Agenda and minutes

            Apologies were reported on behalf of Councillors Bunting and Hutchinson.

            No declarations of interest were reported.

            The Committee considered a report which provided an overview of the work which had been commenced in developing an integrated planning approach to focus on the Linen Quarter, the Transport Hub and the Inner West Special Action Areas, which had been identified as key developments within the City Centre Regeneration and Investment Strategy. It was pointed out that the report had been considered by the City Growth and Regeneration Committee at its meeting on 11th December.

            The Committee noted the findings of the public realm analysis and visioning exercises which had been undertaken together with the scope of the public consultation which would be undertaken, the results of which would be submitted for consideration in due course.

            The Committee considered the following report:

“1.0     Summary of main Issues

1.1                            To outline of the main areas of work and some of the changes within the service arising from the ongoing reviewing of activity during the first six months since transfer of the statutory planning functions from the DoE. The report also provides information in relation to the numbers of applications and how they have been dealt with by the service. 

2.0                            Recommendations

2.1                            The Committee is requested to note the:

·        update on work carried out by the service during the first six months;

·        the initial statistical and specific application information available; and

·        proposals for  further reports and updates, including  statistics to be presented to future meetings.

3.0                            Main Report

3.1                            During this period of transition planning has continued to deliver the core services to customers and successfully carry out statutory responsibility to process and determine applications and initiate preparatory policy work.  This work has been delivered in the context of major legislative change; staff transfer / integration; restructuring within Council and changing processes.

3.2                            The six months post transfer were always recognised as being likely to be the most challenging in respect of maintaining service continuity and responding to the new  legislative requirements. The continuing work to successfully integrate the new function within Council has focussed on changes to improve our operations, processes and the delivery of the statutory responsibility. 

                                 Organisational Change

3.3                            A number of changes have been introduced to respond to the requirements of the new legislation and to make our decision making processes more accessible whilst the Development Management functions have been restructured to provide greater flexibility to respond proportionately to the development pressures across the city. 

3.4                            The main aspect of this ongoing change process have been:

·        Establishment of the new processes and introduction of a new approach to the presentation and consideration of planning applications by Committee.

·        Agreement and implementation of the Scheme of Delegation.

·        Introduction of a process for the review of the Legacy applications that were inherited by the Council.

·        Protocols and processes developed to facilitate representations at Committee.

·        Restructuring of the Development Management to establish a City Centre, Harbour and Major Applications Team alongside a Citywide and Local Applications Teams with a dedicated Enforcement resource.

                                 Guidance and Documents

3.5                            There have been a number of formal and informal documents produced to support the our work and enhance the effectiveness of our processes including:

·        Guidance for applicants on the operation of the Pre-Application Community Consultation processes;

·        Advice in relation to the consideration of proposals for Purpose Built Student Accommodation; and

·        A draft Statement of Community Involvement that sets out our approach to engagement across all our functions.

                                 Planning Applications

3.6                            There have been a number of changes introduced as part of the transfer of the planning function which have changed how Councils manage and determine applications under the new legislation and processes. As part of the response to this new context over the last six months we have seen the  ...  view the full minutes text for item 4.

            The Committee noted the contents of a report which provided an overview of the Department’s financial position as at the end of Quarter 2, that is, 30th September, 2015. 

            The Committee noted the information which had been provided.

             (Mr. D. O’ Kane, Principal Professional and Technical Officer, attended in connection with this item.)

The Committee agreed, in response to a consultation exercise which had been undertaken by the Northern Ireland Environment Agency, to support the listing of the landmarks and buildings at the following locations:

·        Parliamentary boundary posts at 109 King’s Road; beside 14 Gilnahirk Road; between 44 and 50 Gilnahirk Road; two posts at McArt’s Fort within the Cavehill Country Park; 

·        pillar boxes to the front of 82 North Road; to the front of 63 Wandsworth Road; and to the front of 159 Connsbrook Avenue; and 

·        two dwellings at 585 and 587 Antrim Road.

            The Committee considered the following report:

“1.0     Purpose of Report

1.1       To provide Members with an initial indication of the nature and scope of planning agreements appropriate for use in Belfast.

2.0       Recommendations

2.1       To note this report and agree a further detailed report be brought to Committee setting out the proposed approach to the implementation of planning agreements through the development management process.

3.0       Main report

3.1       Belfast City Council (‘the Council’) has the ambition to lead and deliver effective planning outcomes and considers that Planning Agreements are a key tool in delivering future sustainable development for the City.  They are widely used elsewhere as effective and valuable tools but were sparingly used by the previous single, region-wide planning authority.

3.2       The authority to make use of planning agreements is found in current legislation[1] and policy.  The Council will shortly commence making its own Local Development Plan (‘LDP’) to replace the Belfast Metropolitan Area Plan (‘BMAP’).  The LDP will shape and refine the planning agreement regime further but with the pace of change and challenges quickening, the Council can make greater and more widespread use of planning agreements with immediate effect through the development management process. 

            The Nature of Agreements

3.3       Planning Agreements are agreements between local authorities and applicants/developers and are attached to planning permissions to make acceptable development which would otherwise be unacceptable in planning terms.

3.4       Broadly they can be used to:

·        prescribe the nature of development (e.g. requiring a proportion of housing is affordable);

·        compensate for loss such as open space or employment land/buildings;

·        mitigate the impact of a proposal (eg through increased public transport provision).

3.5       Agreements must be directly relevant to the proposed development and should be used where a conditional approval could not deliver the necessary planning results.  Failure to reach a satisfactory agreement will normally lead to a refusal of planning permission.

            The Strategic Planning Policy Statement for NI (SPPS)

3.6       The SPPS provides the policy basis for planning agreements as set out in paragraphs 5.66 to 5.71 / pages 34-36 of SPPS.  A planning agreement may be considered appropriate where what is required cannot be adequately addressed by the imposition of conditions and:

·        is needed to enable the development to go ahead;

·        will contribute to meeting the costs of providing necessary facilities in the near future;

·        is otherwise so directly related to the proposed development and to the use of the land after its completion, that the development ought not to be permitted without it;

·        is designed to secure an acceptable balance of uses;

·        is designed to secure the implementation of development plan policies in respect of a particular area or type of development; or

·        is intended to offset the loss of, or impact on, any amenity or resource present on the site prior to development.  (para 5.67)

3.7       A developer will be expected to pay for, or contribute to, the cost of infrastructure that would not have been necessary but for the development or which needs  ...  view the full minutes text for item 7.