Ashley Smith, Deputy Head of Planning

·         Feedback given by Parish Councils on planning applications – Parishes feel that applications are approved or rejected against the recommendations and feedback provided by Parish Councils and that their comments and recommendations are ignored.

·         Presentation to be given on the structure of the Borough-Wide Development Management Panel and how the decision is made to send an application to that Panel. Planning to set out what type of applications go to which panels.

·         Enforcement activity and the lack of communication between Parish Councils and the Borough on enforcement issues

·         Transport Plans – there were no consultations with Parishes on if a transport plan was required from a development. Parishes want to be consulted

Ashley Smith to provide an update on the following items:

·         Feedback given by Parish Councils on planning applications.

The Planning team receive 3000 - 4000 applications each year. Consultations are sent to Parish Councils as well as a wide range of other consultees. The purpose of all consultation is  to bring to the attention of the Local Planning Authority any material planning considerations that consultees think that the Local Authority should consider when reaching a decision. Many responses are received for each application, which are all read, published on the website and a summary of planning issues raised is included in the Officer Report. The Borough generally gives 28 days for parties to respond to consultation, this significantly exceeds the statutory minimum. All matters raised by consultees are considered and where the Borough does consider it can refuse permission, the reason it has come to a different conclusion is detailed in the officer report. If further explanation is required the Development Management Area Team Managers will be happy to discuss.

Ashley Smith informed the Conference that knowledge sharing events were being set up for September for Borough Councillors as well as Parish planning Chairs and Clerks. Ashley Smith informed the Conference that the planning team were happy to discuss any application, he would arrange for a structure to be circulated which would show which managers and officers were the main contacts for each parish area. Generally Development Management area team leaders were the best place to start with any queries from parishes about plan applications in their areas, Enforcement and Conservation queries should be directed to the Enforcement and Conservation team manager.

ACTION: Send planning structure to all parish councils with guidance on where best to direct queries.

·         Presentation to be given on the structure of the Borough-Wide Development Management Panel and how the decision is made to send an application to that Panel. Planning to set out what type of applications go to which panels.

The Borough-wide development management panel consisted of fifteen member where Councillor Burbage was the Chairman and Councillor Alexander was the Vice Chairman. The Borough Development Management Panel predominantly deals with major refusals of Planning Applications that haven’t been listed for area panels as well as some larger strategic applications which may affect the whole Borough. Other applications were either delegated or went to area panels. As a general rule Jenifer Jackson was lead officer for the Maidenhead Panel and the Borough-Wide panel and Ashley Smith dealt with the Windsor Urban and Windsor Rural Panels. Areas Panels mainly dealt with major applications of 10 units or more or any applications that had been called in or met other criteria set out in the Borough’s constitution. It was confirmed that parish councils could not call in planning applications, this could only be done by Borough Councillors.

·         Enforcement activity and the lack of communication between Parish Councils and the Borough on enforcement issues.

The enforcement process was a long process and were voluntary compliance was not achieved enforcement matters were always likely to take some time to resolve. When a request for an enforcement investigation was received by the LPA, it would be logged and then given a priority, high, medium or low and then dealt with in priority. Ashley Smith explained that The Council has a significant number of high and medium priority cases that can take up a substantial proportion of an enforcement officers time, and as a result lower priority cases may take longer to get to as resources are not unlimited and so the priority system is required.

Ashley Smith explained that the purpose of enforcement is not specifically to punish people who carry out unauthorised works, but rather to resolve breaches of planning regulation. The Council was required to act reasonably and proportionately and provide transgressors with opportunities to rectify or regularise breaches of planning control. This may mean that retrospective applications are received or invited. Even in cases where notices are served a right to appeal exists and this is often exercised and as a result causes further delays.

The team acknowledged that it could do better by sending a holding response informing complainants of how long low priority cases may be delayed for. All cases were recorded on the planning access module, parishes should register as an enforcement complainant for any enforcement matters they particularly wished to have updates about. This would inform parishes of the named enforcement officer responsible for cases and parishes could receive or request updates.

·         Transport Plans – Consultations with Parishes on whether a transport plan was required for a development. Parishes would like to be consulted.

As with most Local Authorities the Borough do not consulted on travel plans and conditions. These are received and need to be determined in short timeframes and are a technical matter considered by the Highway Authority.  There is due to be a change in planning legislation later in the year which may restrict the number of pre-commencement conditions that can be imposed on permissions.