Background
In my capacity as the Portfolio Holder responsible for Planning at Powys County Council I have written three times to Julie James, the Minister responsible for planning, without reply.
I am now seeking the added gravitas, which comes with the support of this Council, to once again request that the Powys Planning Service be allowed to set its own fees to put it on a course for full cost recovery.
The precarious financial situation facing the U.K. economy and public finances in Wales is much publicised and clear for all to see. Powys Council is transforming itself in an attempt place service delivery on a sustainable footing and yet increased fee income, in a range of services including planning, is not an option without positive intervention from Cardiff.
The effect of phosphates on a range of planning applications, and the rules governing developments of national significance; being handed over to PEDW, have severely impacted on Powys’ planning fee income and yet non-fee earning work, such as planning enforcement, has remained buoyant, contributing to severe budgetary pressure.
POSW, the Planning Officers Society Wales has similarly lobbied civil servants for a fee increase and further steps towards cost recovery, but to no avail. A review in England has led to a fee increase from April 2024 and the overdue review in Wales is now needed to rebalance the charging regime to ensure that transgressors pay their way, as well as applicants, rather than the costs of enforcement falling on hard-pressed taxpayers, thereby promoting greater fairness within our communities.
This Council Therefore
Invites the Minister to urgently review the fees regulations for Planning Services to allow for local fee setting and the delivery of the full cost recovery principle for Development Management, and to consider the following propositions:
· Planning application fees based on full cost recovery, amended annually in line with inflation.
· Free “second go” applications following withdrawal or refusal should be removed and replaced with a 50% fee. This would promote pre-application engagement and better-quality initial planning application submissions, whilst addressing the financial cost of processing re-submissions.
· Where a landowner is in breach of planning control, doubling the fee for retrospective applications, where development has taken place without any planning permissions being sought.
· Where a landowner is in breach of planning control but refuses to submit a retrospective application and enforcement action is not expedient, the local Planning Authority be given powers to fine the transgressor, possibly double the relevant planning application fee.
· Remove the requirement to advertise individual planning applications in the print media or transfer the cost of doing so to applicants.
· Unless properly funded, Local Planning Authorities should not be required to submit a Local Impact Report for Developments of National Significance, (Planning performance agreements with developers do not provide for full cost recovery) nor should they be “required” to attend an Examination in Public.
· Landowners promoting sites within the LDP be required to pay an appropriate fee. This will not only assist the Council financially but will hopefully ensure that those putting sites forward are serious about their delivery and the benefits the allocations, for affordable housing etc. bring to our communities.
Proposed by County Councillor Jake Berriman
Seconded by County Councillor Karl Lewis
Financial assessment This motion proposes lobbying Welsh Government and can be managed within existing resources. Officers will be able to accommodate supporting this activity as part of their role.
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Minutes:
Council debated the following motion proposed by County Councillor Jake Berriman and seconded by County Councillor Karl Lewis:
“Council invites the Minister to urgently review the fees regulations for Planning Services to allow for local fee setting and the delivery of the full cost recovery principle for Development Management, and to consider the following propositions:
· Planning application fees based on full cost recovery, amended annually in line with inflation.
· Free “second go” applications following withdrawal or refusal should be removed and replaced with a 50% fee. This would promote pre-application engagement and better-quality initial planning application submissions, whilst addressing the financial cost of processing re-submissions.
· Where a landowner is in breach of planning control, doubling the fee for retrospective applications, where development has taken place without any planning permissions being sought.
· Where a landowner is in breach of planning control but refuses to submit a retrospective application and enforcement action is not expedient, the local Planning Authority be given powers to fine the transgressor, possibly double the relevant planning application fee.
· Remove the requirement to advertise individual planning applications in the print media or transfer the cost of doing so to applicants.
· Unless properly funded, Local Planning Authorities should not be required to submit a Local Impact Report for Developments of National Significance, (Planning performance agreements with developers do not provide for full cost recovery) nor should they be “required” to attend an Examination in Public.
· Landowners promoting sites within the LDP be required to pay an appropriate fee. This will not only assist the Council financially but will hopefully ensure that those putting sites forward are serious about their delivery and the benefits the allocations, for affordable housing etc. bring to our communities.”
Councillor Berriman argued that fees had fallen behind costs and that full cost recovery was required to help sustain the planning service.
By 54 votes to 0 it was
RESOLVED to invite the Minister to urgently review the fees regulations for Planning Services to allow for local fee setting and the delivery of the full cost recovery principle for Development Management, and to consider the following propositions:
· Planning application fees based on full cost recovery, amended annually in line with inflation.
· Free “second go” applications following withdrawal or refusal should be removed and replaced with a 50% fee. This would promote pre-application engagement and better-quality initial planning application submissions, whilst addressing the financial cost of processing re-submissions.
· Where a landowner is in breach of planning control, doubling the fee for retrospective applications, where development has taken place without any planning permissions being sought.
· Where a landowner is in breach of planning control but refuses to submit a retrospective application and enforcement action is not expedient, the local Planning Authority be given powers to fine the transgressor, possibly double the relevant planning application fee.
· Remove the requirement to advertise individual planning applications in the print media or transfer the cost of doing so to applicants.
· Unless properly funded, Local Planning Authorities should not be required to submit a Local Impact Report for Developments of National Significance, (Planning performance agreements with developers do not provide for full cost recovery) nor should they be “required” to attend an Examination in Public.
· Landowners promoting sites within the LDP be required to pay an appropriate fee. This will not only assist the Council financially but will hopefully ensure that those putting sites forward are serious about their delivery and the benefits the allocations, for affordable housing etc. bring to our communities.
Councillor Berriman said he work with Councillor Aled Davies on the wording of an additional bullet point to add to the letter to Welsh Government. The following wording was subsequently agreed:
Local Planning Authorities be accountable for service improvements commensurate with sustainable fee increases and promote appropriate use of Planning Performance Agreements to ensure additional resources are matched with performance improvements.