Parish Conference (Expired March 2020)
Wednesday 25 February 2009
Web Agenda/Minutes Summary Document
Meeting Name:
Parish Conference
Meeting Date:
02/25/2009 Pick
Meeting Time:
Location:
Sub Committee / User Forum etc (if required):
Members Present:
Non-Members Present:
Confidentiality: Part I
Document Type: Agenda
Document Status: Final
2
PARISH CONFERENCE
TO BE HELD ON
WEDNESDAY 25 FEBRUARY 2009 – 7.00PM
GUILDHALL, WINDSOR (COUNCIL CHAMBER)
AGENDA
TO BE HELD ON
WEDNESDAY 25 FEBRUARY 2009 – 7.00PM
GUILDHALL, WINDSOR (COUNCIL CHAMBER)
AGENDA
 | ITEM |
| i) | WELCOME AND INTRODUCTIONS |
| ii) | APOLOGIES FOR ABSENCE |
| iii) | MINUTES FROM LAST CONFERENCE To receive the Minutes from the last Conference held on 16 October 2008 (page 3) |
| iv) | PARISH CHARTER Ian Hunt, the Borough’s Interim Head of Democratic Services will be in attendance at the Conference to present the revised Parish Charter (page 9). There will be an opportunity for discussion and questions |
| v) | COUNCIL RESTRUCTURE Ian Trenholm, the Borough’s Chief Executive, will be present at the Conference to provide an update on the Council restructure (page 19) There will be an opportunity for discussion and questions |
| vi) | SECTION 106 GUIDANCE Linda Arlidge, from the Royal Borough’s Transport Policy and Implementation Group, will be present to launch new guidance for Parishes on Section 106 funding (page 20). There will be an opportunity for questions. |
| vii) | OAKLEY GREEN AND FIFIELD COMMUNITY PLAN Councillor Annets of Bray Parish Council will be present to address the Conference in relation to the Oakley Green and Fifield Community Plan. There will be an opportunity for discussion and questions. |
| viii) | PARISH COUNCIL CALL-INS OF PLANNING APPLICATIONS Graham Stallwood, the Royal Borough’s Development Control Manager, will be present to discuss Parish Council Call-ins of Planning applications. There will be an opportunity for discussion and questions. |
| ix) | COLD CALLING CONTROL ZONES Steve Johnson, the Royal Borough’s Trading Standards Manager, will present to the Conference on the Borough’s Cold Calling Control Zones scheme (page 28). There will be an opportunity for discussion and questions |
| x) | SUSTAINABLE COMMUNITIES ACT Harjit Hunjan, the Royal Borough’s Community and Business Partnerships Manager, will be in attendance to provide information on the Sustainable Communities Act 2007 (page 42). There will be an opportunity for discussion and questions |
| xi) | THE LDF: UPDATE AND FUTURE CONSULTATION Sarah Ball, the Royal Borough’s Team Manager – Strategy and Plans (Planning Policy), will be present to update Parishes on the Borough’s Local Development Framework and provide details of an upcoming consultation. There will be an opportunity for discussion and questions. |
| xii) | PRESENTATION AT NEXT CONFERENCE The Conference will no doubt recall that, at the Conference meeting in June 2007, it was agreed that there should be an opportunity for Parish and Town Councils to share their experiences and successes in relation to projects and schemes that they may be involved in. Hence, the Conference is invited to agree the presentation for the next Conference in June 2009. |
| xiii) | DATE OF NEXT CONFERENCE Thursday 18 June 2009 at 7.00pm – Council Chamber, Guildhall, Windsor (subject to confirmation at Full Council on 24 February 2009) |
12
PARISH CHARTER
1. INTRODUCTION
(i) This Charter has been agreed between the Royal Borough of Windsor and Maidenhead (the Royal Borough) and Parish Council (the Parish) as a guide to the process of consultation and liaison between the two authorities.
(ii) The Royal Borough has recognised the need for effective consultation in its Community Consultation Strategy 2007-2010 adopted on 13 December 2007 which clearly states that consultation will be a ‘first thought’.
(iii) This Charter is intended to provide the basis for effective consultation and liaison, to assist the Royal Borough and the Parish to maintain good working relationships and to develop an effective partnership to the benefit of all residents. It is intended to assist the Parish in helping to ensure the effective delivery of Royal Borough services in the Parish through monitoring of service delivery.
(iv) All levels of government are dedicated to the wellbeing of the population, although each has different powers, duties and responsibilities. The duty of Parish or Town Councils is to their parishioners, not only in the services which they provide, but also in ensuring that local views are taken into account by the Royal Borough. At times this will support the activities of the Royal Borough and at other times, it may oppose them.
(v) The status of this Charter is that of a good practice guide, which sets out the wishes of the parties to foster good working relationships. It is not a legally binding agreement which can be enforced by one party against the other.
2. CONSULTATION PRINCIPLES
(i) Borough Councillors have an important role in representing their local area and in the consultation and liaison process with Parish Councils. It is therefore important for Borough Councillors to be well briefed about what is happening in their local area, and also for Borough Officers to be given the opportunity to brief Parishes on specific projects, legislation and initiatives. .
(ii) As part of the development of local relationships the Parish will:
- (a) invite Royal Borough Councillors for the Parish area to attend Parish Council meetings, together with relevant Officers when necessary and appropriate.
(b) provide the Borough Councillors with meeting agenda, minutes, relevant reports and correspondence with the authority.
(iii) The Royal Borough will:
- (a) encourage its Members for the Parish area to attend Parish Council meetings.
(b) provide those Members with correspondence with the Parish on any significant matter.
(c) make available agenda for meetings of the Royal Borough on its Web Site for access from the Parish.
(d) organise a conference, currently held three times a year, at which Members and officers of the Royal Borough will meet with representatives from all Parishes to discuss matters of a generic and common interest.
(iv) The Parish.Liaison@rbwm.gov.uk e-mail address has been established for all parish and town councils for use as an initial contact point by parish and town councils when seeking information from the Borough Council or in response to any queries. This e-mail is monitored and tracked by the Council’s Democratic Services Team.
(v) The Borough will consult with the Parish on significant matters affecting the Parish area, in accordance with the principles set out in the Consultation Strategy and this Charter.
(vi) The Borough will brief the Parish on a specific matter of local significance and provide appropriate briefing material.
(vii) Requests for consultation from the Parish on other matters will be treated sympathetically, with the presumption that the request will be agreed.
(viii) Reasonable consideration will be given to requests from the Parish for enhancements in a specific service provision in the area. In line with adopted Council policy, such enhancements would be on a partnership basis between the Parish, the Royal Borough and any relevant contractor, with appropriate funding provision being secured by the authority requesting the service enhancement.
(ix) Equally the Royal Borough is keen to make wider use of its facilities and buildings across the Borough and consideration will be given to proposals from Parishes to avail themselves of appropriate opportunities.
(x) Consultation will be carried out as soon as practicable to allow the Parish time to respond before decisions are taken. In this regard it is recognised that:
- (a) the Parish Council will usually meet about once a month.
(b) the Borough is delivering services on a day to day basis and much of this
decision making is delegated to officers who have a duty to act fairly and
swiftly within the policy framework laid down by the Council.
(c) the Parish must have in place arrangements for a rapid response where necessary, particularly as few issues fit neatly into pre-arranged meeting timetables.
(d) many of the services operated by the Borough are provided on a Borough wide basis therefore individual consultation with the Parish may not always be appropriate. The Royal Borough’s objective is to ensure the Parish is kept fully informed of all developments affecting services within the Parish.
(e) the views of the Parish will be made known to Royal Borough Members and officers, where a decision has been delegated, before a decision is taken on the issue in question.
(f) the Parish Council recognises that, in a limited number of circumstances the existence of an emergency or a shortage of resources (on the Borough’s part), full compliance with the principles set out above may be unachievable.
A list of strategic and operational consultation items is set out in the schedule attached as an appendix to this Charter
(xii) Consultation on operational issues relates to day to day matters and will normally be either by contact with the Royal Borough members or by a copy of an agenda or report, e-mail, letter, fax, or telephone (to be confirmed in writing via e-mail) or a combination of these methods and, where appropriate, the use of new IT based communication methods.
(xiii) Service User Forums In addition to the provisions outlined in this Charter, the Council has introduced a system of consultation by means of Service User Forums across all areas of the Council which ensure that the views of residents, users of the services and key interest groups are put at the heart of the Council business and given more consideration in the development of future policies and strategies. When new Forums are created, or where existing ones are considering items of strategic importance to a Parish, then consideration will be given to ensuring appropriate representation at a Forum meeting.
3. PROCEDURES AND TIMESCALES FOR CONSULTATION
(i) Under the Local Government Act 2000 the Council is required to publish a ‘Forward Plan’ of key decisions to be taken. This list will be published on a monthly basis and will outline decisions to be taken four months ahead. The Plan will include details of the responsible Member and officer to whom representations can be made. Parishes are sent via e-mail a copy of the latest version of the Forward Plan on a monthly basis.
(ii) The presumption is that the Parish will be consulted about important matters specifically affecting the Parish at the earliest opportunity and preferably before a solution is proposed. The Royal Borough will aim to seek mutually acceptable solutions or an agreed approach but it is recognised that on occasions this may not be possible.
(iii) Timescales for formal consultation will vary to reflect the nature of the issues involved and the Council’s service delivery requirements. Nonetheless, on significant matters, the Council will:
- (a) aim to provide a period of six weeks whenever possible (although it is recognised that this may be difficult to achieve for consultation on organisational issues) or will agree a different timescale within which the Parish can consult within its area and respond.
(b) provide sufficient information to enable the Parish to identify the nature and location of the matter on which consultation is taking place, the general policies affecting the issue, the decision maker (Cabinet, Council, Panel, Member or Officer), the deadline for response and when the decision will be taken.
(c) ensure the views of the Parish, when submitted in writing, are communicated to the decision maker before the decision is taken.
(d) identify to the Parish a named officer of the Council who is dealing with the issue and with whom contact can be made by telephone, fax or e mail.
4. SERVICE MONITORING
(i) It is recognised that the Parish is well placed to monitor the services provided by the Royal Borough in its area and Parish representatives can report deficiencies and incidents at an early date.
(ii) It is agreed that, to allow effective service monitoring, there must be:
- (a) service specifications against which monitoring can take place.
(b) procedures for reporting service failures or any developing service delivery problems.
(c) statements on actions to be taken by the Royal Borough upon matters being reported to it under any agreed arrangements.
(d) escalation procedures which can be activated by the Parish should expectations not be met.
(iv) The operation and effectiveness of this Charter will be monitored by both parties and reviewed on an annual basis.
(v) The Royal Borough nominates the Interim Head of Democratic Services as the senior manager with responsibility for resolving issues arising from any difficulties on consultation and liaison arrangements set out in the Charter. The Parish will notify him promptly any matters arising from the monitoring of the operation of the Charter.
This good practice guide is signed by the Leader of the Council of the Royal Borough of Windsor and Maidenhead and by the Chairman of Parish Council.
Leader of the Council Date
Chairman of the Parish Council Date
13
SCHEDULE
Strategic Issues Consultation Operational Issues Consultation Service Monitoring
_____________________________________________________________________________
Education
Proposals of the Royal Borough Nominations will be invited from
affecting the general planning, the Parish for School Governors
provision and availability of for schools serving the Parish
Education services to Parish area.
residents e.g. proposals for
reorganisation of schools or
their dedicated catchment
areas. It is recognised that
this is unlikely to be on an
individual Parish basis.
Review of admissions
Criteria.
Potential dual use of school
facilities in the Parish area.
_______________________________________________________________________________
Social and Adult Care Services
These services are not provided Any proposals relating to the As Social Services are
on a Parish basis and any provision of social services mainly provided to
consultation would be on a much within or from an establishment individuals in accordance
wider than individual Parish located in the Parish area. with agreed care plans
basis. drawn up by professionals,
In relation to the way Social it would not be appropriate
Services are provided and to involve other ”non-
developed, the opportunity to professional” persons in
comment on the Community those matters.
Services Plan, including the If the Parish becomes
Community Care Plan, the aware of a specific problem
Children Services Plan and the relating to the direct
Housing Strategy. provision of social services
in the Parish area,
excluding those provided
to individual clients, then
there should be an agreed
mechanism for referring
the matter on.
________________________________________________________________________________
Planning
South East Plan; Local Town and Country Planning The outcome of a
Development Framework; matters in Parish. significant planning
Supplementary Planning The Parish will application including any
Documents automatically be given a period conditions which it
of 28 days to respond. The Parish might be appropriate for the
will be notified of all planning Parish to monitor.
Applications within the The effectiveness and
Parish area. adherence to enforcement
Strategic Issues Consultation Operational Issues Consultation Service Monitoring
______________________________________________________________________________
A reasoned request for a site notices issued by the
Visit from the Parish prior Borough relating to
to the determination of premises within the
the application will be Parish area.
reported to the decision There should be an
maker for consideration. established complaints
Any request from the Parish, procedure to be followed
provided it is made on their behalf should the consultation
by a Borough Councillor and in process fail.
accordance with the agreed
“call-in” procedure, within 28 days
of the submission of the
application, that a planning
application will be considered by a
Development Control Panel rather
than under delegated powers will
be given reasonable consideration.
Parish Council representatives have
the right to make appropriate
verbal representations under the
Council’s Constitution governing
the right to speak at Development
Control Panels meetings.
Significant changes to a planning
application will be notified
to the Parish with a
14 day period for response.
The Parish will be informed of
any relevant planning appeals,
tree preservation orders and
enforcement notices, and
Certificates of Lawful Use
applications.
Highways
The policy for road and footpath Proposals affecting highways and Frequencies of road
maintenance and the resultant footways in the Parish including: closing, drain and gully
quality to be expected. i) Strategic transport proposals as cleaning and the cutting
Strategic road safety issues such they affect the area. of verges
as speed limits in villages, ii) New works of construction and Damage repair including
traffic calming measures, traffic major maintenance schemes. the response to various
reduction schemes, iii) Changes in existing policies on types of road damage for
Environmental aspects including frequencies of general maintenance example potholes and
lorry haul routing which is part and amenity works including blocked drains, how
of planning consultation and highway verge grass cutting, drain quickly damage is
elimination of accident black clearing and road sweeping. inspected and repaired.
spots.
Strategic Issues Consultation Operational Issues Consultation Service Monitoring
iv) Schemes for new installations Reporting of street
The strategy for the general of, or significant changes to, lighting failure, response
maintenance and amenity works, existing schemes of street lighting. time and repair quality.
including highway verge cutting, v) Traffic Regulation Orders such Defined escalation
drain cleaning and roadsweeping as speed limits, one-way systems, procedures should road
including environmental aspects. waiting restrictions, traffic signs repairs not take place.
Planning and design of cycleways. and signals, pedestrian crossings,
Significant changes to existing parking restrictions and traffic
arrangements for winter calming, temporary and permanent
maintenance of roads and road closures.
footways. vi) Changes to cycleways.
_________________________________________________________________________________
Waste Management
Significant changes to Significant proposals affecting the Achievement of standards
arrangements. Parish. against the frequency/
quality level defined in the
contract.
Public Transport
The strategy for public transport Recognising that a partnership Where transport is provided
and the local transport plan, in approach is needed, proposals by or subsidised by the
particular how it can be involving provision, significant Borough, a reporting
improved and its use encouraged. variation or removal of public mechanism where the
transport facilities provided by service does not meet the
the Borough under contract published reliability,
arrangements, or by arrangement capacity, and quality
with voluntary bodies or the criteria.
Parish(es) to, from, within or
near the Parish.
Footpaths and Bridleways
The policies for the use and Proposals to create, divert or The standards of
maintenance of footways and close public footpaths, bridleways maintenance, which may
bridleways. and byways open to all traffic vary depending on the type
together with re-classifications of path. Monitoring the
in or affecting the Parish. quality of footpaths and
bridleways is likely to be
by the Parish or by the
public who use them. The
quality criteria and the
reporting mechanisms
should be well publicised
and the response times to
reports defined.
Strategic Issues Consultation Operational Issues Consultation Service Monitoring
____________________________________________________________________________
The Borough is not
responsible for under-
taking maintenance of
footpaths and bridleways
on private land as that is
the responsibility of the
landowner.
Leisure and Recreation
Leisure and Recreation facilities,
in particular how the provision
by the Council and the Parish
interact and complement each
other.
Proposals concerning the
provision of, and significant
alterations to, the maintenance
or use of Leisure and Recreation
facilities, libraries, mobile and
container library services. Where
appropriate, this should include
significant changes in opening
hours.
The Parish will be amongst the
key consultees in the preparation
of local cultural strategies.
Youth and Community Development
The Royal Borough’s Youth and Proposals of the Council to The level of services to
Community Development Policies develop or significantly change young people.
particularly as they may require Youth Services in or available
co-operation with the Parish and to the Parish.
interact with services provided by
the Parish. This will also involve
the distribution of services across
the Council’s area.
Strategic Issues Consultation Operational Issues Consultation Service Monitoring
Open Space Maintenance and
Grass Cutting
Significant changes to Significant proposals affecting the Achievement of standards
Arrangements. Parish. against the frequency/
quality level defined in
the contract.
Licensing
The policies of the Borough Licensing of premises etc now
in relation to licences which governed by Licensing Act 2003.
they have the power to issue.
Emergency Planning
The Emergency Plan is As required by the Borough to
developed on a Borough-wide meet an emergency situation.
basis and consultation is
carried out with the Parish
where Parish facilities are
required in an emergency
situation.
Communication and Provision
of Information
Overall policies on first stop Significant proposal to develop The facilities made
shops or use of libraries, or change provision. available and local
schools etc for local access information on the way
to Borough services. in which the provision
is helping to meet local
needs.
Community Strategy
Production and implementation Proposals arising from the Ensuring the principles and
of a Community Strategy in implementation of the Community actions contained in the
accordance with the provisions Strategy. Strategy are taken into
of the Local Government Act account in service
2000. initiatives in Parish areas.
Consultation with Parishes
over the drafting of the
Strategy and the implications
for Parish Councils.
Strategic Issues Consultation Operational Issues Consultation Service Monitoring
Crime and Disorder
Compliance with the Promotion of community based Providing feedback through
provisions of Section 17 of initiatives to reduce crime and Parish representation on the
the Crime and Disorder disorder. Crime and Disorder Forum.
Act 1998. Ensuring adequate
Provision of Section 17 is
taken into account in
Service initiatives in Parish
Areas.
Standards in Public Life
In accordance with the Local Matters referred to the Standards Membership of the Sub
Government Act 2000 the Board concerning individual Committee includes
Royal Borough has established an Members will normally be dealt Parish representatives.
independent Standards with in a confidential Part II
Committee to oversee the session. (This is now operated
actions of elected Members. in accordance with the
The Committee’s jurisdiction Standards Committee (England)
extends to Parish Councils Regulations 2008.)
and a sub-committee has been
set up to consider matters relating
to Parishes.
General
Other matters relevant to the
particular Parish or to the Borough.
_________________________________________________________________________________
20
17/02/2009
PLANNING AND DEVELOPMENT
TRANSPORT POLICY AND IMPLEMENTATION GROUP
DEVELOPER CONTRIBUTIONS
A BRIEF GUIDE
What are Developer Contributions?
Developer Contributions (also known as ‘section 106 agreements’ or ‘planning obligations’) can be sought to mitigate the impact of a proposed new development on local infrastructure (highway improvements, public open space etc.) and services (library’s, schools etc.). They are negotiated as part of the planning application process, and are secured by a legal agreement, which can either bind one party (normally the developer, termed as a ‘unilateral undertaking’) or several parties (typically the developer, plus a housing association and/or the Council, known as ‘bilateral agreements’ or ‘multilateral agreements’).
Information is available on the Borough’s web site at the following link: http://www.rbwm.gov.uk/web/pp_planning_obligations.htm
Legal agreements are specific to each development, and can be used to:
Secure payments for physical works;
Ensure affordable housing is provided;
Place a limitation on the activities of future occupiers, such as preventing householders from obtaining parking permits in areas of existing high demand, or keeping dogs where these could give rise to increased disturbance, through dog walking, to the Thames Basin Heaths Special Protection Area.
In the case of larger developments, legal agreements can be used to:
Secure a workplace travel plan (a strategy for managing travel generated by an organisation, with the aim of reducing its environmental impact);
Secure a land management plan;
In the case of mineral workings, for example, to limit the number and route of lorries serving the development.
These are some of the commonest requirements, this list being by no means exhaustive.
The planning obligations within a legal agreement only come into effect once a development commences (this does not include demolition). Developers’ contributions are normally payable within 14 days of commencement, but phased payments upon completion or occupation may also be specified, particularly in the case of larger developments.
A developer may request repayment of a contribution if the funds are not spent within a certain timeframe on the project(s) for which it was specified. Whilst the Council does not, as a matter of routine include a timeframe clause within an agreement, in the instances where this is applicable, it will typically be 10 years from the date of payment. In the absence of such a clause, the developer may request evidence that the funds have been properly used after 5 years.
In accordance with the Governments advice as set out in Circular 05/2005 ‘Planning Obligations’ (available on the following web link: http://www.communities.gov.uk/publications/planningandbuilding/circularplanningobligations), developers contributions may only be sought where they meet all the following criteria:
- They must be necessary to make the development acceptable in planning terms
They must be related to planning and to the development in question
They must be fairly and reasonably related in scale and kind to the proposed development, and must be reasonable in all other respects
Contributions may only be sought where the link between the impact of a proposed development and its effect on local infrastructure and services can be established. It follows that developers’ contributions cannot be used to make up for any existing shortfall in these two areas.
To assist developers, the Council has published a supplementary planning document (SPD). It is in two parts comprising ‘Planning Obligations and Developers Contributions: A Developers Guide’ and ‘Planning Obligations and Developers Contributions: Infrastructure and Amenity Requirements (and Approved Programme of Schemes) 2005/2010’. The latter document includes projects relating to physical infrastructure and provision/expansion of services that the Council has approved as being projects that justify planning obligations being sought from development over a five year period. The formulae and projects are updated annually following consultation with Councillors, the Parishes and the Councils’ Officers within individual service areas, and the updated SPD endorsed by the Council’s Cabinet for use in conjunction with the assessment of planning applications. The document is therefore a material consideration in the determination of a planning application, and the failure to make provision for contributions towards additional infrastructure and services made necessary by a development can be a reason for refusal.
The SPD covers a number of the Council’s service areas, corresponding to section headings within the document. Each section starts with a brief explanation of the rationale in planning terms of the anticipated functional and geographical justification for requesting contributions, followed by the formula that will be applied to calculate the contribution, based on the anticipated pressures of different types of development on the service. So, for example, an additional 5 bedroom house would give rise to a contribution towards schooling, whereas a new office block would not.
The current SPD covers the following service areas:
- Affordable housing
Transport (including workplace travel plans and highways, public transport and public rights of way)
Education
Community facilities
Library services
Recreation and leisure (including public open space, biodiversity, indoor sports facilities and allotments)
Public art and heritage (including archives)
Town management and improvement
Economic development
Landscaping
Thames Basin Heaths Special Protection Area
Air quality
Waste disposal
Archaeology
Flood risk management and draining
Parish projects
Both part 1 and part 2 of the SPD may be viewed on the following web link:
http://www.rbwm.gov.uk/web/pp_planning_obligations.htm
S106 Calculator
The Developer Contribution Calculator is a spreadsheet, which can be used to estimate the contributions that are likely to be requested from a proposed development. It utilises the formulae within the current SPD to calculate contributions from proposed development, allowing credit for any existing residential units or floorspace which are to be lost as a result of the development. The results should be taken as a guide only with the final calculations being prepared by the Planning Case Officer in each individual case. Further information on this can be found on the web site on the above link listed under “Public Guide on Developer Contributions”.
How can Parish Councils get involved?
Parish Councils can get involved at two stages:
The first is through the annual SPD update consultation process and the second is during the consultation period for each individual planning application.
The annual SPD update consultation process
Parish Councils are invited to review the list of existing projects within the current SPD in collaboration with officers from each of the Councils’ relevant service areas and delete those projects, which are completed or no longer appropriate.
New projects may be put forward following a feasibility assessment by the Council’s relevant service area where applicable. Projects, which have no reasonable prospect of being completed in the near future, should not be included. This is because, as outlined above, a developer may request repayment of a contribution if the funds are not spent on the project(s) for which it was specified within the legal agreement.
Where future development within a Parish is limited (due to Green Belt restrictions for example) it follows that opportunities for securing developer contributions will also be limited. It is suggested that in such cases, Parish Councils prioritise any projects put forward to ensure any contributions secured are not spread so thinly between a number of projects that none ever becomes financially viable.
All feasible projects put forward by a Parish Council are included within the SPD under the ‘Parish Projects’ section. However, where a Parish project relates to one of the service areas where the Council ordinarily seeks contributions on a formulaic basis, the Parish project will also be listed under the appropriate service area section.
However, projects can be added to the list of schemes throughout the year by applying to the S106 Team, who will advise on the eligibility of a project and seek approval from the Head of Planning and Development along with the Lead Member for Planning and Development where appropriate. If approved, the project is then added it to the SPD list of schemes on the web making Officers at the Council and Developers aware of the scheme when an appropriate planning application arises.
Planning consultation process
Parish Councils will be consulted on planning applications for development within their Parish area. Any representations on the acceptability of the development should be made in writing to the planning development control case officer who is identified on the consultation letter.
At this stage, the opportunity also arises for Parishes to consider the possible effects of the proposed development on infrastructure and services within their area, and in particular whether developers contributions should be sought for specific projects included within the SPD.
In accordance with Government guidance and the SPD, developers’ contributions can only be sought where the link between the impact of a proposed development and its effect on local infrastructure and services can be established.
The types of development where this link can currently be justified include:
- Additional housing units (houses and flats – including conversions and subdivisions)
New retail, commercial and industrial development and most extensions to existing retail, commercial and industrial premises
Changes of use where the number of employees and/or visitors will exceed previous numbers
Conversely, developers’ contributions will not be sought for the following types of development, as they are unlikely to place a significant additional burden on existing infrastructure or services:
- Householder extensions, including outbuildings
Replacement dwellings (where the number of new units does not exceed the existing number of units)
Small extensions to business premises (retail, commercial or industrial)
Agricultural buildings
This list is not exhaustive, and exceptions will occur where the proposed development provides a substantial community benefit. This may include for example, affordable housing, or the clearing of contaminated land as part of the development process. For this reason, extensions to schools, libraries and other community facilities do not normally result in the need for developers’ contributions.
However, every application is dealt with on a case-by-case basis, including taking account of the planning history of a site. For example, credit will be given for the existing number of dwellings or commercial floorspace lost through demolition, or for an approved live planning permission for a similar development on the site.
Since it is possible a development may be granted consent on appeal following refusal by the Council, it is important that even if a Parish Council objects to a scheme, it should still consider the possible effects of the proposed development on infrastructure and services within their area, and in particular whether developers contributions should be sought for specific projects included within the SPD. Such a suggested list of projects can be referred to as ‘without prejudice to the outcome of the application’. The Planning Inspector can then take account of these representations when considering the appeal.
How can Parishes keep track of progress?
Since planning obligations only run with a planning consent, it follows that if planning permission is refused for a development, no obligations can be sought from the developer.
If a development is granted consent on appeal following a refusal by the Council, the suggested amounts and projects within the legal agreement may be varied by the Planning Inspector, and in some cases, may be considered unnecessary.
A completed legal agreement which links to the grant of planning consent may be viewed as a scanned document on the Council’s web site. It can be found with the plans and other documents by searching on the planning application number on the Planning Public Access Module found on the following web link: www.rbwm.gov.uk/pam.
Until development actually starts on site, no developers contributions become payable. The ‘commencement of development’ has a legal definition, but can include the digging of trenches ready for foundations. Since it does not include demolition of the existing buildings on site, the clearing of a site does not normally trigger the requirements within a S106 agreement.
Once a planning consent is implemented the S106 Team is notified electronically via the Council’s Building Control system, and the process of monitoring compliance with the legal agreement commences. If the developer is required to pay financial contributions, these will be sought at the appropriate time as set out in the legal agreement.
Once payment has been received by the Council, it is distributed to the relevant service areas within the Council, and allocated to the projects as written into the appropriate S106 legal agreement. In this way, each service area is responsible for implementing the projects, and accounting for available funds.
It should be noted that in the case of larger projects, these may rely on funds being pooled from a number of S106 agreements, and possibly combined with funds from a number of other Council and/or external sources. Such projects cannot be implemented until all these funds are in place, which may result in a delay from the time when a particular development is started, and the time new infrastructure is completed or an expanded service is provided.
Enquiries as to the status and content of a legal agreement, progress of a development and whether funds have been received by the Council should be made to Linda Arlidge, S106 Special Projects Officer on 01628 796363, email linda.arlidge@rbwm.gov.uk or John Maniscalco, S106 Compliance Officer on 01628 796554, email john.maniscalco@rbwm.gov.uk
During the annual consultation process to update the SPD, a review of existing projects and feasibility assessment of any new projects should be made in collaboration with officers from each of the Councils’ relevant service areas. The revised list should be then be sent to Linda Arlidge, S106 Special Projects Officer on 01628 796363, email: linda.arlidge@rbwm.gov.uk
Parishes are reminded that since a developer has the right to request repayment of a contribution if the funds have not been spent within a certain timeframe on the project(s) for which it was specified, if a Parish is unsuccessful in spending funds accumulated for ‘Parish Projects’, they may have to be returned to the developer.
Enquiries as to the availability of funds for specific projects, including ‘Parish Projects’, and their progress should be addressed to the following relevant service areas within the Council:
Affordable housing: Housing Enabling Manager – 01628 685705
Highways and public transport:
Workplace Travel Plan – 01628 796067
Rights of way team – 01628 796180
Public transport – 01628 796147
Verge parking – 01628 796287
Environmental improvements – 01628 796148
Cycle network schemes – 01628 796097
Streetcare – 01628 796814
Car parks – 01628 796513
Road safety – 01628 796405
Bridge strengthening – 01628 796283
Street lighting – 01628 796798
Crime prevention and security – 01628 796861
Education: School Accommodation Service – 01628 796364
Community facilities: Community and Youth Services Team - 01628 796983
Library services: Service Development Manager - 01628 796742
Public open space: Environment Officer (Section Manager) – 01628 796093
Biodiversity: Environment Officer (Section Manager) – 01628 796093
Indoor sports facilities: Environment Officer (Section Manager) – 01628 796093
Allotments: Environment Officer (Section Manager) – 01628 796093
Public art and heritage: Community and Development Manager - 01628 685811
Town management and improvement:
Windsor and Eton Town Manager – 01753 743921
Maidenhead Town Manager – 01628 796128
Economic development: Grow Our Own Project Manager – 01628 685661
Landscaping: Landscape Officer – 01628 796048
Thames Basin Heaths: Strategy and Plans Team – 01628 796172
Air quality: Environmental Protection Officer – 01628 683544
Waste disposal:
Waste Manager - 01628 796193
Recycling Officer – 01628 796272
Archaeology: Reading Museum, Archives and Library Service – 0118 901 5976
Flood risk management and drainage: Environmental Protection Team - 01628 683645
090225 Pc Sca28
COLD CALLING CONTROL ZONES - THE RBWM APPROACH
1. Cold Calling Control Zones are areas in which uninvited sales people – i.e. ‘cold callers’ - are discouraged from calling at houses.
2. A national survey from 2002 showed that nationally 96% of people do not want doorstep cold-callers and that virtually nobody actually welcomes them.
3. Cold Calling Control Zones have as their main aim the prevention of doorstep crime, whether via distraction burglary or rogue doorstep selling.
4. They are designed to assist in areas considered to be vulnerable – areas with an elderly population or prone to distraction burglary, for instance – by discouraging rogue traders and those who plan to use doorstep selling as a front for distraction burglaries.
5. Currently across the UK there are over 400 such zones.
6. There are none in RBWM, however, and - until recently - no procedure existed to decide whether a zone is appropriate should a request to set one up be received.
7. Nor was there a process in place to follow if the creation of a zone was held to be appropriate.
8. This gap was highlighted by a Motion for Council made in December 2007 by Cllr Proctor which proposed that the Council resolve to “actively pursue the introduction of No Cold Calling Zones for the protection of the Borough's residents”.
9. No Cold Calling Zones in theory prohibit all callers.
10. RBWM’s Trading Standards Service did not consider such zones to be appropriate, given the danger of them being detrimental to reputable businesses.
11. Instead, after some months of background research, the Service drafted a report to RBWM’s November 2008 Cabinet recommending a policy (based on best practice models used successfully elsewhere) that can lead, in appropriate circumstances, to the setting up of Cold Calling Control Zones.
12. The difference between No Cold Calling Zones and Cold Calling Control Zones is that he latter continue to allow the presence of regular callers, utility and delivery services, political and religious canvassers and other known callers. Cold Calling Control Zones only prohibit unwanted callers.
13. Cold Calling Control Zones have no legal foundation and there is no legal power per se to stop cold calling itself. They do however act as a deterrent. Experience elsewhere in the country is that cold calling and associated doorstep crime drop dramatically in areas where a zone is established.
14. The zones are identified by signage – both on lampposts around the zone and on stickers displayed, if they wish, on residents’ doors. Requests by residents to deal with any unwanted callers who ignore the signage are made to the Trading Standards Service, who already have in place a ‘rapid response’ procedure for dealing with complaints about doorstep sales and who are well-versed in how to deal efficiently with such complaints.
15. The policy, which was approved by RBWM’s Cabinet, sets out the steps to be followed to establish whether a zone is necessary and the process for creating such a zone when appropriate.
16. The policy itself is attached.
17. It should be noted that a request for a Cold Calling Control Zone, however received, does not guarantee that such a zone will be created.
18. Justification of the need for a zone, together with evidence that it is proportionate, has to exist. The process by which it is decided if a zone is necessary – and the management of the creation of a zone if one is appropriate – is undertaken by a partnership consisting of trading standards, community safety, community wardens, local police, appropriate residents’ groups, the parish council and so on.
19. Approval has to be formally granted by RBWM’s ‘Alley Gating/Cold Calling Control Zones Panel’, whose terms of reference where extended by RBWM Council in December 2008 to cover such requests.
Steve Johnson
Trading Standards & Licensing Manager
February 2009
RBWM COLD CALLING CONTROL ZONE POLICY
A. Introduction, Purpose and Considerations.
1. Cold Calling Control Zones are specified areas in which cold callers are discouraged from calling. They are not designed to stop all callers and thus regular callers, utility services, political canvassers and other known callers should not be deterred. Those involved in door to door selling may still call but should always provide prior notice of their intention to call.
2. Cold Calling Control Zones are designed to assist in areas that are considered to be vulnerable, but are not designed for areas that just feel that they do not want cold callers. Vulnerability can be measured in many ways but it may be an area of elderly persons, an area where there has been a high level of recorded crime, such as burglary or distraction burglary, or even an isolated area of a small number of properties.
3. Cold Calling Control Zones will discourage rogue traders who, for example, tell householders work needs doing and then charge exorbitant prices, sell poor quality items at high prices or pressure sell. The zones will also discourage those who use doorstep selling as the opening for distraction burglaries or to make plans for future burglaries.
4. Cold Calling Control Zones provide the opportunity for householders to collectively say “no” to the practice of cold calling. A zone should reduce the fear and threat felt by some householders when the doorbell rings and the caller is unknown.
5. Cold Calling Control Zones are visibly identified by overt street signs and by participants being encouraged (but not compelled) to display a sign on their door.
6. Cold Calling Control Zone participants are provided with information on how to deal with callers should the signage be ignored. The intention is that zones will have the support of the police and that police call handling staff will be aware of the scheme.
7. Consideration needs to be given to the size of a Cold Calling Control Zone. About 20 properties is a workable number, but a zone could be up to 3 or 4 or even more times this size. Too few properties and the zone will have little, if no impact, similarly if the zone is too large. A proposed zone should have identifiable boundaries, for example a break in the properties, the end of a street or a lamppost on which a sign is to be placed.
8. The creation of a zone is facilitated by trading standards, with the involvement of residents themselves and also of community safety, community wardens, the local police and, if appropriate, representatives of the parish council, a Neighbourhood Watch scheme, a residents’ group or other relevant community group. However, a co-ordinator for each zone will need to be nominated to ensure a smooth implementation. The Local Police Officer and/or Police Community Support Officer should also be part of the team if at all possible. They will provide valuable support and guidance and provide the support needed when first contacting the properties in question.
9. A Cold Calling Control Zone will not work without the support of those residents within the zone. This does not mean that a particular zone must have a 100% support from its residents, but it does mean that a scheme cannot be just “given” to an area. Residents will need to be contacted, and this is covered in the step by step guide to implementing a zone.
B. Step by Step Guide – Creating a Cold Calling Control Zone
This is a “Step by Step” guide to the creation of a Cold Calling Control Zone. It is not designed to be the definitive method but a guide to a successful implementation.
1) Following a request for the creation of a zone the first step is to decide whether there is actually a need for such a zone.
2) Put together a small team that will be responsible for deciding whether the zone is necessary and if so for its implementation.
a) The team needs to be sustainable with a commitment to see the process through and complete follow-up activities.
b) The team will need somewhere to meet.
c) The team will need access to facilities to create letters mailings.
d) The team will need access to a relatively small amount of funds (provided by the local authority) to cover the costs of packs, signs and mailing materials.
e) During the formation of the team consideration should be given to including the Local Police Officer and/or a Police Community Support Officer, as well as representatives from appropriate resident and/or other community groups, to work with trading standards and a representative from community safety and the community wardens.
3) From the team nominate a co-ordinator – ideally a resident.
a) The co-ordinator of a zone will be the main point of contact.
b) The co-ordinator should be willing to disclose a contact telephone number and a contact address is also required, although this could be a central office.
c) The co-ordinator will lead the project and be the point of contact for publicity.
d) The co-ordinator will be the point of contact for the Local Authority.
4) Identify evidence of a need for the zone.
a) Discuss the area being considered. What evidence is there to prove that a zone is required? There must be specific intelligence/evidence that doorstep crime exists in the area in question or that the zone will reduce or prevent crime or the fear of crime and that there is a high concentration of consumers who are particularly vulnerable to exploitation within the area. Will any signage to be used need to be in alternative languages – for instance if intelligence suggests a high incidence of foreign cold callers. The local authority, particularly trading standards, and the police will have reports, statistics and experience to help identify if this is so.
b) If there is insufficient evidence and/or no high concentration of vulnerable residents then there is no need for a zone and the process will be abandoned at this point.
c) If the evidence/concentration exists then visit the proposed zone, initially without calling on any of the residents, to ascertain where the boundaries to the zone would be, how many residencies there are in the zone, where signs would be placed and to ascertain whether there are any specific issues to be considered. The size of the zone must correspond to the geographic scope of the identified problem.
5) If the need for a zone is established then formal approval must first be obtained from the Council’s Alley Gating/Cold Calling Control Zones Panel.
a) A scheme will not work without the support of the residents within the zone, but a 100% level of support is not required. The team will have to agree the level of support required for the zone to go ahead and it could be argued that anything above 50% is a majority support. On the other hand, less than 50% support in an area with a sizable minority of, for example, elderly residents may also be sufficient.
b) Initial contact is in two phases. The first is to send a letter (template attached) to each residence to advise them that the team will be calling (remember no cold calling!) and the second is to call to explain the proposal.
c) The team needs to agree a date and time during which members of the team will call to explain Cold Calling Control Zones. It is highly recommended that either the Local Police Officer or Police Community Support Officer be present. Identity badges need to be prepared for all of those included in the initial call and they must be worn during all calls. Consider the area when making this decision, would a daytime, early evening or evening call provide the best opportunity to speak to residents. Plan to complete the visits within a 1 to 2 hour period, allowing about 10 minutes per residence. The more callers you have the shorter the time span will be.
d) Plan a go live date for the proposed zone. This date should be one to two weeks after the initial call date.
e) Prepare a letter for each residence to explain that a Cold Calling Control Zone is being considered. The letter must include the date and rough time that you will be calling. Consider whether to include in this letter the offer of some lower level “pre-Zone” action for a specified period, such as the use of “No Doorstep Selling” stickers, to see if that removes the problem.
f) Deliver the letter to all residences a maximum of one week prior to the planned calling date, but give a couple of days notice.
g) Make the initial call on the residents. Each caller should carry a Cold Calling Control Zone information pack (to be developed) so they can say to the residents “one of these will be delivered to your home”. It is highly recommended that either the Local Police Officer or Police Community Support Officer be present as this lends strength to the project and gives confidence to the residents. Remember that this is a vulnerable area so the fact that the police are present should alleviate fears.
7) During the visit the caller needs to record whether or not the resident is in favour of the scheme. They also need to check that there is a suitable place for the Cold Calling Control Zone stickers, which will be contained in the packs, to be placed should the resident agree to use the stickers. A view also needs to be taken as to whether the resident will need the information re-explaining to them when it is delivered. A “Visit Report” template is attached for this purpose.
8) It is probable that not all of the residents will be in when you make the visit. Arrangements can be made to call back but a further “you were out” letter template is attached to cover this situation. When setting the response date within the “you were out” letter do not allow more than a few days as this wait may delay your implementation.
9) Decide whether to continue.
Immediately after the deadline for any replies from residents that were not in an analysis of support for the scheme can be made. If there is insufficient support then it is recommended that the team considers this most carefully and if necessary makes the decision to abandon the scheme.
10) The go live process.
a) The go live process involves delivering the packs, putting up signs and gaining publicity.
b) Signage needs first to have been discussed with Streetcare – both in terms of erecting the signs (which are typically placed on lampposts) and also for details of street sign suppliers, specifications, approvals required, likely cost and so on.
c) On the agreed date deliver packs to all residents in the zone. Where the initial call record indicated a re-visit then a further explanation needs to be given to the residents during the delivery of the pack. Delivery may also include putting up the sticker for the resident if appropriate.
d) Put up the signs.
e) This is the day when the team may wish to gain publicity so this should have been considered and suitable action taken.
11) First follow-up.
About one week after the go-live process the zone should be visited to see how many of the door stickers are in place in homes where the resident agreed to display a sticker. Where a sticker is not in place a reminder should be given to the resident. A template letter is attached to assist in this process.
12) Second follow-up.
a) The second follow-up is designed to assist in measuring whether or not the zone was a success. It should be completed three to four months after the go-live.
b) Send out a letter to the residents in the Cold Calling Control Zone stating that you wish to ask them a few questions. The survey should not take more that a few minutes. A template letter is attached to assist in this process.
c) On the given date at the given time call on residents and ask the follow-up questions. (The letter must have been sent otherwise this visit constitutes cold calling.) If a door chain is not being used then advise the resident that it should be used. (Door chains should not be left in place over night as they pose a safety risk in the event of a fire.) Members of the initial team should make this visit and they must be wearing their identity badges. A “Follow Up Questionnaire” form is attached.
d) Analyse the results of the survey. Are more door stickers required? Is it considered a success? Did the residents complete registration for mailing, telephone calls and utility services?
a) The Cold Calling Control Zone information pack will contain a small card for residents to hand to unwanted cold callers explaining that they are in such a zone and that they do not want to buy from doorstep sellers.
b) The pack will also contain instructions requesting residents to report cold callers to the trading standards service. The service will then contact the business/person and investigate or advise accordingly.
- The need to maintain a Cold Calling Control Zone needs to be reviewed on a regular basis to ensure that it remains a proportionate measure. It is proposed that an annual review is appropriate, the format of which is to be decided by the team and the results documented.
Initial Contact Letter
To Whom It May Concern.
Dear Resident,
Cold Calling Control Zone
Fortunately, Distraction Burglaries are rare in the Royal Borough but when they do happen they can be extremely upsetting. Group name is working with the police and the Royal Borough’s Trading Standards Service on a project to reduce Distraction Burglaries and Rogue Trading in the Royal Borough
Most people who call at your home are genuine although some may turn up unannounced and try and trick their way into your home. They may even turn up as builders or gardeners and try and talk you into paying large amounts of money for unnecessary work.
To combat doorstep crime we are inviting residents in your street to start a "Cold Calling Control Zone”. This will involve putting signs on lampposts in the road telling people they are entering an area where residents do not buy goods and services from uninvited sales people. Stickers for your door or window will be provided, should you wish to display them, together with a free pack with various items to give you advice on what to do if someone still knocks on your door. The project is not intended to stop your regular rounds people or catalogue companies.
Information will also be supplied on how to reduce unwanted sales telephone calls and mail.
We would like the opportunity to explain to you the benefits of “cold calling control zones” and are arranging for your group name to call on you between the hours of time and time on Day, Date. The your group name will have an identification card and members of the local police force will also be in attendance in the street during this period.
Residents taking a stand together in this manner will reduce the chances of falling victim of this type of crime, especially the more vulnerable within our communities.
We thank you for your time and look forward to meeting you on the Date.
Yours faithfully
For your group name
Name
Scheme Co-ordinator
Cold Calling Control Zone Visit Report | |||||
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| Completed by _____________________________________ | |||||
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| Was a householder available - If not post "you were out" letter" | In favour of scheme | Was door chain in place and used | Do you think the householder requires a re-visit when the packs are distributed | Is there a window or front door glass suitable for the sticker |
| Address | Y or N | Y or N | Y or N | Y or N | Y or N |
| 21 Example Road | Y | Y | N | N | Y |
| 22 Example Road | N | | | | Y |
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| Please return to the scheme co-ordinator | | | | | |
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| Date ______________ | | | | | |
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“You Were Out” Letter
To Whom It May Concern.
Dear Resident,
Cold Calling Control Zone
We recently wrote to you regarding the possibility of your street becoming a "Cold Calling Control Zone” and advised you that we would be calling today. Unfortunately, you were not available when we called.
Whilst doorstep crime is rare the scheme is a way of discouraging all cold calling. Surveys have shown that over 95% of residents do not want traders knocking on their doors and that residents are able to contact traders directly if they need work doing. In Cold Calling Control Zones traders who are known and welcome still call as normal. The scheme is not designed to stop regular rounds-people or meter readers.
We will continue with the creation of a Cold Calling Control Zone in your area providing a majority of households within the area are in support of the idea. If there is a majority in favour then the scheme should go live on Date and on this day a folder containing information and a sticker for your front door or window will be delivered to your address. Signs will also be erected in the street.
If you have any queries about this scheme please feel free to call me on telephone number.
Yours faithfully
For your group name
Name
Scheme Co-ordinator
“No Door Sticker” Letter
To Whom It May Concern.
Dear Resident,
Cold Calling Control Zone
We recently set up a Cold Calling Control Zone in your area and you agreed to display a door or window sticker. We have noticed that your door or window sticker is not in place. The sticker can be found in the green folder posted through your door.
We would be obliged if you would arrange for this to be put in place as soon as possible, as this will assist in you in NOT receiving cold callers. If you are unable to locate your pack or sticker, or do not now wish to display the sticker, please call me on your telephone number.
Your Doorstoppers Sticker
You will need to peel the back off this sticker to reveal the warning to cold callers, and we know this may be a little tricky!
Peel the back off the sticker and then place it on plain, smooth glass either on your front door or on a window near to your front door, so that it is clearly visible from the outside of your home. You can smooth the sticker into place using a soft dry cloth.
Yours faithfully
For your group name
Name
Scheme Co-ordinator
Follow-up Visit Letter
To Whom It May Concern.
Dear Resident,
Cold Calling Control Zone
A few months ago your group name set up a Cold Calling Control Zone in your area.
We would like the opportunity to ask you a few questions so that we can measure the benefits of the Cold Calling Control Zone and are arranging for your group name to call on you between the hours of time and time on Day, Date. The member of your group name calling on you will have an identification card and the survey should take a maximum of 5 minutes.
We thank you for your time and assistance in this matter and look forward to meeting you on the Date.
Yours faithfully
For your group name
Name
Scheme Co-ordinator
Follow-up Questionnaire
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| Completed by ________________________________ | ||||||||||||
| Since the Cold Calling Control Zone Started | |||||||||||
| Was a householder available to answer the questionnaire | Was the Cold Calling Control Zone Sticker in place | Was door chain in place and used | Do you think the Cold Calling Control Zone is worthwhile | How many cold callers have you had | Has the level of callers reduced | Do you feel reassured | Are you more confident in dealing with a cold caller, should they call | Have you registered with the Mailing Preference Service | Have you registered with the Telephone Preference Service | Do you know where your pack is | If pack lost, do you require another pack |
| Address | Y or N | Y or N | Y or N | Y or N | 0 or No. | Y or N | Y or N | Y or N | Y or N | Y or N | Y or N | Y or N |
| 21 Example Road | Y | Y | N | N | 0 | Y | Y | Y | Y | N | Y | N |
| 22 Example Road | N | Y | | | | | | | | | | |
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| Please return to the scheme co-ordinator | ||||||||||||
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| Date ______________ | ||||||||||||