Decisions 1. To approve the enclosed planning performance agreement for execution.

Transcription

1 ACTION TAKEN UNDER DELEGATED POWERS BY OFFICER 3 January 2017 Title Report of Wards Status Enclosures Officer Contact Details Planning Performance Agreement Diocese of London Site, Grahame Park Estate Interim Deputy Chief Executive and Commissioning Director - Growth & Development Colindale Public Appendix A The Site Appendix B Diocese of London, Grahame Park Estate Planning Performance Agreement Emma Woods emma.woods@barnet.gov.uk Summary This report approves a Planning Performance Agreement between the Council and the Diocese of London for the provision of a dedicated planning resource to facilitate the preparation and delivery of a project programme for pre-application advice that will then inform the emerging planning application to be developed and subsequently submitted by the Diocese of London in respect of the land known as St Augustine s Church (Plot 10C) Grahame Park Estate, London NW9 ( the Site ). Decisions 1. To approve the enclosed planning performance agreement for execution.

2 1. WHY THIS REPORT IS NEEDED 1.1 In November 2016, the Diocese of London (DoL) met with the Council s Major Developments Team to discuss its intention to redevelop land known as St Augustine s Church site ( Plot 10C ) and to obtain feedback regarding a concept redevelopment proposal. At that time, DoL wished to see the church site redeveloped, in order to provide a mixed use, residential led development incorporating a new church, vicarage and hall. The nature and scale of the hall facilities will be considered in conjunction with the development of proposals for Plot 10, to ensure synergy between the developments. 1.2 St Augustine s Church site is located within a strategic location within the wider Grahame Park Estate. The site will provide a focal point at the heart of the regeneration of scheme and will provide social infrastructure and community facilities to the adjacent neighbourhoods and wider surrounding areas. 1.3 The terms of a Planning Performance Agreement (PPA) have been agreed in principle with DoL in November 2016 based on the delivery of a structured pre-application process running up to submission of an application in June This report is therefore required to give the necessary authority for the Council to enter into the PPA as drafted. 2. REASONS FOR DECISIONS 2.1 The purposes of entering into the PPA are to enable the following: To agree requirements and timescales in the form of a project programme for the provision of pre-application advice that will then inform the emerging planning application to be submitted by DoL; To agree to the resource requirements of the Council required to facilitate the provision of pre-application advice and the funding of those requirements by DoL; To establish governance and review mechanisms in respect of the project programme and the scope/terms of this Agreement; and To establish appropriate measures for monitoring compliance with the respective parties obligations under this agreement. 2.2 The proposed PPA is attached as Appendix B Diocese of London, Grahame Park Estate Planning Performance Agreement has been agreed in principle with The Diocese of London and is ready for execution.

3 2.3 The Diocese of London has agreed to fund the cost of time spent by the Council s Appointed Officers on the project up to a maximum of 41,223 (forty one thousand two hundred and twenty three pounds) over the term of the agreement. 3. ALTERNATIVE OPTIONS CONSIDERED AND REJECTED 3.1 In accordance with paragraphs 186 and 187 of the NPPF, the Council is required to take a positive and proactive approach to development proposals with a focus on solutions. 3.2 The alternative option is not to enter into the PPA with The Diocese of London. A standard pre-application advice service is offered by the Council for development proposals however, in consideration of the strategic significance, context and complexities of the Site, this is not considered an appropriate alternative. 4. POST DECISION IMPLEMENTATION 4.1 Subject to approval of the officer s recommendation, the PPA is ready to be signed by the Council and The Diocese of London. The PPA will be reviewed on or before the review date, being two (2) months from the date of commencement of the agreement. 5. IMPLICATIONS OF DECISION 5.1 Corporate Priorities and Performance Approval of the proposed PPA is aligned with the Council s Corporate Plan ( with 2016/17 addendum and targets) priorities (page 4) to: - Manage demand for services by delivering services differently and more efficiently ( Fairness principle); - Get the basics right to ensure that clients who need to transact with regulatory services such as Planning and Building Control are able to do so with greater speed and certainty ( Opportunity principle); and - Manage the budget reductions in place to 2020 by delivering (services) more efficiently (differently and better) by the Council and the wider public sector. ( Opportunity principle) 5.2 Resources (Finance & Value for Money, Procurement, Staffing, IT, Property, Sustainability) The PPA requires The Diocese of London to pay on demand any costs incurred by the Council prior to commencement of the PPA in the sum of 11, (eleven thousand, two hundred and twenty three pounds) and monthly in arrears the post commencement costs of the Council limited to 4, (four thousand, two hundred and eighty five pounds and seventy two pence) per month as a contribution towards the funding of the Council s appointed officers. (The 4, figure would assume a

4 maximum figure is billed for 7 months). The initial 11,223 includes the fee for pre-application services of up to 9, The fees referred to under equate to a total of 41, (forty one thousand, two hundred and twenty three pounds and four pence). The terms of the PPA previously agreed in principle with The Diocese of London in xxx needs confirmation was subject to a maximum budget of 41,223 (forty one thousand, two hundred and twenty three pounds) over the life of the term of the agreement. A project programme has been devised based on the maximum agreed fee of 41,223 (forty one thousand, two hundred and twenty three pounds) Subject to the payment of the post commencement costs, the Council agrees to devote sufficient officer resources to ensure compliance with the purposes of the PPA. It is expected that the costs of delivering the preapplication service will be met by The Diocese of London in full There are no ICT or property implications arising from this agreement. 5.3 Legal and Constitutional References The Government paper Planning for a Sustainable Future (DCLG, May 2007) introduced the concept of the planning performance agreement as an effective collaborative mechanism for handling complex planning applications. Although a PPA has no statutory legal status it allows a developer and LPA to agree and project plan a delivery programme including the appropriate resources necessary to process a planning application in a timely manner. A PPA provides a developer with greater certainty with respect to timescales, costs and advice from relevant professionals Section 93 of the Local Government Act 2003 empowers the Council to charge for negotiating a PPA on an actual cost of service provision basis Section 1 of the Localism Act 2011 empowers the Council to enter into a PPA under its general power of competence The Commissioning Director Growth and Development post holder is authorised to discharge the statutory functions detailed in Responsibility for Functions, Annex B (Scheme of Delegated Authority to Officers) (Article 9.08, March 2016, page 4) including taking and implementing any decision required for operational effectiveness of planning & development management and strategic planning (Article 15, Annex B Responsibility for Functions - Scheme of Delegated Authority to Officers, December 2015, page 21) 5.4 Risk Management A project programme has been agreed with The Diocese of London which identifies the steps to be taken by the LPA and other Council officers e.g. highways in order to achieve the submission of the planning application

5 within the agreed timescales. The clear steps mitigate the risk of a redevelopment proposal for the Site coming forward outside of the robust agreed timescales. 5.5 Equalities and Diversity Section 149 of the Equality Act 2010 ( the Act ) imposes important duties on the Council in the exercise of its functions including a duty to have regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act; advancing equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; foster good relations between persons who share a relevant protected characteristic and persons who do not share it Officers have in considering the planning performance agreement and preparing this report had regard to the requirements of section 149 and have concluded that a decision to authorise the putting in place of the proposed planning performance agreement would comply with the Council s statutory duties under this legislation It is considered by officers that the proposed terms of the planning performance agreement do not conflict with the Council s Equalities Policy or the commitments set out in the Council s Equality Scheme and support the Council in meeting its statutory equality responsibilities. {include any Equalities and Diversity considerations relevant to the decision - in accordance with the guidelines below} 5.6 Consultation and Engagement Officers have had extensive discussions with the Diocese of London in the preparation of the PPA. In light of the strategic significance of the Site and work currently being undertaken associated with the wider Grahame Park Estate the Diocese of London, Genesis Housing Association and LBB are engaged in on-going dialogue with regard to the wider regeneration within the overarching framework of the SPD for Grahame Park The application would be submitted to the pre-application committee as part of the pre-application consultation process, and the planning application is likely to go to planning committee for determination subject to consultation relating to the planning application. 6. DECISION TAKER S STATEMENT 6.1 I have the required powers to make the decision documented in this report. I am responsible for the report s content and am satisfied that all relevant advice has been sought in the preparation of this report and that it is compliant with the decision making framework of the organisation which

6 includes Constitution, Scheme of Delegation, Budget and Policy Framework and Legal issues including Equalities obligations. 7. OFFICER S DECISION I authorise the following action The signing of the enclosed planning performance agreement Signed Interim Deputy Chief Executive and Commissioning Director - Growth & Development Date 3 January 2017

7 Appendix A The Site