Work Programme: Update As at 15.9.16 Was Circulated at the Meeting

Minutes

Meeting Title:

/ Cornwall Planning Partnership (CPP)

Date:

/ 15 September 2016

Time:

/ 2.00-4.35 pm

Location:

/ GW:02, Dolcoath Offices, Camborne

Chaired by:

/ David Edmondson

Attendees:

/ Christine Vaughan, Peter Tisdale, Rita Lait, Dave Simpson, Ashley Wood, Nic Phillips, Edwina Hannaford CC (joined meeting at 3.00)

Apologies:

/ Sarah Mason, Michelle Davey, P O’Brien, Linda Coles, Harvey Lander, Jeff Collins

Minutes

Action

1 Work programme: Update as at 15.9.16 was circulated at the meeting:

· Planning PAC work programme – Agreed that the CPP would attend the PAC on 26.10.16 and meet afterwards to agree their input for the Allocations consultation. Noted that an item re SWW and requirements to meet growth should be higher on PAC agenda.
· Interactive online resource – DE demonstrated the proposed guide. Comments to note were:
o Menu screen is too dark and fonts need to be bigger/clearer
o Pre-app logo ‘arrow’ needs to point in other direction
o ‘A day in the life of…’ to be renamed ‘Interactive Planning Guide’
o Quality of plans is an issue that will be addressed at the upcoming Agents Forum on 7.10.16
· Training:
o Local Council conferences – dates are 19.10.16 (Penzance), 27.11.16 (St Austell), 15.12.16 (Bodmin) – 4.30 pm start
o Delegates will have the option of 6 workshops and select 2 to attend from 1. Local Plan and national policy update; 2. Importance of Local Council role in DM; 3. Cornwall Planning Partnership; 4. Landscape – development in sensitive areas; 5. Future planning for Cornwall; 6. Enforcement and compliance (including difference between on a dwelling and on a listed building)
o Group session will include an update on neighbourhood plans
o Training to be a full item on the December meeting. PP – dedicated training Group Leader – will be attending.
o PM is considering how to deliver bespoke training to clusters of parishes
o DE to circulate list of Member training dates and topics
· Cornwall pre-app protocol for Local Councils – DE circulated the finalised protocol documents. Local Councils will complete the information form and send to CC’s Customer Relations team at who will be recording the local councils signed up to the protocol. The information would be available for when enquiries are then subsequently received and would be updated every 12 months (noted that similar information is available on the CNA webpages). Key points agreed/discussions were:
o Protocol documentation agreed: DE to send to SM; SM to arrange to circulate to all local councils; DE asked CPP members to ask their parishes to put the protocol on their websites; NP to upload to CPP webpage; DE to take to Agents Forum on 7.10.16
o The threshold had been taken out of the process as it was not appropriate to apply the same threshold to all parishes – as towns/villages (parish settlements) are different sizes, a development of a certain number of units would have different impacts.
o Facilitated Development Consultation Forums – an action from the Peer Review suggests consultation forums are set up by CC which bring together the community and key stakeholders as part of the pre-application (paid for) advice service available. DE noted AW’s concerns that if such a formal process was facilitated by CC, then it could give the impression of pre-judgement; Lanner already does its own system of community engagement.
· Allocations DPD – Main points to note/discussed as follows:
o 10 areas – Penzance/Newlyn, Hayle, Camborne/Pool/ Illogan/Redruth, Helston, Falmouth/Penryn, Newquay, St Austell, Bodmin, Launceston, Saltash, plus 2 eco-community sites. Bude to be a separate document as allocations were to be included in Neighbourhood Plan (NDP) but now to be done by CC. Truro is a NDP area so not included.
o 1 chapter per area: Wider strategy/overall vision, strategies for economic growth, housing, infrastructure etc, then list of sites.
o Public consultation to run from 29.9-11.11.16 – will be well-publicised, to be web-based.
o Towns wishing to do a Neighbourhood Plan are given the option of doing their own allocations. DS requested that more advice on this is included in the NDP training that is being rolled out. CV confirmed NDP training attended were very good sessions. NP to feedback both points to NDP team.
o Noted that there are issues where allocations straddle boundaries.
o Agreed it would be useful for the CPP to comment as a group on the Allocations DPD, particularly nature of process and because what is proposed in towns affects nearby villages. CPP to spread the message.
o Evidence/documents are used for infrastructure funding bids – aim is to deliver infrastructure as well as housing eg example of liaison with Bodmin medical practices. Safeguarding of employment sites is also included.
o Concern raised regarding housing mix being delivered – need more 1 or 2 bed units including sheltered housing to cope with Cornwall’s higher percentage of over 65s. Noted there is an ‘extra care facility’ policy in the Local Plan and extra care facilities are included in larger allocations.
o Lack of infrastructure is a common issue in objections to applications for more than 6 dwellings (St Ives area). DE updated on the efforts and progress being made regarding balancing contributions according to the individual site’s needs.
o S106 monies are held in dedicated ‘pots’ for each purpose for which they were sought. Deadline for expenditure hoping to be extended to 10 years (currently 5) to avoid any repayment of unutilised monies.
o Noted that CIL could lead to lower amount of contributions and that smaller areas will have no CIL applicable.
o MB to circulate guidance on how to comment to provide clarity plus FAQs. Webpage containing relevant info can be found at: www.cornwall.gov.uk/allocationsplan / ALL
DE to progress
DE
DE SM
ALL
NP DE
NP
ALL
MB

2 & 3

Update from Portfolio Holder and Planning Peer Review (DS) – these two items were combined. Main points below:

· Visiting Community Network Areas (CNAs) – EH has been updating CNAs:
o Peer Review feedback stated Cornwall was a ‘well-performing planning authority’, ie performance good including the number of complaints compared to number of applications dealt with. Peer Review is addressing processes; vision and ambition are key.
o Local Plan Inspector’s fact-check report received – housing numbers 52,500; 300 dwellings moved in St Austell allocation; final report expected at the end of September; do have a 5-year land supply but there are currently issues with appeal decisions being received.
o Local Plan is due to be considered by Cabinet and Full Council in November. The emphasis will then be for everyone to get behind the adopted Local Plan.
o The issue of quality is being raised, ‘Creating communities not just housing estates’.
o Next steps will include a whole raft of guidance to be adopted eg Minerals Safeguarding SPD, Gypsy & Traveller DPD, Allocations document, Historic Environment/World Heritage Site(WHS)/Biodiversity/AONB guidance.
· Member/Officer Conference organised for 30.9.16 – emphasis will be on place-shaping and master planning. NP to ensure Partnership is invited to Conference.
· Bespoke training for parishes – EH met with Falmouth and surrounding parishes recently where concerns regarding student accommodation proposals were raised. This issue was considered at Planning PAC on 14.9.16. Specific training has been offered to that CNA to assist with dealing with the issue.
· Planning PAC work plan – the PAC is also working on guidance notes for decision-makers, lifting of holiday occupancy restrictions, issues re proximity to WHS, Housing and Planning Bill updates.
· Peer Review update (DS) – Improvement Board is working through their work plan. DS has been asked to attend Planning meetings as an independent observer. All CC councillors serving on Planning Committees now need to complete compulsory training before taking up duties. / NP

Minutes/actions from last meeting

· Local Council Protocol update – The updated protocol flowchart (including updates 1. that case officers will also copy in the Divisional Member into emails, 2. 2-way arrow added for when issues are resolved at any point in the process. Following requests for clarification regarding formal meeting protocols at the last meeting and an enquiry from St Austell Town Council, legal advice had been sought. DE circulated this advice at the meeting which is set out below:
“As a general rule, any questions coming before a Local Council are decided by a majority of the members present and voting at a properly constituted meeting of the authority.
For the meeting to be properly constituted this has to be done via a summons and an agenda that, for a Local Council, is published 3 clear days before the meeting.
Schedule 12, para 13 sets out that voting will be by a show of hands and para 18(2) of Schedule 12 sets out that it is a decision of the majority of those present and voting.
There is no allowance in statute to allow voting by proxy, or by post. We are asked about either method a lot, or by attending the meeting via telecon, skype, web cast, email or any other remote means; skype is a popular ‘alternative’ and at least one PC allowed this, once.
As a result, if there is a matter that needs urgent consideration then there are limited options for a Local Council. They are able to call a meeting at short notice; providing this is correctly constituted this is legal, although logistically it can be difficult. Another option available to them is to conduct an informal canvas of the members.
An informal canvas is not a formal response from the Authority, as the response has not been voted upon by the members at a properly constituted meeting.However, the clerk could send the new information out to the members of the Parish Council and ask for their views, then feedback the views to Planning, in doing so ensuring that the response is sent in a way that makes it clear that the response has been compiled following an informal canvas of the members and is not the result of a formal vote of the Council, but a response from members (gathered in this way, due to the short period of time available).
Also, informal canvasses should be reported formally back to the next meeting of the Parish Council, so this is formally recorded at some point.”
The last three paragraphs of this advice set out a way that Local Councils can formally record an informal canvas when reconsideration of a case is required, to ensure that there is transparency in the process. The group noted the advice and suggested solution on formal meeting protocols. Advice to be circulated to Local Councils. However, following further discussion on the timing of the reconsultation or email from the case officer to the Local Council, the group asked consideration be given as to whether a Local Council can request an additional day or two days to consider further comments from the case officer. DE to draft wording in flowchart and take back to the next Development Management Management Team.
· The group is to consider a focus on the economy and commercial/business development as well as housing, and possibly to invite a member of the Local Enterprise Partnership to attend a future meeting.
· Work programme – DE/EH to raise the issue of compliance with obligations at the Developers Forum
· Work programme – DE to consider whether local councils could attend Member training sessions in 2016/17 programme / SM
DE/NP
DE/NP
DE/EH
DE

AOB

· Recruitment to the Partnership – recruitment process ongoing; closing date for applications to be submitted to SM is 5.10.16. It was noted that all meeting invites for 2017 had been declined by one member and so there may be further vacancies next year. NP to advise SM.
· Representative on the Standards Committee Working Group – DE explained linkages, ie Standards Committee consider remedies/lessons learnt from LGO complaints, some of which are involving local councils, and therefore it may be useful to have a volunteer who could represent the Planning Partnership as and when required for future meetings (which are usually 6-monthly). Volunteers to submit names to NP; NP to update RS. / Ongoing
NP
ALL/NP

/ Future meetings:
· Date – 15 December 2016, 7 March 2017, 14 June 2017, 5 September 2017, 12 December 2017

Meeting closed at 4.40 pm