Agenda item

(To receive a presentation outlining recent changes to the planning system and how these changes affect the role of a county councillor in relation to planning issues)

The Committee received two presentations which outlined recent changes to the planning system and how these changes affected the role of a county councillor in relation to planning issues.  The presentations provided further detail in relation to the following areas:

Lincolnshire County Council's Role in Planning – Phil Hughes, Strategic Planning Manager

·         Introduction

·         Changes since 2010

·         Plan Making

·         Infrastructure and Funding

·         Development Management (Local)

·         NSIP (Nationally Significant Infrastructure Projects)

·         NSIP Process

·         How members can engage

Development Management (Flood Risk and Highways) 2015 – Mark Welsh, Flood Risk and Development Manager

·         Development Management (Flood Risk and Highways) and Floods and Water Structure

·         Statutory Consultee (Development Management Procedure Order)

·         Statutory Role

·         We are a Consultee (highway authority)

·         Consider Impact and Facilitate Growth

·         What we consider as a consultee

·         We are a consultee (lead local flood authority)

·         What we consider as a consultee

·         Surface Water Flooding

·         Formal response to the Local Planning Authority (LPA)

·         Highway Authority – Consultee

·         Construction and Adoption

·         S278 Highways Act 1980

Members were provided with the opportunity to ask questions to the officers present in relation to the information contained within the report and some of the points raised during discussion included the following:

·         It was commented that this was a very good presentation on the changing position.  The role of councillors was very much one where local knowledge of issues could be highlighted;

·         Local knowledge of areas which were liable to flooding was useful, so that measures such as permeable road surfaces could be incorporated into designs.  It was important that local views were taken into account;

·         It was queried how members could help if they became aware of a development which was taking place in an inappropriate place.  Members were advised that district councils were normally the enforcement authority.  The potential impact of a development would be a matter of perception;

·         The County Council was responsible for surface water flooding.  However, the Environment Agency was still responsible for fluvial flooding;

·         With local plans being established, it was queried whether the neighbourhood plan or local plan would have priority if there was a conflict between the two.  Members were advised that the local plan would always take precedence, the neighbourhood plans were intended to influence the design for an area.  The Parish Councils would receive a proportion of the CIL (Community Infrastructure Levy) revenue, which the parish would have to decide, as a community, how to spend;

·         Members were informed that there was very complex legislation around Section 38 agreements, and it was not possible for it to be backdated to include unadopted roads.  It was very important that developers signed up to S38 agreements;

·         There was a need to ensure that new estate roads were built to an adoptable standard, before they would be adopted by the authority;

·         Under the previous system, there was a Local Development Framework which included a number of documents, one of which was the core strategy which set out broad strategic priorities.  With the new system, there was an integrated local plan which included elements from the core strategy as well as other information such as site allocations for minerals and waste sites;

·         There were concerns that a lot of new developments had block paving on the roads, with no pavements, and that this could be dangerous for pedestrians;

·         The County Council was the SUDS (Sustainable Urban Drainage Systems) approving body for drainage, but the district council was required to ensure that there was sustainable drainage which was maintainable.  The authority did also advise districts on the construction if required;

·         In relation to comments made concerning an estate in Lincoln, members were advised that previously roads were approved in accordance with the residential development guide which specified longer, straight roads with pavements and grass, but it was found that this encouraged people to drive faster on these roads due to the good visibility.  However, guidance had changed and now that roads in estates were perceived as shared spaces, this encouraged people to drive more slowly;

·         In relation to concerns raised regarding instances where block paving had 'sagged', it was noted that this was domestic paving and not part of the public highway.  For highway use, block paving with a strong structural capacity;

·         A very detailed local impact report had been submitted in opposition to the onshore aspect of the Triton Knoll project;

·         Comments were made regarding whether sustainable development was really possible, and there was a need to protect the land;

·         It was confirmed that the Internal Drainage Boards were not statutory consultees on planning applications, but the County Council included them as secondary consultees;

·         The requirement was to have sustainable drainage in a development over 10 properties or more, there was a possibility that in the future there could be a need for this to be applied to developments of less than 10 properties;

·         If officers saw that a proposed development was on the flood map, flood risk mitigation measures would be requested;

·         It was commented that there was a need for housing development to proceed as people had children and grandchildren, and they would all need somewhere to live.  However, there was a need for caution to ensure that villages were not over developed.

RESOLVED

            That the presentations, and comments made be noted.