the growth plan.

Savills do make a very good point that CIL does not get collected from the broad range of development originally envisaged and the amount the charging authority are able to collect has been reduced due to the neighbourhood proportion, the changes in exemptions including self-build. Most authorities with large strategic sites appear to be sticking to the use of s106 with zero or low CIL for broader strategic infrastructure – this aids the delivery of key infrastructure on these large sites. Where possible, and the CIL/s106 rules allow, CIL will be best used as match funding or part of a wider funding strategy bring in money from LEPS, City Deals, New homes bonus, business rate retention etc. for strategic or sub regional infrastructure; but all of this takes time to implement. Many charging authorities (District level) have not had the experience of pulling together funding, forward funding, and delivery of major infrastructure. This is a whole new area where they will need to develop the skills and mechanisms to deliver projects themselves or with others. Having available mechanisms for future funding infrastructure and available advice for these authorities will help the delivery of infrastructure projects in these areas.

Staying afloat as cuts bite

I spent a few hours the other day with the senior management team of a planning and regeneration service. The session was to think about how they would deal with significant budget reductions up to 2020.

As the LGA reported in the Future Funding Outlook 2014 (see also Under Pressure – how councils are dealing with cuts), “ With social care and waste spending absorbing a rising proportion of the resources available to councils, funding for other council services drops by 43% in cash terms by the end of the decade…’. This can’t be done by snips here and there – the well of efficiency savings has almost run dry. It will need a fundamental rethink about the service delivery.

Myself and a planning peer facilitated the discussions. Everyone in the room knew that they alone can’t find the answers and that many further conversations will be needed ‘upwards’ with the council about ways of working, appetite for risk, local priorities and the politics of making difficult decisions. And ‘downwards’ with team members (most good ideas come from within).

Firstly, I was pleased to see that this was up for discussion. It’s not an easy thing to start but they understood that a head in the sand approach wasn’t sensible. The Director knew that the ‘low hanging fruit’ had already been picked; nothing particularly easy or obvious was left. the team was keen to start thinking about the long term approach to the budget pressures they anticipated over the next few years. They were ‘ owning the problem’.

We started by looking at the current core services and challenging whether they were really necessary. What is it that you do that delivers the councils priorities? What would happen if you stopped? I mean really, what would happen if you stopped. OK, if you can’t stop, can you do it differently?

Inevitably the conversation went beyond the costs of the activity, and savings if not done (or done differently) into customer expectations and political risks. Stop doing site visits on all but majors (use google earth)? Local Development Orders for 3-walled extensions (we approve most anyway)? Enforcement only for high priority breaches? Stop plan-making and rely on the NPPF?

Eyebrows were raised at these initially unacceptable thoughts. But that was the point. Accepting that implementing any of these might also bring risk – at some point something would go wrong, Is it time for a shift in the balance of risk and what is the political appetite for this? How long can we afford to mitigate against risks to the degree we do now? Of course the politicians are crucial in this – everyone talks about how difficult decisions will need to be made. Public expectation will be managed (which is difficult in a time of economic recovery elsewhere).

Then we did crystal ball gazing. Imagine it is 2020. What does the service look like? This was interesting, and of course there are many unknowns, not least national and local elections, and probably more changes to the planning system (will there still be one) and local government finance.

These were some thoughts.

  • A commissioning council with proper accountability for running business units, including (popular, this one) breaking the relationship between a service and the non-negotiable central recharges. You pay how much for legal advise and there isn’t even a planning specialist? Directors should be proper, accountable, business managers free to choose to buy the print and design service, IT, legal advice, from the best/cheapest supplier.
    Self certification of planning decisions where they accord with the plan?
  • One consent (Penfold anyone?) for planning and building control?
  • The principle of ‘customer pays’ embedded even more – so deregulated planning fees are a must.
  • Developers/landowners financing action area or masterplans?
  •  Enforcement investigations for non priority breaches – well then the complainant pays
  •  Combine development management and building control into a ‘pre shovel ready’ and ‘post’ teams?
  • Devolved decision making to neighbourhood forums or parish councils (which already happens in Arun)
  • Upwards decision making to a combined strategic authority?
  • And the nirvana of a paperless office – all communications by email or the cloud

And more ideas. Some would need changes to legislation, some corporate decisions, and some are within the gift of the Director and team to deliver. Some areas we didn’t have time to go into – ironically the main one being around costs! But it is a start.

Hats off to those involved. These are difficult conversations with implications for people’s jobs. Not just their employment, but work that they like, value, believe in and want to continue with.

We didn’t get anywhere near to a service costing 43% less. But some things were said ‘out loud’ , ideas are buzzing.

I’m interested in what other councils are doing on this – are you having similar conversations? If not, what is your strategy for the years ahead? PAS would like to develop some work on this If you’d like to work with us on this, please let me know alice.lester@local.gov.uk

“Framework Phooey”

When the NPPF was launched way back in March 2012, I was asked if I would play the role of ‘Rosemary the telephone operator’ and don a headset to answer some queries  (for anyone unfamiliar with the Hanna-Barbera cartoon canon,  Rosemary  is from the 70’s classic  ‘Hong Kong Phooey’). Naturally, I accepted.

As far as I am aware there’s not previously been a help-line set up to deal with queries on a new Government policy document. The intention was clear. Anticipate the cries of  ‘what does this all mean’ and provide instant access to information through dialogue – not through a sheet of answers to questions no-one was asking anyway. Continue reading

PAS – past, present and future

As PAS enters its 7th year, I’ve been reflecting on what we’ve achieved, what we’ve learnt and what we need to do next.  It’s certainly been fun for me – but has this model – a nationally funded, local government improvement organisation for planning – worked for our funders and for you?

The fact that we’ve got further funding in this climate is a fairly explicit sign that Continue reading

LDF support for LPAs – now is the time!

The new PAS Self Referral Programme of LDF Support

PAS are making a range of support available to all local planning authorities (LPAs) of England to help them produce their local development frameworks. 

This is a great opportunity for local authorities to get free or least heavily subsidised support, advice or help in challenging areas of producing a LDF.

Why are we doing this?

Continue reading

Who really uses them anyway?

In the ever changing world of the web is the trendy blog replacing the ‘that’s so last year’ discussion forum? The blog is certainly the younger ‘hipper’ of the two but does that mean it should replace its ‘predecessor’? It is, after all, the possible introduction of a PAS blog that prompted an analysis of the activity on the PAS discussion forums.

The findings from this analysis of PAS discussions revealed a disappointingly low response rate. An average of one response a day per month over 12 months is not good news for those of us who would like to see it stay. 

To contribute to the discussion forum you need to register as a PAS website user. Registration also means you can receive the PAS monthly newsletter. We currently have 3000 registered users to the site. Of these registered users an average of 600 a month viewed the discussion forums via the newsletter.

The findings also revealed: 

  • 279 people contributed to the discussion forum in the last 12 months
  • 149 of those contributions were from different people
  • 7% of the 2200 that visited the PAS website over the last 12 months contributed to the discussion forum

Could it be that people view the web as a reference tool only? A virtual library where you locate the information you need then take it away. It can and should also be used as an interactive tool where ideas and problems can be shared amongst peers. We have the technology at our fingertips, we should be using it.

Are people afraid to speak their mind for fear of misrepresentation or being exposed? No one likes to sound silly but then no one likes to feel that their opinions/questions are falling on deaf ears either.

The forum provides a Q&A style environment whilst the blog is more commentary. Whether you feel more comfortable contributing to a discussion forum or commenting on a blog is irrelevant, what is important is communicating. Communication is key to development.

PAS encourages continuous improvement and promotes a culture of self-sustaining change and learning. The discussion forums and the blog both encourage and promote learning and development.

Four PAS team members have contributed to the discussion forum in the last 12 months. We are here to provide guidance and support to councils and planners. If PAS is seen to be contributing more to discussions then councillors and planners may follow.

The forum doesn’t only serve as guidance and support to our audience it’s also a way for PAS to learn more about the needs of its audience.