In the wake of MPC’s newly released market research study on the end of pre-determination, Nick Chancellor speaks to Cllr. Peter Dean (Chair, Bromley Development Control Committee) about some of the key implications. Cllr. Dean reflects on how the Localism Bill will affect his role as committee chair, and what it could mean for thousands of planning committee members up and down the country...
In light of the changes being proposed in the Localism Bill, what is your take on how this will affect the role for elected members?
I’ve certainly got a few observations on that – firstly I think you’ll find that more members will put themselves forward to sit on planning committees than previously was the case. Secondly, I think that planning members will be less reticent to speak to applicants and objectors in relation to specific planning applications.
There may be a perception among the public that the Members may pre-commit to things without giving the application a fair hearing – but this will only be a minority view in my opinion. This is the only the real negative consequence that occurs to me. On the positive side, Members will be more comfortable in speaking out about applications. In so doing, they will feel that they’re representing the electorate in a better, more effective way.
Three quarters of councillors in our survey consider that members will have more freedom to speak out in favour of development. Do you think they will 'speak out', for the most part?
For me, that’s a difficult question to answer. Speaking out ‘in favour’ is not the way I approach things as a councillor. I prefer to ‘facilitate’ meetings between developers and residents, allowing for them to discuss matters directly; although I am not against the principle of speaking out publicly. For example, in Bromley we have a Town Centre Action Plan and I’m happy to talk publically about this and to lend my support. However the Action Plan consists of over a dozen individual projects each one a major development in its own right that will dramatically change the town centre over the next decade. In these cases I’d much rather that developers consult extensively with residents and reach a mutually agreeable position before an application is submitted. My preference is usually not to speak out in favour of or against specifics, but rather to assist in generating dialogue between interested parties.
As far as ‘speaking out’ is concerned, I rarely see any reason to do this. Therefore the Localism Bill, in relation to pre-determination, will only have minimal impact on the way I work. However, it will remove the theoretical possibility of criticism being levelled at me in the event that any party believes I have compromised my impartiality one way or the other.
Another outcome of the survey was that councillors think they will be freer to meet with stakeholders – be they developers or residents. How comfortable do you think the average councillor will be meeting with a property developer?
I think that they will be more comfortable. Speaking personally, I don’t have any difficulty meeting with developers that I already know - once there is an on-going and established working relationship. However, when I’m talking to developers I haven’t met before – I’ll still meet with them, but for peace of mind I will bring the ward councillor or another colleague to attend with me. I have seen developers on my own in the past, but it’s nice to have an element of personal security, to avoid any possible issues further down the line.
Tell me about your approach to meeting with residents, and how do their views play into the role that Planning Committee performs?
I meet with residents a lot. If talking about a major application, I will often go to the ‘leading’ stakeholder residents. These individuals are usually self-identified – the resident association officers, local school employees, medical practices, etc. Besides meeting residents myself, I also encourage developers to consult with residents directly, and at a very early stage. The last couple of developers I’ve had contact with have held open days for local residents to come and see their plans. This is before they’ve laid any solid plans down - and I strongly encourage this approach. I want them to get the residents involved early, as it almost always leads to a better outcome. It also makes my life as Development Control Chairman a lot easier, as neither myself nor the committee members are working for one side or the other. We are genuinely working for the benefit of the general community!
I also want to hear directly from residents about their concerns and often meet with them face-to-face. I make the planning process clear to them and will tell them about the part they can play in the consultation process. I also share with them my own experiences on similar applications – including the potential up and downsides to supporting or opposing a particular scheme. I can let a resident know whether in my opinion an application is likely to be approved or refused and on what basis.
If a resident asks me my own views, I usually tell them that there is a committee of 17 councillors that will debate the pros and cons, and that I will not commit myself to a position until I have heard their views. I would say the same thing to a developer. I’ve got to hear the view of my colleagues; however if residents (a clear majority of them) are supportive of a particular development it is likely that the committee will also take a positive view provided there are no flagrant breaches of planning policy.
Provided the residents are involved from an early stage, my experience is that you usually come up with something that is broadly acceptable to most residents. However, sometimes there is no agreement, and then you have to look only at planning policy. If it fits policy, and you have an appeal precedent somewhere else, you’ve got no option but to support the scheme (even if residents are against - although wherever possible residents should be advised of the reasons).
What was most surprising to you in terms of the research’s findings?
Broadly, the results didn’t surprise me as I’ve served on Bromley’s Planning Committee for a long while now. If anything, I was surprised that there is a significant contingent that is opposed to the prospect of change.
Why do you thinks some oppose councillors oppose this change?
They may feel that they have to make a decision one way or another before the committee. Previously, they could reserve judgement. Now they may feel placed under pressure to offer their support or opposition at an earlier stage.
How do you think planning officers are likely to react to the changes, if implemented?
I think it depends on the calibre of the planning officer. In Bromley we’re very fortunate: our officers are very good. By and large, I don’t think they will be concerned with pre-determination. I don’t think councillors will put them under any pressure to change their recommendations; they will continue to perform the same essential role in the same way.
Some of the policy is subjective (for example, development size, character, design or visual amenity), and officers can be open to different interpretations if the application is marginal. Good planning officers will always present their genuine views. If you have high calibre officers, they won’t allow themselves to be influenced by councillors, developers or any other third party.
When do you think the greatest impact will be felt – in the long, or short term?
The only changes you may see in the short term are that more councillors will be willing to put themselves forward for planning committees. When you assess a change like this, it’s got to be over a long term period – and it may be that there are unintended consequences. The draft National Planning Policy Framework is designed to reduce the number of guidelines and policy directives into a shorter but more flexible framework. The Localism Bill will come under the umbrella of this as yet untested legislation - so there are some unknowns about the future. My general view is that doing away with pre-determination will be a positive change for most planning committee members. However, I’ll reserve my final judgement until this new system has been in place for a few years!
What are your views on localism?
My view is that it should work well. However, I am always concerned that when you seek the views of local people, there can be a self-selection bias that distorts the reality of true local opinion. For example, the leader of a residents association may claim to speak on behalf of several thousand people, and present this as being ‘the local view’. It’s very difficult to know whether this is true without holding a wider consultation. A planning decision can affect tens of thousands of people, so it’s very important that you get it right! I want to see Localism done properly – with as many stakeholders as possible involved in the creation of Local Plans- and if this necessitates wider consultation than currently envisaged then so be it.