Archived decisions

Contact: Roger Stow, ext 6731 email: [email protected]

1. Summary

1.1 `Minerals and Waste Planning in Hampshire: Annual Report 2002/03' includes information on monitoring and enforcement of development; the determination of planning applications and progress on the monitoring and review of planning policy for minerals and waste. The report concludes that national and local performance targets for minerals and waste are only partially being met; actions are being taken to improve the service provided; but that resources are being stretched so that a review is required. The Committee is recommended to support the publication of the Annual Report and the actions taken to improve the service.

2. Background

2.1 The Annual Report (draft Summary attached as Appendix 1) meets a commitment in the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan to prepare monitoring reports on an annual basis:

(i) to include the results of the regular monitoring of minerals and waste development and to summarise any action taken to secure compliance with planning controls (Annual Report Section 2 - Monitoring and Enforcement);

(ii) to include information on planning decisions (Annual Report Section 3 - Planning Applications and Appeals); and

(iii) to summarise the results of surveys undertaken and to report on the monitoring of the Authorities' policies for minerals and waste, including the extent to which they are being met or complied with and the success or failure of them in achieving the planning objectives of the Authorities (Annual Report Section 4 - Planning Policy; Section 5 - Meeting the Need for Minerals; and Section 6 - Meeting the Need for Waste Management).

Copies of the draft Annual Report have been placed in the Members' Rooms and Information Centres.

2.2 This is the sixth Annual Report. The format is similar to previous years but more emphasis is placed on performance and actions. It is primarily for the financial year 2002/03 but includes information on minerals and waste development in Hampshire up to the end of October 2003. Information from different sources may be for different periods.

3. The 2002/03 Annual Report: Main Findings

3.1 The Annual Report identifies that the monitoring and enforcement targets set out in `Development Control (Enforcement) Policy', approved by the former Planning and Transportation Resources Sub-Committee in October 2000, are not being met. These require all active mineral and waste sites to be visited at least four times a year, inactive sites at least once a year and complaints responded to within two days. During 2002 only 84% of the permitted sites (the same proportion as active to inactive sites) received recorded monitoring visits, with less than three visits per site monitored. This is primarily because monitoring staff time is also taken up with processing detailed submissions following grant of planning permission. In practice, a number of high profile sites require monthly or more frequent visits. Complaints are normally responded to on the same day but the recording system requires updating and action has been taken to do this within the next three months.

3.2 The Annual Report identifies that the targets set by Government for determining planning applications were met in 2002/03. These require at least 55% of `County Matter' applications to be determined within 13 weeks, excluding those with Environmental Statements and Mineral Review applications. During 2002/03 over 65% of these applications (40/61) were determined within 13 weeks.

3.3 Between 2000/01 and 2002/03 the number of `County Matter' planning applications received each year increased from 56 to 94 and the number determined from 48 to 65, an increase of 68% and 35% respectively. The number of applications outstanding to be determined increased from 39 to 63 at the beginning of April 2003. However, many of those applications outstanding required action by the applicant, including the conclusion of legal agreements. Action has been taken to reduce the number outstanding which is now down to 34.

3.4 To maintain and improve the level of service, the Environment Departmental Management Board considered a Development Control Service Plan Review and Action Plan for Service Improvements (copy attached as Appendix 2). This Review identified the following actions:

(i) adoption of a Development Control Service Policy setting out standards so that all stakeholders understand what is being provided and to what level;

(ii) carry out a user satisfaction survey `piggy backed' on the statutory Planning Best Value Indicator survey;

(iii) review use of the Annual Members' Tour of Sites to examine outcomes of planning decisions;

(iv) instigate site inspection strategy based on `environmental risk' to improve site inspection recording; and

(v) complete installation of and commission the new Development Control System.

3.5 The Departmental Management Board adopted the Action Plan and an additional requirement that future Annual Reports review the progress of the implementation of the Minerals and Waste Local Plan.

3.6 The Annual Report identifies that the targets set by Government for minerals and waste planning policy, of an up-to-date Plan adopted in the past five years and the procedures in place for the speedy review of these plans, are only partially being met. The procedures for reviewing the Local Plan in the light of the Planning and Compulsory Purchase Bill currently progressing through Parliament and a large number of new draft regulations, procedures and guidance being produced by the Office of the Deputy Prime Minister and Regional Government offices for consultation, are highlighted in the Annual Report Summary.

3.7 The Annual Report identifies, at the 2.7 million tonnes per annum (mtpa) allowed for in the Plan, that a landbank exists of permitted reserves of sand and gravel, sufficient for only five years at the beginning of 2003 with a further 3.8 years provision identified in the Plan. However, sales for the past 10 years have averaged 2.5 mtpa, falling to 2.2 mtpa in 2002. A number of sites are coming to the end of their permitted reserves and the rate of new planning permissions is not keeping pace with sales. With a few exceptions, this is mainly a reflection of the industry failing to submit applications rather than of the planning process. The future provision for sand and gravel and other minerals will be reviewed in the Hampshire Minerals and Waste Development Framework in the light of revised forecasts and apportionments identified in the Regional Minerals Strategy Consultation Draft published by South East England Regional Assembly in September 2003.

3.8 The Annual Report also identifies a remaining permitted and licensed landfill capacity for non-inert waste sufficient for only two years at 2000/01 input rates. In practice this is now largely in only three remaining sites. However, the infrastructure necessary to meet Hampshire's current Household Waste Strategy - energy recovery incinerators, materials recovery, waste transfer and composting facilities - are now in place or being constructed. The future provision for all waste management facilities will be reviewed in the Hampshire Minerals and Waste Development Framework in the light of revised forecasts identified in the Regional Waste Strategy Consultation Draft published by the South East England Regional Assembly in March 2003.

4. Comments of the Director of Environment

4.1 Although efficiencies have or are being put in place, the Minerals and Waste Planning Service is constantly striving to meet increasing aspirations of the community. There are over 200 permitted minerals and waste sites in Hampshire at various stages of development. Also there are some 100 minerals and waste planning applications a year currently being processed and about 50 unauthorised activities investigated each year. Furthermore there are an increasing number of appeals against refusal of planning permission and against enforcement action. Accordingly, the meeting of targets is challenging.

4.2 Regulatory Committee Members have previously expressed a desire to increase the use of formal enforcement powers to deal with perceived abuses of the system. Enforcement of planning conditions, or of unauthorised development, is undertaken primarily through negotiation, with formal action taken where necessary. Where formal enforcement action has been taken this has been successful. However, such action is usually only successful when all other means have been explored. Whether formal or informal action is taken, monitoring and enforcement is time consuming and, without the cooperation of the developer, is frustratingly slow for both the public and the authority. The options are either to focus effort where the risk is judged to be greatest or to increase resources. The consequence of focused, `risk based' action is that public expectations that conditions are to be enforced elsewhere are not met, leading to an increase in complaints. The Planning and Compulsory Purchase Bill is likely to introduce limited fees for monitoring. If and when fees are introduced, the use and allocation of resources will need to be reviewed.

4.3 Regulatory Committee Members have also expressed concern about the delay in progressing legal agreements once they have resolved to grant planning permission, and the late submission of applications for extensions of time. Progress has now been made in reducing the backlog of applications (see paragraph 3.3), although a number of draft agreements have been with applicants for some time. Progress is also being made in encouraging operators to submit applications for extensions of time well in advance, although there is no statutory requirement for them to do so. Government expects year-on-year improvement in performance, linked to increased application fees and possibly to Planning Delivery Grant. Increasing public involvement in the planning application and appeals process adds to pressures on the service and resources need to be kept under review.

4.4 The review of policy is being given high priority in association with the Materials Resource Strategy. Stakeholder involvement in this process, involvement at the site selection and public inquiry stages are likely to add to pressures on the service and resources need to be kept under review.

4.5 The Minerals and Waste Planning Service has adapted to change over many years to keep abreast of the demands placed on it. Actions have been taken to address these changes and to improve the service, but these actions can also divert resources away from the day-to-day casework. The nature of minerals and waste planning is that programmes and procedures can easily be diverted by major applications, appeals and enforcement, or the need to respond to and influence national and regional policy and initiatives. Resources cannot then meet the demands placed upon them. Changes proposed in the Planning and Compulsory Purchase Bill, and the consequent regulations, procedures and guidance, may also impact further on the service.

4.6 Members are invited to comment on the performance achieved by the Minerals and Waste Planning service identified in the Annual Report and the actions taken to maintain and improve the service.

Recommendation

That the Executive Member for Spatial Strategy be advised of the Committee's views on:

(i) the performance of the Minerals and Waste Planning Service as identified in `Minerals and Waste Planning in Hampshire: Annual Report 2002/03'; and

(ii) the Action Plan for Service Improvements.

8413/RS