55 Report to Planning Committee Date 16 February 2012 by Director

Home , Wealden District

Agenda Item 11 Report PC12/12 Report to Planning Committee Date 16 February 2012 By Director of Planning Title of Report Recovery of the Development Management Service by the South Downs National Park Authority Purpose of Report To advise Members of the issues that arise and actions proposed for the SDNPA to recover the development management service from the four Local Authorities that have decided not to continue with providing a delegated development management service after 31 March 2012.

Recommendation: The Planning Committee is recommended to:- 1) note the issues and actions that have or are being taken as a result of the decisions of Arun District and Wealden District, Brighton and Hove City and Eastbourne Borough Councils not to continue with providing a delegated development management service; and for the SDNPA to be able to provide a robust and effective service from 1 April 2012; 2) support the intention to enter appropriate co-operation arrangements with the four LPAs not continuing with delegation, in order to ensure that effective on- going working relationships are maintained and the proposed establishment of a small Officer and Member Working Group to advise the SDNPA on the need and potential options for holding some Planning Committee meetings in those areas not continuing with delegation after 31 March 2012; 3) recommend that the full National Park Authority confirms the establishment of a small Officer and Member Working Group and authorises officers to enter appropriate co-operation arrangements with the four LPAs not continuing with delegation, as set out in the recommendation 2) above

1. Introduction 1.1 The South Downs National Park Authority (SDNPA) became a formal Local Planning Authority on 1 April 2011. In its first year 2011/12, the SDNPA has been working in partnership with all of the 15 Local Authorities (LAs) that have parts of their areas within the National Park. Those LAs are this year providing the majority of the development management services on our behalf. 1.2 In 2011 four LAs gave the SDNPA notice of their intention not to continue with the delegation arrangements after 31 March 2012. These were decisions made unilaterally by the LAs, although the SDNPA decision to introduce its own planning administration system on 1April 2012 is understood to be a key influencing factor. The four LAs that are proposing to withdraw from the delegation arrangements on 31 March 2012 are Arun, Brighton & Hove, Eastbourne and Wealden. None of these currently use the proposed SDNPA planning administration system. 1.3 For the last few months, officers have been considering and dealing with the consequences and potential implications of the SDNPA dealing with these caseloads. The SDNPA has also undertaken some consultation in three of those areas affected by the new arrangements. No consultation has been taken in Brighton & Hove, but despite there being a number of Wards and three Parishes in the City that are also partially within the National Park, these are only

55 very slightly affected as a result of application numbers being very low. Furthermore, discussions with officers at the City Council have confirmed that consultation was consequently not necessary. This report sets out the outcomes of this consultation and recommends two actions for the SDNPA to agree.

2. Background 2.1 For this first year 2011/12, the SDNPA has been working effectively in partnership with all of the 15 LAs that have parts of their areas within the National park, with those LAs providing the majority of the development management service on our behalf. This includes processing and determining applications, the enforcement of planning controls, dealing with planning appeals and providing other services such as the provision of pre-application advice. As Members are aware, this element of the work is being delivered under Section 101 Agreements that were completed with each LA during 2011. Members are reminded that these Agreements do not cover planning policy related work. 2.2 During 2011, three of the four LAs gave notice of their intention not to continue with delegation arrangements after 31March 2012. Brighton & Hove City Council also gave notice of its intention not to continue, subject to discussions with and confirmation by its Members. A formal decision not to continue is expected to be made by the Council’s Governance Committee in March 2012. 2.3 These were all decisions made by the LAs themselves, although the SDNPA decision to introduce its own planning administration system on 1 April 2012 was understood to be a key influencing factor. None of the four LAs currently use the (proposed) Uniform system and the consequential need to operate two different systems for a relatively small number of applications was a key factor. 2.4 The combined application caseload from all four LAs is not significant and in 2011/12 is now expected to amount to around 320 cases, out of an overall workload of up to 4,000 applications within the National Park. Of the four, Wealden is expected to have the largest caseload with 165 cases. Arun is expected to be second with about 145 expected cases, while Brighton & Hove (10 cases) and Eastbourne (no cases) have much lower numbers. Application numbers for 2011/12 are being actively monitored and the numbers expected are now a little higher than originally anticipated. 2.5 Gross payments to these 4 LAs in 2011/12 are expected to total £304,860, although these were originally expected to be offset by fee income of £97,285. Fee income across (and outside) the National Park has been adversely affected by the recessive nature of the economy. It is consequently now expected to be lower than originally anticipated and based on the period up to 31 December 2011, projected fee income within these 4 LAs is now expected to be nearer £55,000. 2.6 After receiving notice of their intentions not to continue with delegation after 31 March 2012, a small SDNPA officer working group was established. This has met a number of times and has been considering the implications of the SDNPA delivering the service itself from 1 April 2012, in liaison with officers from the affected authorities. Consultation has also taken place with the most affected Parishes and LAs, principally in Arun and Wealden where most of the recovered work will be and a number of options have been considered. Four surgeries, at which SDNPA officers were present, were also held in Wealden, Eastbourne and Arun in November and December 2011. A further meeting is planned with Parishes in the Wealden District on Thursday 9th February 2012 which will involve SDNPA Members and Officers and will cover the recovery of the planning service, amongst other matters. 2.7 Most Parishes that are affected by the changes only have parts of their areas within the National Park. This means that from 1 April 2012, they will need to work with two planning authorities rather than one, as at present. The SDNPA will wish to continue to work with the relevant LA to ensure that this change is as seamless as possible. The number of Parishes or wards affected in each of the four LAs is as follows:- Arun – 9 Parish Councils and 6 Parish Meetings, as follows:-  Aldingbourne Parish Council 56  Angmering Parish Council  Arundel Town Council  Burpham Parish Meeting  Clapham Parish Council  Findon Parish Council  Houghton Parish Meeting  Lyminster and Crossbush Parish Council  Madehurst Parish Meeting  Patching Parish Council  Poling Parish Meeting  Slindon Parish Council  South Stoke Parish Meeting  Walberton Parish Council  Warningcamp Parish Meeting Brighton and Hove – 11 Wards and 3 Parish Councils, as follows:-  North Portslade Ward  Hangleton and Knoll Ward  Withdean Ward  Pathcham Ward  Hollingdean and Stanmer Ward  Moulsecomb and Bevendean Ward  Woodingdean Ward  East Brighton Ward  Rottingdean Coastal Ward  East Saltdean and Telscombe Cliffs Ward  Peacehaven and East Ward  Rottingdean Parish Council  Telscombe Parish Council  Peacehaven Parish Council Note - None of the South Downs National Park area enclosing the above Wards and Parishes contains any significant residential development, other than a few isolated properties. Eastbourne – 3 Wards, as follows:-  Meads Ward  Ratton Ward  Old Town Ward Note - None of the South Downs National Park area enclosing the above Wards and Parishes contains any significant residential development, other than a few isolated properties. Wealden – 7 Parish Councils and 2 Parish Meetings, as follows:-  Alciston Parish Meeting  Alfriston Parish Council  Berwick Parish Council  Cuckmere Valley Parish Council  East Dean & Friston Parish Council 57  Long Man Parish Council  Polegate Town Council  Selmeston Parish Meeting  Willingdon & Jevington Parish Council

3. Consultation exercise and outcomes 3.1 An eight week consultation exercise was undertaken in Arun, Eastbourne and Wealden between Monday 14 November 2011 and Friday 20 January 2012. This included one additional week to allow for the Xmas and New Year break. 3.2 In Arun, the arrangements included an 8 week consultation exercise that consisted of the following elements:-  An open invitation to members of the public to submit comments via a specific response page on the South Downs National Park Authority web site  A letter and questionnaire being sent to all the Arun District, Town and Parish Councils and Meetings that have all or part of their areas within the South Downs National Park, as well as Arun District Ward and West Sussex County Council Members for areas within the South Downs National Park.  Two open surgeries were held in Arundel Town Hall to which members of the general public and stakeholder representatives were welcome. SNDPA officers were available to answer questions at these events which took place from 10.00am to 12.00am on Tuesday 29 November and Wednesday 30 November 2011. 3.3 In Eastbourne and Wealden, the arrangements were similar and also included an 8 week consultation exercise that consisted of the following elements:-  An open invitation to members of the public to submit comments via a specific response page on the South Downs National Park Authority web site  A letter and questionnaire being sent to all the Eastbourne Borough and Wealden District, Town and Parish Councils and Meetings that have all or part of their areas within the South Downs National Park, as well as Eastbourne and Wealden District Ward and East Sussex County Council Members for areas within the South Downs National Park.  Two surgeries were held in Alfriston War Memorial Hall, to which members of the general public and stakeholder representatives were welcome. SNDPA officers were available to answer questions at these events which took place from 14.00 to 16.00 on Thursday 1 December and Friday 9 December 2011. 3.4 There has also been some interest from other LA Members and from Members of Parliament who represent some of the above wards or Parishes potentially affected by the changes. Members of Parliament and other Members have been kept informed of relevant matters and the background to the issues and changes. 3.5 No consultation was undertaken in Brighton & Hove as the Councils intentions in relation to future delegation have, until very recently, been far less clear. However, the numbers of SDNPA applications (9 so far in 2011/12) in the City have been very low to date and there are no Parishes to consult or engage with. Recent discussions with the City Council Planners also confirm that consultation in the ward affected is not required. 3.6 Responses to the consultation were quite limited. Generally there was no concern over the Park Authority recovering the service. The four main points raised were as follows:- 1) The main concern (and particularly for those Parishes to the east of the National Park) is the relative remoteness of Midhurst. 2) Some Parishes have consequently suggested that Planning Committee decisions that affect their area should be determined at a venue that is more accessible, e.g. Lewes. This was a consensus view from both Alfriston Parish surgeries and also a view expressed by a local Member for the Sovereign Ward, in Eastbourne.

58 3) There is also some reluctance to accept application consultation electronically and the possible need to make provision for some parishes / parish meetings that have grounds for being treated exceptionally. 4) There is a need for an improved enforcement regime and more regular contact with planning staff locally. 3.7 The above points were the principal areas of concern. Other issues related to seeking a reassurance that planning applications would be handled in an expeditious manner and existing facilities, to search applications on line for example, will continue. No concerns or preferences were raised about how or by whom the future services should be delivered by.

4. Proposed arrangements for managing the development management service 4.1 Given the decision of the four LAs to not continue with delegation, the SDNPA will need to deliver the service itself within these areas from 1 April 2012. This raises a number of matters and actions as follows:- 4.2 Staff - Given the need to ensure that Planning Officers are in post early in order to deliver the service effectively from 1 April 2012, two additional SDNPA Planning Officers have been recruited to help deal with the 300 or so additional cases that will come directly to the Authority for processing and determining. These posts are to be funded from the payments that would have otherwise been made to the four LPAs and no additional resources are required. Members are reminded that these officers will not just be dealing with planning applications. Other aspects of the service, including enforcement, providing pre-application advice, dealing with appeals and monitoring and discharging conditions will also form important elements of their roles. This approach accords with the feedback from the consultation about the need for effective enforcement. 4.3 In addition, two additional administrative support service staff will be required to help undertake the additional validation and other work within the overall administration of applications. This will include the additional work associated with operating the new Uniform planning administration system, dealing with telephone and written enquiries and providing general administrative and related support to the Planning team as a whole. The cost of these posts will also be met from the payments that would have otherwise been made to the four LAs. These posts are currently being recruited to. 4.4 The possibility of seeking assistance from other partner LAs was considered (as opposed to direct recruitment) but this was not promoted in the responses to the consultation exercise and was also not considered to be the most effective overall operational arrangement. 4.5 Accommodation and equipment – The four additional staff cannot be accommodated in Rosemary’s Parlour in Midhurst, as this accommodation is already fully utilised. Until Capron House becomes available in 2013, it is, therefore, proposed to locate the development management team and the related support staff in East Hampshire District Council offices at Penn’s Place in Petersfield. This accommodation has, with some possible minor physical modifications, the potential capacity to accommodate all the additional staff. 4.6 This may require some minor physical works to remove a self-contained office in order to provide additional work and storage space for the team, for which costs are presently being evaluated. Early indications are that furniture and infrastructure to support the IT will be around £3,000. This arrangement at Penns Place will only be an interim measure until the new headquarters in Capron House, Midhurst are available in 2013. Furthermore, some of the time, the planning officers will be working elsewhere in the Park, as outlined in the following section, which will help with overall accommodation needs. Nevertheless, accommodation at Penns Place will be full from 1 April 2012, with these new arrangements. 4.7 Accessibility – The great majority of the recovered planning work (about 97%) will be work within the two Districts of Arun in West Sussex and Wealden in East Sussex. It will be important to ensure that customers in these areas see as little change as possible and experience no deterioration in the services they receive. It is proposed, therefore, that SDNPA Planning Officers should have a regular presence in those two District areas, probably at least once a week, so that customers can meet and discuss planning matters 59 without having to travel to Midhurst. 4.8 Arun’s main offices are based in Littlehampton. Wealden’s Planning offices are currently based in Crowborough, but the Council is presently in the process of moving its offices to a single location in Hailsham. This will also be helpful for Eastbourne residents and customers, given its better proximity to Eastbourne. Adequate publicity will need to be given to advise customers when SDNPA officers will be available to meet with local customers in these areas. 4.9 Arrangements with the LPAs – Although the four LPAs are no longer continuing to exercise planning powers within the National Park, they will still remain the Local Authority for all other services in the whole of their areas (including the National Park). They will also remain the Planning Authority for the rest of their areas outside the National Park. There often needs to be synergy between planning and meeting other local objectives and aspirations. Effective working relationships will, therefore, need to be maintained. This will need to be a continuing role for SDNPA officers and Members, in order to help ensure that these relationships are maintained. 4.10 The four LAs also hold a considerable amount of relevant planning information and other long established expertise, including all SDNPA planning history up to 31 March 2012. This information is held in a variety of different ways, so the SDNPA will need regular access to this information in order to make properly informed planning decisions. Part of this process may also require some contact and consultation with other LA departments, such as Environmental Health, Building Control and local Land Charge Departments. 4.11 In order to ensure that sound effective working relationships are continued to help achieve what both the LAs and the SDNPA will need, it is recommended that a joint co-operation protocol, in the form of a Memorandum of Understanding, is agreed with each of the four LAs that is not continuing with delegation. Initial work is already underway on their development and these should, if at all possible, be completed by 30 June 2012. This will allow a short (three month) period within which checks can be made to ensure that all relevant matters are included. The Planning Committee cannot authorise these MOUs but can recommend that the full SDNPA authorises officers to enter into such informal agreements. 4.12 Decision making on planning matters – One matter that was specifically raised in the consultation exercise was the possibility of Planning Committee meetings for some decisions within the Park being held away from Midhurst. Members may recall that some early Planning Committee meetings were held around the Park area. 4.13 Members are also reminded that the recovery of the service will significantly change the composition of the SDNPA planning workload, with many more minor cases making up the majority of the caseload, rather than the “significant” cases which have done so hitherto. The majority of these minor decisions are likely to be dealt with by officers under delegated powers, with only the more important cases coming before the Committee. Of these, only a very few may be within any of the four LAs not continuing with delegation. In this first year so far, there have only been 2 such applications and both have been in the Wealden District. 4.14 In consequence, the need to hold meetings away from Midhurst may be very limited. However, it is an important matter for some of the Parishes most affected by the changes and Members will wish to ensure that the SDNPA helps as much as possible. There may also be other ways of helping customers living or working greater distances to observe or contribute to meetings held in Midhurst, through webcasts or the use of similar media. 4.15 It is recommended, therefore, that a small Officer/ Member working group be established to investigate these matters further and to report back to the Authority within a relatively short timescale. This can, if Members wish, include some further discussions with the affected Parishes before making such recommendations. The Planning Committee is not able to make this decision itself so if it supports this approach, it will need to make an appropriate recommendation to the full National Park Authority. 4.16 Consultation arrangements with Parish Councils – After 1 April 2012, the affected

60 Parish Councils with parts of their areas within the National Park will be notified of planning matters by the SDNPA, rather than by their LAs. In turn, they will also need to respond directly to the SDNPA. The SDNPA is proposing to consult electronically and it is helpful that most, but not all, Parishes in Arun and Wealden, where most of the work will be undertaken, are already able to operate in this way. An analysis of the current situation that has been taken from the recent consultation exercises suggest that the current position in Arun and Wealden is as follows:-

Can operate Cannot operate District Total electronically electronically

Arun 14 1 15

Wealden 6 3 9

4.17 Only 4 Wards or Parishes out of a total of 24 Wards or Parishes in Arun and Wealden cannot use electronic consultation at present. It is understood that application numbers in these 4 Wards or Parishes are very low, but this is something that the SDNPA may wish to help address over time. In Wealden, the District Council has helped some of its Parishes with larger caseloads to operate electronically by loaning appropriate IT equipment (laptop, printer etc.). Wealden has invited the SDNPA to purchase this equipment from the Council in order to potentially allow this good practice to continue in those Parishes where this arrangement presently operates. 4.18 Given that the cost is relatively small and that it would be a retrograde step to be discouraging any Parishes from continuing to operate in this way, it is recommended that this offer is accepted. The equipment will be owned by the SDNPA and it will decide where and how the equipment is loaned. The cost (approximately £1,500) can be covered by the savings from the payments for the recovered service and is considered to provide overall good value for money and good practice. 4.19 Given the very low numbers of applications received in the Wards and Parish Councils in Eastbourne (none so far in 2011/12) and Brighton & Hove (9 so far in 2011/12) a detailed analysis has not yet been undertaken of their ability and need to receive consultations electronically. However, this work is planned and appropriate arrangements will be made by 1 April 2012, so as to ensure that effective consultation will be possible from that date, if and when it is required.

5. Resources 5.1 The total cost of employing the additional staff with overheads will be £131,300 and this can be met from the payments that will no longer be made to the four LAs. The existing accommodation at Penns Place in Petersfield may need to be expanded slightly to accommodate the additional staff, for which there will be some cost. This is currently being considered and Members will be updated in relation to estimates at the meeting. However, this will be a limited one-off cost that can also be met from the payments that would otherwise have been made to the four LAs. Finally, there will be a need for some additional computer hardware and related support which can also be met from the recovered service. This is also currently being evaluated. 5.2 There is also the need to help support current consultation arrangements with Parish Councils in Wealden District, which allows them to receive and respond to planning matters electronically. This one-off cost of £1,500 can also be met without the need for additional resources, although any future enhancement of this service may need additional resources in future years. There are currently, however, understood to be only four Wards or Parishes that cannot operate in this way, so any future cost should be quite limited. 5.3 Overall, the costs associated with the recovery of the service from 1 April 2012 from the four LAs not continuing with delegation are not likely to exceed £180,000, which can be met 61 from the payments that would otherwise have been made to them. This will leave a saving in 2012/13 which has been provided for in the emerging 2012/13 SDNPA budget.

6. Risk management 6.1 Risk 1 – That the SDNPA is seen to be seeking an end to delegated arrangements. Mitigation – the driver had been from those LPA’s affected by the potential introduction of a new SDNPA planning administration system and extensive consultation and engagement has made clear that we are seeking to provide the service given the desire of the LPA’s to end delegated arrangements. 6.2 Risk 2 – That the service cannot be provided in a robust way. Mitigation – resources are being deployed within budget to ensure there is a team approach to dealing with expected application caseload and other development management work. 6.3 Risk 3 - There are potentially some reputational risks for the SDNPA, in relation to how well it engages and works with Parish Councils and other customers in those areas where the service is being recovered. Mitigation – The regular presence of SDNPA Planning Officers in LA offices in these areas and the potential outcomes from the recommended approach on potential future arrangements and venues for Planning Committee meetings should help to alleviate these risks.

7. Human Rights, Equalities, Health and Safety 7.1 There are no direct implications arising from this report’ but the actions taken and proposed are intended to enhance openness and opportunities for all customers to engage with the SDNPA.

8. External Consultees 8.1 The outcomes from the consultation exercises are summarised in Section 3 of the report and consequential actions taken or proposed are set out in the report.

TIM SLANEY Director of Planning

Contact Officer: Mike Bleakley, Planning Service Development Lea Tel: 0300 303 1053 email: [email protected] Appendices None SDNPA Consultees Chief Executive Officer, Director of Corporate Services, Director of Strategy and Partnerships, Head of Operations, Chief Finance Officer, Deputy Chief Finance Officer, Monitoring Officer & Senior Solicitor.

Background Documents Summary of issues raised in the consultation exercises in relation to the recovery of the planning service.