Portsmouth City Borough Council Cabinet Member for Planning Policy & City Development Meeting

There were none.

The report was introduced by Ian Maguire, Assistant Director Planning and Economic Growth, who informed members that the Checklist is an administrative document describing both the national validation checklist and the local planning documents which each Local Planning Authority can produce to help determine the validity of planning applications and sound decision making.  He explained that the updated lists had been subject to consultation, was considered to represent best practice and that key changes are summarised in paragraph 4.1 of the report.  

Members' questions

In response to members' questions, officers clarified:

·       There is a national metric for biodiversity net gain created by central government and Natural England more specifically.  Portsmouth has an on-going agreement with ecologists employed by Hampshire County Council to undertake the technical assessment work for and on our behalf supported by our own planning officers.  of From November 2023 all proposals for Major Development, and from April 2024 all proposals for Minor Development will need to be accompanied by a Biodiversity Gain Plan. 

·       In relation to the burden of proof lying with the applicant, there are no other documents other than those with links embedded in the Checklist for applicants refer to when providing information and evidence to the Local Planning Authority.  Each application is considered on its own merits and applicants may engage with our pre-application service to help identify the type of information needed from them to support their application. 

·       Regarding Health Impact Assessments (HIA), major developments are 10 plus units for residential developments and 1000 sqm commercial developments.  This is not a new requirement and the inclusion in the Checklist is a reaffirmation of our commitment to HIAs and clarifies that this aspect will be enforced going forward on all new major planning applications.

·       Good national guidance on HIAs is available and it is proportional to the nature of the scheme its impact on the determinants of health, and it may cross reference with other aspects such as air quality, active transport of other issues relating to public health. Again, a pre-application enquiry may be of great assistance to applicants where an HIA may apply.

DECISION - that the updated local validation checklist attached to the report as Appendix A be approved.

The report was introduced by Edward Chetwynd-Stapylton, Development Management Team Leader who noted that the policy has been updated to reflect changes to timescales set out in the planning enforcement system enacted by the Levelling Up and Regeneration Act 2023 (revised 25 April 2024). Previously there were four and 10 year time limits; four years in respect of operational development or change of use to a single dwelling and 10 years for any other change of use or breach of a planning condition.  The new timescales are set out in paragraph 3.5 of the report and apply to enforcement actions taken since 25 April 2024.  Local Planning Authorities gained the power to issue Enforcement Warning Notices, inviting the regularisation of applications when it appears that a development has taken place in breach of planning control.  There are some transitional provisions in place and the new regime provides greater certainty and clarity for all parties involved in the development process.

Members' questions

In response to members' questions, officers clarified:

·       These are refreshed protocols with some new powers and some increases to the fines the Local Planning Authority may levy and together these form greater incentives to compliance. 

·       The new Protocol is being shared widely and hopefully this will discourage some future breaches in planning control.  The appendix to the Protocol provides advice to members of the public on how to report breaches of planning control.

·       The Local Planning Authority works closely with the Highways Authority and Colas on enforcement matters, for example where a developer leaves building materials on the verge, but it does not have any direct powers over Highways or the Colas PFI.  Breaches of a planning condition can be reported for the Local Planning Authority, Highways or Colas and it will be dealt with appropriately; where there is a breach of planning condition it will be handled by planning.  

·       All decisions to enforce are discretionary and enforcement action will only be taken when it is expedient and proportional to do so.  This will be a matter of fact and degree with each case being considered on its individual merits of whether it is a breach and whether it has resulted in any harm.  It is 'harm' which the planning authority aims to regularise not just the not just the fact of a breach and it will then be a judgement as to whether sufficient harm has been caused to warrant enforcement action. 

·       The new power to issue Enforcement Warning Notice will invite applicants to seek retrospective application for planning permission where it is considered that planning permission would have been granted.

·       Stop Notices are never issued automatically, and all enforcement decisions are made on a matter of fact and degree.  The Local Planning Authority aims to work with applicants, most breaches are accidental, and most people voluntarily comply.  Stop Notices are very rare, and the Local Planning Authority seeks solutions by way of other tools.

DECISIONS - that the Enforcement Protocol attached to the report as Appendix A be approved.