EEC/06/88/HQ Development Control Committee 19 July 2006 Annual Report on Development Management, Monitoring and Enforcement Performance 2005/06 Report of the Director of Environment, Economy and Culture Please note that the following recommendation is subject to consideration and determination by the Committee before taking effect. Recommendation: It is recommended that the Committee notes this review of the Council's Development Management, Monitoring and Enforcement performance in 2005/06 and endorses the amendments to the performance indicators and performance targets for future years as set out in Appendix II to this report. 1. Summary This report provides an annual review of the key statistics relating to the performance of the Committee's planning and highways development management responsibilities during the past financial year. 2. Background Pursuant to DoE Circular 18/84, the Committee receives, regular quarterly reports on the handling of "County Matter" and County Council Development planning applications. This report includes an aggregation and analysis of these statistics together with other key performance indicator data for the last year, with comparable data from previous years where available. (See Appendices I and II to this report). The Committee's agreed "Policy and Good Practice Guide to the Monitoring and Enforcement of Planning Control" also requires that the Council's performance in this particular area of work should be reported annually to the Committee. This is addressed in Appendix II to this report. Following previous approval by the Committee in July 2004 and the Procedures Committee in October 2004, the Council's Charter for Development Control was published last January. This also requires that the Committee keeps under review its Charter Standards. Since the adoption of this Charter, the County Council has itself corporately adopted Customer Service Standards and it will be necessary to revisit the Charter Standards at an early date to ensure consistency with the Corporate standards. Monitoring of compliance with such Standards is undertaken through a variety of methods - such as telephone data and mail monitoring systems etc. The current introduction of the Datawright IT software relating specifically to the Development Management processes should enable enhanced monitoring data to be produced in future reports on customer service performance specifically related to the planning application processes. 3. Review of 2005/06 The past year has again proved a busy and eventful one with significant levels of development control casework progressed as well as important milestones being achieved with the Minerals and Waste Development Frameworks/Local Plans. Minerals and Waste Development Framework/Local Plans The Minerals Local Plan was adopted in June 2004 and resources in 2005/06 have been concentrated on moving the Waste Local Plan towards its eventual adoption in June 2006. A redeposit version of the Waste Local Plan was published in July 2005, Pre Inquiry Changes and Omission Sites published in November 2005, and the Public Inquiry held in January-February 2006. The Inspector's binding report was eventually published in May 2006 enabling the Plan to be adopted in June 2006. Alongside this work has commenced on the new Minerals and Waste Local Development Framework pursuant to the new Development Plan requirements of the Planning and Compulsory Purchase Act 2004. A Minerals and Waste Development Scheme (MWDS) was adopted after discussion with GOSW in July 2005 which established key milestones to be achieved in the formulation and adoption of the new Minerals and Waste Development documents. A revision of the MWDS is currently under discussion with GOSW and is due to be formally adopted this month. Key milestones achieved in 2005/06 included: • Statement of Community Involvement - Initial consultation completed March 2005. • Publication of Annual Monitoring Report - December 2005. Whilst responsibility for progressing the Mineral and Waste Development Framework now falls with the Council's Spatial Planning and Regional Affairs Committee, the Development Control Committee benefits from having an up to date framework of Minerals and Waste Development Plans in place - particularly in the context of delivering plan-led development control decisions. Procedures and Performance Standards In terms of its procedures and performance standards, the Committee continues to work within its adopted Protocol for Development Control (adopted in April 2003), the Policy and Good Practice Guide for the Monitoring and Enforcement of Planning Control (adopted in November 2001), the Protocol for Minor Amendments (adopted in November 2003), the Protocol for Section 106 Agreements (adopted in September 1999), and the Charter for Development Control (published in January 2005), together with targets established and monitored for Best Value and Local Performance Indicators since the Best Value Review was carried out into the Development Control Service in 2001. Together these represent a significant commitment to transparency of procedures and standards of service by the Council in the delivery of its Development Management functions. Committee Meetings The Committee met on eight occasions during the year and has conducted four full Committee and one limited Members' Site Visits. The Committee following the Council elections in May 2005, received an Induction Training Seminar in June 2005, and half day training seminars in November 2005 and March 2006 which addressed a spectrum of topics including the emerging Waste Local Plan, the lessons to be learnt from the Wonford Home Zone Project; the appropriate use of planning conditions; and lessons to be learnt from the Torr Quarry Local Government Ombudsman investigation. Members also undertook its Annual Tour in September 2005 which visited the integrated Waste Management facilities at Heathfield and the Watts Blake and Bearne Ball Clay Works in the Bovey Basin. An ongoing programme of training has been agreed for 2006/07. Casework Casework numbers (see Appendix I to this report for details) across the service saw a reduction from the previous year but involved the determination and progression of some strategically important developments. In particular, major applications were determined and planning permissions granted for the Kingskerswell By Pass, the Clyst Honiton By Pass and the Monkerton Link Road in Exeter. Further sections of the Strategic Cycle Route Network in Devon were progressed through the planning system - including key decisions at Holsworthy, Highampton and Whitchurch. New first time Waste Water Treatment facilities were consented at Clovelly, Woodbury Salterton and Bickington (Teignbridge), and a new Recycling Centre was granted planning permission at Caddsdown, Bideford, being the culmination of a long and often problematic quest for a replacement of the former Northam Burrows Civic Amenity and Recycling Centre. The Committee also again dealt with a number of on farm green waste compositing schemes, representing a much larger number of individual proposals which were dealt with under delegated arrangements. The determination of planning applications, investigation of alleged breaches of planning control and monitoring issues at the former Torr Quarry Site near Kingsbridge resulted a lengthy Ombudsman investigation, which, whilst settled locally raised a number of questions in terms of the Council's processes and procedures which have now been addressed. In terms of its role in giving Strategic Planning and Highways/Transportation advice, the Committee has made significant contributions to the ongoing detailed planning processes for the proposed Cranbrook (East Devon) and Sherford (South Hams) new communities where a new approach is being sought, in partnership with the District Councils and others to the delivery of sustainable communities and a new urbanism. In particular, the Committee considered and endorsed the County Council's corporate response to the Cranbrook planning application. Additionally the Committee responded to strategic consultations on major development proposals including the Jetty Marsh area of Newton Abbot, the Winkleigh Biomass Electricity Generating Station proposals, and Major Wind Farm proposals at Fullabrook (North Devon) and Denbrook (West Devon) all of which are likely to result in Public Inquiries in the coming year. Since August 2005, the County Council has under an agreement assisted the South West Regional Assembly in providing advice to District Councils in Devon on the conformity of major planning applications with the Regional Spatial Strategy - the Regional Planning Body now being a statutory consultee on such application. The Education Capital Building Programme, whilst perhaps not as intense as in the previous year has resulted in a significant number of proposals passing through the planning process including the extension/remodelling of schools at Shaldon and Uplowman which were considered by the Committee, as well as the implementation phase of the major Exeter Schools PFI project. The Committee has continued to support the establishment and running of Local Liaison Groups in respect of most of the County's major minerals and waste management sites - and whilst these can be resource hungry in terms of member and staff time they are generally proving their worth in terms of effective community engagement and understanding of the planning processes at these sites. At present there are active Liaison Groups