Agenda item

The committee is requested to note and comment on a) the operation of the current S101 agreement and Service Level Agreement and b) the position and progress that is being made in relation to the negotiations with the South Downs National Park Authority (SDNPA) in connection with potential new delegated arrangements from 1 September 2017 onwards.

The committee considered the report circulated with the agenda (copy attached to the official minutes).

The Chair welcomed Mr Bleakley of the South Downs National Park Authority . Mr Frost presented the report. Mr T Whitty, Mrs S Archer were also in attendance.

The committee made comments, including the following:

·         There was a benefit to being involved in planning applications in the SDNPA area as both officers and members are involved directly in influencing those planning applications.

·         There was concern that the new payment by way of costed case types would place this Council at financial risk. The cost analysis carried out over the last few months showed a slightly lower figure than previously achieved and therefore there could be a small reduction in payments. Mr Bleakley advised that they had looked at the workload over last 6 years and there had been a general upward trend so the financial risk to the Council was not high. This way the Council was paid for exactly the work carried out which would be a fairer system. He did not expect the payments to Chichester to be significantly different. If there was an unexpected cost increase on CDC’s part it could be claimed back from the SDNPA. There may be exceptional costs on an enforcement case for example. There would be an opportunity to review the operation of the agreement annually.

·         Enforcement resourcing - It had not been considered necessary to set up a separate team for SDNPA enforcement matters as the protocols for enforcement work within the Chichester local plan area and the SDNPA areas are similar and the team is considerably smaller than the DM teams. There are no significant issues with prioritising work in accordance with the agreed protocols or resourcing the team - the work is split between three investigating officers dealing with east, west and central areas and a team administrator who produces reports and ensures timescales are adhered to. Two senior officers take on more complex cases and engage legal processes where required. Benchmarking work carried out a few years ago showed the service compared favourably with other authorities. The level of resourcing could be reviewed in future if it was considered by members that there were issues that needed to be looked at. Last year there were 560 complaints - the split is slightly more than half for the Chichester local plan area.

·         Enforcement process - The note sent to parishes explained the approach taken on enforcement matters and how PC’s can access information and updates on current cases. . It can be a relatively slow process, enabling those contravening planning controls to submit retrospective planning applications and appeals so it can in some cases take years. A judgement needs to be taken at some point as to whether to proceed with formal action or to accept the development as if an application had been made and approved. Planning enforcement is a discretionary service; we don’t have to take action and planning guidance supports this. We will, however, take action when harm is identified and if it cannot be overcome by other routes. However, our actions are only as effective as the person’s willingness to engage in the process.

·         Communication with district and parish councillors - There was concern about the SDNPA’s communication with parish councils and with district councillors who represent areas within the park. Mr Bleakley advised that the SDNPA carries out regular surveys with its customers and the next one was planned for early 2018.

RESOLVED:

1)          That the operation of the current S101 agreement and Service Level Agreement with the South Downs National Park Authority be noted.

2)          That the position and progress that is being made in relation to the negotiations with the South Downs National Park Authority in connection with potential new delegated arrangements from 1 October 2017 be noted.

RECOMMENDATION TO SOUTH DOWNS NATIONAL PARK AUTHORITY

That the Authority considers the preparation of a Communications Protocol (with district and parish councillors) with the local authorities to whom it contracts development management matters, for inclusion within the agency arrangements.

RECOMMENDATION TO CABINET

1)          If the response from the SDNPA on the above recommendation is not favourable, to develop a Communications Protocol (with district and parish councillors) with the SDNPA and to bring it back to the Overview and Scrutiny Committee for consideration within six months.

2)          That a corporate task and finish group be set up to review the resources allocated to enforcement in relation to the SDNPA Enforcement Protocol and the Council’s Enforcement Strategy and that membership includes a representative from this committee.