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Planning Performance Agreements and Extensions of time

This article discusses the importance of timely decisions in planning, and how Planning Performance Agreements (PPAs) and Extensions of Time (EoTs) can help improve the application process. It emphasizes the need for clear pre-application offers, clarity and confidence in working with developers, and the benefits of collaborative working. The article also provides tips for implementing PPAs and highlights the importance of extension of time agreements.

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Planning Performance Agreements and Extensions of time

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  1. Planning Performance Agreements and Extensions of time Date: September 2013 www.pas.gov.uk

  2. PPAs and EoT agreements • Timely decisions are important. But not at all costs. • PPAs & EoTs are part of the answer…but must live within a good overall offer • They aren’t just a way of improving performance stats, but part of a good service • Not a ‘sign here or else’ (withdraw or refusal) approach

  3. Tools are part of a bigger picture • Need a clear pre-app ‘offer’ • Clarity and confidence: • Starts with pre-app: purpose, start and end, outputs, cost • How you’ll work with developers • Offer which fits the scale of proposal • A good quality pre-app leads quickly to a PPA if that is appropriate, or makes it easier to ‘rescue’ (manage the end date)  of a scheme later with a EoT

  4. The difference between the two • PPAs – before submission of the application (ideally early on during the scoping and shaping of a scheme) • EoT – after an application has been registered, but before 8/13 (16) week point

  5. PPAs can help address different areas • Pre-app discussions (early identification of issues) • Project management (efficient and timely processing) • Relationships (applicants, community, councillors) • Resources (exceptional schemes/ extra resources)

  6. National Planning Policy Framework (para 195) “Applicants and local planning authorities should consider…entering into planning performance agreements, where this might achieve a faster and more effective application process.”

  7. Planning Performance Agreements • A framework. Memo of understanding (not a legal agreement), signed before application submitted. • Proportionality – match the complexity of the agreement to the issues you have to consider • Agreement – they need to take account of both the needs of the applicant and the council but help establish a shared objective • (but not an agreement to grant)

  8. Planning Performance Agreements • Project management tool: • tasks (who is doing what) • timings, including determination date* • basic principles of joint working • resources/financial matters (pre-app charge, extras) • info to include in the application *only thing they have to have

  9. Why? • Influence over the determination date • Avoid fee refund (planning guarantee) • Improves quality of the application process (on all sides) • Collaborative working (trust, transparency) • Better value in the long term: • Less objection, more support • Avoidance of refusals and appeals • Better certainty through Member involvement

  10. When? • Strategic (meet objectives in the plan) • EIA • Complex sites (land ownership/mixed uses) • Controversial • Unusual – extra expertise • Environmental sensitivity • Non-standard planning obligations

  11. A developer said: “ brings key partners together, allocates the right people (and the right number of people) to the right groups, and helps towards establishing a shared vision….and helps the LPA move from development control to being more enabling” Landowner involved in a PPA

  12. A local authority said A PPA will: • help limit the bureaucratic nature of planning • promotes shared objectives , visions and goals • allow flexibility for all involved • build trust and strong partnerships • give a genuine voice to local communities • establish transparency and more certainty • result in a well informed and robust decision

  13. PPAs - tips • Get agreement to the approach (Council, development sector, other stakeholders) • Part of your service offer • Keep away from legal • Don’t overcomplicate • Use it as a live project plan • Have the processes which will deliver the project

  14. Extension of time agreements • Similar, but for post application stage. • Managing end date; not last minute scramble • And will most likely cover less (proportionate) • Principles are the same: • Signed agreement • Timescales • Will set a new date for determination (and counted for PS2 returns) • Shouldn’t be used all the time as an ‘excuse’

  15. PAS ongoing work • Cross sector group on pre-app, PPAs • EoT will refine and improve • Performance Framework • Learning from benchmark

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